Eleven women have testified to the consequences of their nude photos having been posted online by a “revenge porn” website operator who sought money in exchange for the pictures’ deletions.
Twenty more women were expected to testify after the extortion and identity theft trial opened Jan. 16 against Kevin Christopher Bollaert, 28, of Pacific Beach, accused of operating the now-closed website “You Got Posted.”
Most of the women testified they suspected former boyfriends shared the photos, but some still do not know how their photos got on the site.
“I paid the blackmail fee of $350,” said one woman before the eight-woman, four-man jury.
Emily Rose-Weber, Bollaert’s attorney, objected to the witness’ use of the word “blackmail” and was overruled by San Diego Superior Court Judge David Gill. Rose-Weber wanted it stricken, but Gill replied, “That’s her characterization, which the jury can consider.”
The site was opened Dec. 2, 2012, and was taken down in September 2013 by the state’s attorney general office.
In an opening statement, Rose-Weber talked about freedom of expression on the internet, saying: “This case is about whether this is illegal. Is it illegal to host a website where bad things happen? Is it illegal…if you’re not taking the photos?”
Rose-Weber told jurors that Bollaert “didn’t invent” the idea of taking down photographs for a fee, saying, “Many websites have take down service.” She said he ran it “as a business” and urged jurors to find him not guilty of all 31 counts, which include conspiracy.
Deputy Attorney General Tawnya Austin said Bollaert posted the women’s names, ages, work and home phone numbers, and hometowns and demanded money in exchange for the photos to be taken down.
“The victims clearly suffered,” Austin said. “He tried to ridicule these people,” she added, noting that the website was “not a bulletin board where ideas of freedom of speech” are debated. Rose-Weber talked about her client providing “a blank canvas” on which people could post comments. Only Bollaert, she said, could remove the photos for a fee on another website, called changemyreputation.com.
All 11 women said their pictures on Facebook were hacked onto Bollaert’s website without their permission. No men’s photos were posted. Several recalled crude comments allegedly made to them by strangers, who even called them at work. The victims family members were also apparently contacted by strangers by using the information from their Facebook accounts. One woman said a man called her supervisor at work and demanded she be fired.
If convicted, Bollaert could face at least 10 years in prison. He remains free on $50,000 bond.
–Neal Putnam