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Why Cyberbullying Site Creaters Avoid Criminal Charges

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DAYTON -- Through the years, sites like Isanyoneback.com have come and gone. They allow users to submit nude content of their ex as a way to have the last laugh, but the reaction is never funny.

"That's absolutely awful, I couldn't imagine that happening to me," said Brittany Gausel of Dayton.

"I would feel violated and annoyed," added Christian Berry of Dayton.

And even with that violation of privacy, people like Drew Myers are able to avoid criminal charges.

"I was just the messenger... it wasn't mine," said Myers, the creator of the site.

Because Myers' site doesn't allow minors and the material was given to him by others, prosecutors would have a difficult time making a criminal case. A civil suit would be more feasible, but that's if the victim wants to take it to court.

"You always have to think about if you do sue or litigate, it could bring  a level of exposure that's even greater," said UD Law professor Dennis Greene.

He says victims could claim intentional infliction of emotional distress but even that could get dicey depending on whether the photo was used within the privacy of your home or if it was sent in a "sext" message.

"Someone takes a nude pic of themselves and sends it to somebody, clearly there's no expectation of privacy," Greene said.

So moral of the story:

"People should stop taking inappropriate pictures of themselves because if they do get out, it's your fault," said Gausel.

"Like in writing an email, you should only write what you don't mind people seeing and it's 10 times as much when it comes to personal photographs," said Greene.

Lawyers also tell us if victims can identify the person who submitted the photos to the site, that person could face a civil suit.

See Related Stories:
Sinclair Investigating Cyberbullying Case: Victim Speaks Out, Bully Defends Himself


Connect with ABC 22/FOX 45 Reporter Wale Aliyu on Facebook and Twitter.

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