“I Wasn’t Served!” — A Common Delay Tactic by Revenge Porn Defendants
One of the oldest tricks in the book for civil defendants—especially those facing serious consequences—is to claim they were never served with the lawsuit. In cases involving nonconsensual pornography, this tactic is disturbingly common. Perpetrators attempt to avoid accountability by pretending not to know about the lawsuit, even when clear evidence proves otherwise.
In the federal revenge porn case Jane Doe v. Mark A. Gipson, Case No. 1:23-cv-00463-RP (W.D. Tex.), the defendant tried exactly that. After being photographed accepting the lawsuit documents—and ignoring multiple court orders—Gipson still told the judge he didn’t know he had been sued. Fortunately, the court didn’t buy it.
What Happened in Doe v. Gipson
According to court filings, Gipson was served with the complaint and a temporary restraining order in April 2023. The process server even took photos of Gipson taking the documents at his door. Despite this, he skipped court hearings and refused to comply with court orders. He was eventually arrested for contempt. Even then, he testified that he had no idea he’d been sued.
The judge wasn’t convinced. In its August 2023 order, the court cited sworn affidavits and photo evidence showing Gipson had been properly served. The judge found his claims of ignorance questionable—but set aside the default anyway in the interest of allowing the case to proceed on the merits.
Why This Tactic Is Common
Defendants in revenge porn lawsuits often think that avoiding service will stall or derail the case. Some go as far as to hide from process servers, dodge phone calls, or lie to the court about not receiving documents. But courts are catching on. Sworn affidavits, photo evidence, and digital tracking of delivery are making it easier to prove valid service.
Courts Won’t Let It Slide
As shown in the Doe v. Gipson case, even when courts are generous enough to give a defendant a chance to respond, they take service of process very seriously. Perpetrators who knowingly lie to the court risk sanctions, adverse rulings, and damage to their credibility.
What Victims Should Know
If you’re a victim of revenge porn and your abuser claims they weren’t served, don’t panic. Proper service can be proven with affidavits, photos, or certified mail records. Process servers are trained to document delivery clearly and effectively. If the defendant is lying, your legal team can show the court the truth.
At RevengePornVictims.com, we help survivors hold perpetrators accountable, even when they try to hide from the law. If you’re ready to talk, we’re ready to help.
