The Sexual Violence Prevention Association (SVPA) is proud to endorse the Curbing Online Non-consensual Sexually Explicit Nudity Transfers (CONSENT) Act. This bill, introduced by Senator Brian Schatz on June 2nd, will establish a private right of action for victims of non-consensual explicit images and videos, commonly known as “cyberflashing” or “dick pics.”
“Cyberflashing” and “dick pics” are a form of digital sexual violence. Research shows 32% of women and 30% of men have received unsolicited intimate images. Amongst women ages 18 to 29, that number spikes to over 50%. Victims often report feelings of fear, anxiety, and lasting emotional trauma. Yet, across the United States there are still no legal remedies. The CONSENT Act fills this critical gap, giving survivors the tools to reclaim their agency and seek justice.
This groundbreaking, bipartisan bill will protect social media and dating app users from the non-consensual transmission of intimate digital forgeries and depictions. The CONSENT Act will address this issue by establishing a private right of action against individuals who knowingly send unsolicited, non-consensual intimate visual depictions. Under this bill, victims can seek statutory or compensatory damages for emotional distress, attorney fees, and a temporary restraining order to prevent further action from a sender. Additionally, this legislation safeguards minor victims by permitting a legal guardian to bring a civil action on their behalf and allowing the use of initials or a pseudonym in court proceedings.
The CONSENT Act is an important step towards preventing sexual violence in today’s digital world. It empowers individuals to take civil legal action against those who send unsolicited, intimate visual depictions, reinforcing the core principle of consent. As technology continues to evolve, this legislation sends a clear message: non-consensual sharing of explicit images is unacceptable and will be met with consequences. This long-overdue law aims to support victims, safeguard their privacy, and ensure perpetrators are held accountable.
“Cyberflashing is not a harmless prank or minor inconvenience. It is digital sexual violence. It violates the victim’s consent and can threaten their safety,” says Omny Miranda Martone, Founder and CEO of the SVPA.
”Right now, digital sexual violence is the most rapidly increasing form of sexual violence. Yet, victims are left without avenues for justice, and perpetrators are encouraged to continue their harm without consequences. The CONSENT Act changes this. It empowers survivors with the tools to seek justice through civil restitution. Accountability and action change culture. The CONSENT Act will prevent future cyberflashing by changing the norms around accountability and action.”
This letter is the latest in SVPA’s fight against digital sexual violence. We have led the DEFIANCE Act, a federal bill empowering victims of NCEM to seek justice. We developed the 5 R’s of Digital Bystander Intervention and the Blueprint to Prevent Digital Sexual Violence. We’ve advocated for several state bills and federal regulations. We have joined efforts to remove Grok/X from app stores, countered the AI moratorium/preemption, submitted testimony to the Senate on AI chatbots, pressured Congress to take action on Big Tech, and pushed federal agencies and the president to support the UN Cybercrimes Convention.
The CONSENT Act sets a precedent for how our legal system should respond to digital sexual violence. It shifts power away from perpetrators, empowering victims with the legal tools to push for justice. The SVPA strongly urges Congress to swiftly pass the CONSENT Act.
