Hawaiʻi could soon give better protections to those who have intimate images of them shared without their consent.
A new bill would adopt the Universal Civil Remedies for the Unauthorized Disclosure of Intimate Images Act, which was first introduced in 2018 and has since been adopted by 10 states and the District of Columbia.
The act grants civil remedies for those who seek legal action against image-based sexual abuse. Hawaiʻi's current statute grants criminal remedies, which focus more on punishing the perpetrator rather than supporting or compensating the victim.
Amy Zhao, the Policy and Partnerships Strategist for Imua Alliance, a local anti-trafficking organization, said the pathway for victims to seek justice has been muddy.
“While criminal remedies are important, they're often inaccessible because of the evidence hurdles and the limited prosecutorial capacity,” Zhao said.
“A civil cause of action would give survivors a more realistic pathway to justice. It will allow them to pursue damages, attorneys fees and court orders to stop further distribution and to support image removal. That’s the kind of relief that matters.”
Supporters believe the more states who adopt the Universal Act, the more uniform enforcement will be across states. They said this will provide better protection and support for victims in cases involving social media because they are not state-specific, which has become much more popular in the last decade.
The most recent version of the bill expands the act to cover computer-generated images and images that depict self harm. Advocates of the bill say these are both important topics but are too broad and complex to include under the original proposed bill.
The state Department of the Attorney General testified in support of the bill’s original intention and language, but asked that the recent changes be removed.
“These additions introduce distinct and complex issues that do not fit neatly within the existing structure of the bill,” the department wrote.
“This may make it less clear when the law applies and more difficult to establish liability in individual cases. The Department is concerned these changes would jeopardize the remedies for victims that this bill is intended to provide.”
The House Judiciary Committee passed the bill, but raised concerns about expanding its content away from the original act. It will be heard next by the full floor.
