This defense would be stronger if there is written evidence supporting it.
For example, if there is a text messaging from the victim that provides permission to the other person to distribute the images, the consent defense can be raised.
There are some instances where sexting can be considered illegal.
My colleagues, Michelle Drouin and Rakel Delevi, and I hypothesized that people who were afraid of being single or had dating anxiety and who were, at the same time, anxious or insecure in their attachment style would be more likely to sext.
We also thought these singles would be more likely to sext their romantic partners, even when their relationship wasn’t very committed.
If the person claims that they are not the one that sent the messages they can try to argue that as a defense.
Common situations where this defense may be used is with a stolen cell phone or when a third party uses the accused's cell phone.
From that experience, you learned that relationships are safe and reciprocal, and your attachment anxiety is low.
But if your caregiver was not so attuned to your needs, was intrusive or inattentive, you might develop what is called an insecure attachment.
Since sexting is a newer thing, many states vary on their laws and penalties for sexting.
Additionally, some states are still learning how they want to handle these crimes, especially when it involved minors.
But according to my research, sexting is actually most likely to occur within a committed relationship.
Some research suggests that people often engage in sexting after being coerced by romantic partners or to avoid an argument with their romantic partner.
One of the major theories regarding relationships is called attachment theory.