Rep. Joe Barton (R-Texas), who apologized on Wednesday after an explicit photo of him circulated on Twitter, could be the victim of revenge porn, according to a top legal expert.

The congressman, who said Capitol Police are investigating the case, appears to have sent the photo, along with other images, to a woman with whom he had a consensual sexual relationship. If the person who posted lewd images of the congressman is in Texas, where Barton represents a suburb of Dallas, it would be a clear cut violation of the states 2015 law criminalizing revenge porn, said Mark Zaid, a Washington, D.C.-based lawyer.

Legally speaking, as far as Im concerned, Congressman Barton is a victim, Zaid, who has handled revenge porn cases, told HuffPost by phone on Thursday.

Bartons spokesman did not immediately reply to a HuffPost email requesting comment on Thursday.

In an interview published Wednesday in The Washington Post , an unnamed woman who said she had two sexual encounters with Barton, 68, over five years claimed he sent her intimate photos, videos and text messages. She said she did not post the photo a selfie from a low angle, showing Bartons penis, belly and face but did share it with other people.

The right-wing conspiracy theory site InfoWars posted a video of Barton masturbating, which the unnamed woman also showed to The Washington Post, but the video appears to have taken it down.

Revenge porn refers to intimate photos posted online without the subjects consent, often in retaliation after a consensual relationship ends negatively. California became the first state to make publishing revenge porn a crime in 2013. Now 38 states, plus the District of Columbia, outlaw revenge porn. The New York Senate passed a bill in June that would make revenge porn illegal, and the New York City Council voted this month to do the same, though neither has been signed into law.

Bartons case comes during a time of intense scrutiny toward the personal sexual interactions of powerful men. Dozens of men including star Hollywood producer Harvey Weinstein, comedian Louis C.K. and Sen. Al Franken (D-Minn.) have been accused of sexually harassing, assaulting, groping or raping women, particularly younger women over whose careers they wielded significant influence.