This is who remains in orbit:
"he has to have cp. yes, literally. he can't delete anything."
okay so
@Potentially Criminal can back me up on this.
The 5th amendment, the right not to incriminate yourself, does not exist in civil court. Destiny is being sued in civil court. This requires him to preserve evidence.
In civil court, if you have evidence that you are asked to retain (i.e. nudes of Rose), and then you delete them, the jury is instructed to
consider that in the worst light possible. They will straight up tell the Jury that those pictures must be considered as damaging to his case as possible. In this instance, that would mean they are evidence of revenge pornography.
You really, really don't want to get sued at the same time you're facing criminal issues, because it puts you in a zugzwang. You can either forfeit your 5th amendment rights to save your ass in civil court, but if you provide evidence or give testimony in deposition it becomes evidence against you in criminal court! It's a terrible place to be.
So yes, if he suddenly just deleted a bunch of pictures of Rose, the Judge will instruct the Jury to imagine that that deleted evidence is in fact as bad for him as their imaginations allow. If he doesn't delete them and she's 17, if the fedboys come knocking, he's in for a bad time.