The Role of Modified Images in NJ Domestic Violence Proceedings
Domestic violence is a serious accusation. If a victim makes an accusation that the court does not believe, it can lead to increased danger. If someone is falsely accused, even without a conviction, they can face a ruined reputation and difficulty finding housing, employment, and future relationships. The severity of a domestic violence charge makes the evidence used to prove or disprove it critical. Yet, technological advances have made it difficult to trust evidence, such as photos, videos, and even audio files. Many judges are older, and not as familiar with all the new technology that allows people to tamper with these types of files. This begs the question, what impact do altered photos have in domestic violence cases in New Jersey? And furthermore, how can domestic violence clients and their attorneys confront these issues to protect the clients’ interests to the utmost extent?
Manipulated Photos Reshaping Domestic Violence Justice
Photographs have long been used in domestic violence cases as evidence of the abuse. Photos of bruises, lacerations, distorted limbs, and other physical signs of injury are powerful evidence that someone has been abused by their partner. Unfortunately, technological advances allow this robust evidence to now be manipulated and made to look different than it actually is.
Today, these photos can be used to make the abuse look much worse than it is or even as if the abuse never happened at all. Whether through the use of photo editing software or the use of artificial intelligence (AI) to completely fabricate a photo, these photos can even be used as evidence that either the victim or abuser was not in a particular location at the time the abuse is alleged to have occurred. These uses can have dangerous implications for both victims and those falsely accused of abusing their partner or child. A single altered photograph could destroy someone’s credibility and cause a judge or jury to distrust anything else the individual says.
The Hidden Motives Behind Victim Photo Manipulation
Victims who find the courage to come forward and admit they have been abused are often still terrified of their abuser. They know that if they fail to prove their case, their abuser will continue to be free and may hurt them again. Because they are desperate to protect themselves, victims may be tempted to manipulate photos to try to ensure that their abuser faces legal consequences for the abuse. There are different ways victims, or alleged victims, may alter photos to try to manipulate the outcome of their cases.
Exaggerate Injuries or Fabricate Evidence of Abuse
The first way victims or alleged victims may alter photos is to exaggerate the extent of their injuries or fabricate evidence of abuse that did not occur. They may take photos after they have been abused and then alter them to make their bruises darker or lacerations longer or deeper. They may use editing software or AI to add additional injuries that don’t exist. They may also take photos of the scene of the abuse, showing broken furniture or other objects, holes in walls, and other evidence that violence took place. These photos may also be altered to make the damage look worse than it is.
In cases where there is no abuse, the alleged victim may take photos and manipulate them to fabricate injuries that they never sustained. They may also take photos of the home or other alleged scenes where abuse occurred and manipulate them to persuade a judge that violence occurred.
Portray the Alleged Abuser in a Negative Light
In cases where there is no abuse, an individual may be so determined to get what they want that they are willing to do anything to win. For example, a woman getting divorced may be so determined to gain custody of the children that she fabricates photos of herself with bruises and other injuries and claims that her husband abused her. She may even fabricate photos of the children with injuries and claim that her husband hurt the children.
What is important to understand is that these photos are not just limited to the alleged victim in this particular case. If someone is not being abused but wants to portray the alleged abuser negatively, they may take photos of the alleged abuser in other situations and manipulate those as well. For example, they may take photos of the alleged abuser at work in an intense discussion with a co-worker and manipulate it to make it appear that the alleged abuser is screaming at the co-worker and holding a fist near their face. They may find photos of former partners of the alleged abuser, manipulate them to show signs of injury, and claim to have found the photos in the alleged abuser’s possession or that the former partners sent them the photos.
Abuser Tactics and Purposes for Editing Images
While victims can manipulate photos to use them to their advantage in court, abusers can also do the same thing. Like victims, there are many ways that abusers can alter photos and use them against their victims.
Harass or Intimidate the Victim
One way an abuser may use altered photos is to try to prevent the victim from filing or pursuing a restraining order, or filing criminal charges for domestic violence, in the first place. They may alter photos and use them to harass or intimidate their victim. In this case, they will alter photos to eliminate the signs of injury and abuse and show them to the victim, claiming they will show these photos as evidence that they did not abuse the victim and that the victim’s photos are fabricated.
They may also take photos of themselves and alter them to show signs of injury and abuse and threaten to say the victim abused them, claiming their actions were self-defense. They may also manipulate photos to show the victim doing something illegal or scandalous, such as using drugs, drinking too much, or in sexual situations. They can then use those photos to try to harass or intimidate the victim by saying if the victim goes through with the lawsuit, they will show these photos in court or even release them so that friends and family will see them.
Protect Their Identity
For an abuser, protecting their identity and reputation is important. They do not want others to know who they are behind closed doors. They may alter photos to protect their identity by eliminating themselves from the image, blurring the photo to make it harder to identify them, or adding other people so they can claim there were witnesses who can confirm there was no abuse.
They may also alter photos in other ways to protect their identity. Often, abusive individuals build reputations with others that make it difficult to believe they are abusive. Therefore, they may alter photos to indicate that they volunteer with charities, spend quality time with their children, or engage in other activities or behaviors that do not align with being abusive. They may also protect their identity by altering photos to try to claim they were not present when the abuse occurred. This may result in manipulated photos that show them on vacation, business trips, or at a friend’s housewarming party or barbecue.
Remove Key Details of Photos Documenting Abuse
The photos and the injuries they show are not just about the injuries. There is also the context of what else is in the photos that contribute to their use as evidence. While abusers may manipulate the photos by removing the signs of injuries, they may also remove or change key details of those photos to try to discredit the witness. For example, if the victim’s bruise reflects the shape and design of a ring the abuser wears, the abuser may remove that shape and design so they can deny being responsible for the bruise.
They may remove or add a piece of furniture or attention-drawing knick-knack and then use the presence (or lack of) to claim the victim is using a photo that was taken before or after the date claimed based on this item being included or not included. They may take it even further and manipulate the photo to show that the victim is in a different location, then claim that the victim’s photo is the altered version. They may do this to claim that the victim made up the injuries entirely or to claim that the photos are from a previous relationship.
Legal and Ethical Consequences of Photo Manipulation in Domestic Abuse Cases
Photographic evidence of domestic violence is admissible in New Jersey courts. However, depending on who took the photos, there are rules of evidence regarding authenticity and chain of custody that must be considered. Authenticity can be established by witness testimony regarding who is in the photos, the location and date the photos were taken, and how they relate to the alleged domestic violence incident. The victim can testify to these details if they took the photos themselves, or a friend, relative, medical professional, or law enforcement officer may testify if they took the photos. If the photos were taken by law enforcement, victims would need to ensure that law enforcement properly documented the chain of custody as evidence that the photos were not tampered with.
Both attorneys and the parties they represent have an ethical obligation to present truthful evidence in any case. This means that if either party has knowledge that the evidence is false and submits it anyway, they can be legally liable for submitting falsified evidence. This is also known as tampering with evidence. Attorneys and/or their clients can face perjury or tampering with evidence charges, which come with sanctions such as fines, attorney’s fees, restoration fees, dismissal, or suppression. Additionally, if the falsified evidence results in the alleged abuser being criminally convicted, depending on the severity of the case, the victim and/or their attorney may also face jail time.
Identifying Technical Signs of Photo Alteration in Evidence
Fortunately, while editing software and AI can do some amazing things when it comes to photo manipulation, they are not entirely flawless. It may require the use of an expert, but there are things that individuals and courts can do to identify when a photo has been manipulated.
Inconsistencies in Lighting or Shadows
Unedited and unaltered photos have consistent lighting and shadows, even if they are artificial in a studio. Manipulation of a photo can result in inconsistent lighting or shadows because the alteration doesn’t match the original (for example, the person in the photo was originally photographed when the sun was behind them, and the background image was taken when the sun was behind the photographer) or because the edit eliminated them (for example, adding or removing a bruise may have eliminated a ray of light that crossed the individual’s skin).
Blurring or Pixelation Around Edited Areas
The edits required to enhance visible injuries or eliminate them in a photo frequently require significant edits. This causes the editing software to do something called “interpolate” new pixel data based on the pixels surrounding the edit. This interpolation typically causes blurring or pixelation that is difficult to eliminate. In some cases, it may be required to blow up the photograph, zoom in on the edited areas, or use a magnifying glass to notice this blurring or pixelation, but if an individual believes the photos have been altered, it can be worth taking the time to look for this sign.
Metadata Discrepancies
Today, photos are generally taken with cell phones and digital cameras. These devices provide something called metadata, which is information about the photo’s history. Metadata includes details such as where and when a photo was taken, what kind of file it is, if it has been edited, and other details such as camera type, shutter speed and aperture settings. Even screenshots have metadata. Removing metadata may also be a red flag that a photo has been edited. Additionally, even if metadata has been removed, it may be possible to recover it.
Reverse Image Search to Find Original Versions
Often, when people manipulate photos, they use photos that have been used before. They may have been a profile picture on social media, a headshot used on their employer’s website, or taken by a friend and shared on social media. If there is a suspicion that a photo may have been altered, one of the quickest and easiest ways to try to confirm it is using a reverse image search to find the original version of the photo.
Steps to Address Suspected Photo Evidence Tampering in Domestic Violence Scenarios
Once an individual suspects that the other party has submitted manipulated photos as evidence or is threatening to do so, they are not forced to just hope that the court will realize the photos are edited. There are steps they can take to address suspected photo manipulation.
Inform Their Attorney Immediately
If an individual suspects the other party has manipulated photos they intend to submit as evidence, they should inform their attorney immediately. This allows the attorney to challenge the evidence and take other steps to protect their client’s rights. If the individual has any evidence that the other party’s photos are manipulated, such as the original photos or threats to alter photos, they should provide that evidence to their attorney as well.
Consider Hiring a Forensic Image Expert
A forensic image expert can examine metadata and the photos themselves for signs of manipulations. They will also use scientific methods and techniques such as tampering detection, photographic comparison, digital structure analysis, and photogrammetry to determine whether photos have been altered. They can use these techniques to determine authenticity but also to identify the source of the image (the type of device that captured it), as well as identify digital footprints, local changes, and even small traces of photo alteration.
Request That the Court Exclude the Evidence
The individual can make this request themselves if they are representing themselves. Otherwise, the individual can ask their attorney to request that the court exclude the manipulated photos as evidence. This will likely be easier if they can prove that the photos have been altered, but even if it is just a suspicion, they can still make the request. If the court agrees, then the altered photos will not be admitted as evidence and will not play a role in the decision that is ultimately made.
Navigate Photo Evidence Manipulation with Accomplished NJ Domestic Violence Lawyers
While people can legally represent themselves in a domestic violence criminal or restraining order proceeding, our experienced New Jersey domestic violence attorneys at The Tormey Law Firm, LLC. can provide a number of benefits that an individual will not have if they represent themselves. Having handled thousands of restraining order trials and criminal domestic violence cases in Freehold, Toms River, Somerville, Hackensack, Morristown, New Brunswick, Elizabeth, Mount Holly, Newark, Paterson, Jersey City, and throughout the state, our legal team can advise you on the admissibility of photo evidence, challenge manipulated photos submitted by the other party, and present authentic evidence effectively. Our commitment is to protect your rights and interests and fight for an outcome in your favor. To receive a free consultation with one of our NJ domestic violence lawyers, please contact us at (908)-336-5008 today.
