Laws on Sextortion

Laws on Sextortion

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Laws on Sextortion
Laws on Sextortion

To get sexual favors or money, a person may be threatened with the publication of sexual photographs or other material, which is referred to as sextortion.

Blackmailing a victim into disclosing sexual images or information is another kind of sextortion that is used to demand money or sexual favors. It is possible to utilize texts, videos, and photos. The most common method of blackmail is via social media platforms; for instance, a lover can threaten to publish an explicit or nude photo of his online girlfriend. The ensuing nonconsensual hardcore pornography can be created by him compelling her to perform sexual actions or stand naked in front of a camera.

Kinds of Sextortion

Using social media to extort people

Sometimes, seemingly innocent interactions on social media or dating websites serve as the starting point for sextortion frauds. Eventually, the perpetrator will coerce the victim into transmitting pornographic images, becoming nude for the camera, or engaging in sexual acts while being recorded. The resulting pictures and videos can then be held hostage for a fee.

Fraudulent email schemes

You get an email informing you that one of your passwords is in the sender’s possession (which they will include in the email). Unless you give them money, explicit material, or participate in sexual behavior, they threaten to broadcast your private photos or videos. A lot of these scams rely on password harvesting, which can be a bluff unless you still have sensitive data on an old website.

Hacking of webcams for sextortion

The victim’s gadget becoming infected with malware is one of the sextortion scenarios that is most unsettling. A hacker has keyloggers installed and may use them to install cameras, microphones, and other devices. It suggests that someone could be keeping an eye on your every move (in the vicinity of your computer). In addition, keyloggers may be used to discover all of your accounts’ passwords. Even while it might seem odd, it happens more frequently than you might think.

Account hacking-related sextortion

If you’ve ever shared any explicit photos or videos on social media or chat apps, or if you’ve kept them on one of those services, someone may access them. They could use your account to send the pictures to friends, family, and coworkers if you don’t agree with their requests.

Effects on victims

It is simple for society to condemn the victim because of the nature of the offense: “It was the victim who provided the photos and videos after all.” This mindset is not unexpected, especially given that higher courts in India appear to share the same opinion. The victim’s right to justice is not diminished by the fact that she voluntarily supplied the photos or gave her approval to have them taken.

The Punjab and Haryana High Court granted bail to three defendants in an infamous case of sextortion and rape of a college student, finding that the victim’s statement depicted a tale of misadventure stemming from a promiscuous mentality and curious mind. The blatant patriarchy that pervades our culture is reflected in this order.

To prevent being a victim of sextortion, follow these recommendations:

  • Put the privacy setting on all of your social media profiles;
  • Never email incriminating pictures of yourself to someone, no matter how close you are.
  • Never open attachments from a sender you don’t know;
  • Turn off your electronic gadgets and cameras while not in use.
  • Watch out for strangers who try to quickly switch the discussion to another platform on dating services or social media.
  • Be wary of new internet contacts that send you explicit pictures of themselves that they claim to be. This is a typical tactic employed by extortionists to lead the discussion in a sexual direction and weaken the defenses of their victims.
  • Refuse to pay the extortionist’s demanded ransom;
  • immediately cease associating with the perpetrator;
  • All conversations with the extortionist should be documented.
  • Make sure that all of your social media accounts are safe.
  • alert the relevant social media network to the content;
  • Speak with a skilled lawyer who specializes in cybercrime.

Additional Laws

Offenders in these crimes typically profit from the victim’s silence and the murkiness of the law. Everyone must thus be informed of the laws and regulations that will aid them in such situations.

  • According to Criminal Procedure Code Section 108(1)(i)(a), the victim has the authority to call the local magistrate and tell him or her about the individual she thinks would spread any pornographic material. The magistrate has the authority to place such person(s) in custody and might ask him to sign a bail to prevent him from disseminating the information. This might discourage the accused. Since the victim might complain to the court without providing any direct proof against the accused, there is a brief section for corrective action.
  •  Under Section 292 of the Indian Penal Code (IPC) Any person who disseminates or makes threats to disseminate any intimate or compromising photos of another person via any electronic medium, including apps and other social media, is guilty.
  •  With the use of other pertinent provisions from the Information Technology Act, a voyeurism case under Section 354C of the IPC may also be made if an inappropriate photo of a lady is taken without her consent and circulated.

Conclusion 

A problem must be defined before it can be solved. The laws of India do not specifically define sextortion, making them ineffective in dealing with a major crime like this. The Indian Penal Code must provide a precise and detailed definition of sextortion. Sextortion will continue to be unrecognized and have a hazy legal recovery road unless the law changes to properly identify and adequately punish it.

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