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Cyber shield: Unveiling the Shadows of Sextortion
- thelawpinion
- Feb 7, 2024
- 6 min read
Abstract:
The threatening release of explicit, private, or embarrassing photos of a sexual nature without agreement is known as sextortion. This is typically done to obtain more images, sexual acts, money, or other items. Although this conduct has garnered more attention from the public, teens have not yet been
the subject of a scientific investigation.
By examining the prevalence of sextortion practices among 5,568 middle and high school children in the United States, a nationally representative sample, the current study closes this gap. Roughly 3% of students acknowledged threatening somebody who had shared an image with them in confidence, while 5% of students said they had experienced sextortion. Additionally, young people who threatened others were more likely to have been victims of sextortion firsthand.
Introduction
Portmanteauing the terms "sex" with "extortion," sextortion is a relatively new concept. Threatening another person with violence or any other form of harm is a common way for someone to take advantage of someone against their will.
Sextortion is a type of exploitation in which victims—including minors and young adults—are forced to share sexual pictures or videos of themselves. Using threats to reveal the material to the public, the predator will utilize the photographs as leverage over the target.
Notwithstanding the grave consequences of this offense, there is a paucity of scientific data regarding sextortion. To investigate the offenses of 152 cyber sextortion perpetrators, content analysis of media articles and court records was conducted. To create a qualitative understanding of offenders who used cyber sextortion, characteristics of offenders, victims, demands, and tactics were identified and synthesized. Intimately violent cyber-sextortion offenders, minor-focused cyber-sextortion offenders, cybercrime cyber-sextortion offenders, and transnational criminal cyber-sextortion offenders were the four themes of offenders identified by the results based on the characteristics of the crimes. Policies about crime control may need to adjust due to the variety of online sextortion. Certain perpetrators are more likely to be captured and prosecuted based on the crime victim and approach. Additionally, there has not been any legislative action aimed against cyber-sextortion, which restricts victims' access to legal remedies. We address some of the difficulties that this crime poses for the criminal justice system and talk about how this work adds to the body of knowledge on cyber sextortion.
Defining and Understanding Sextortion
Sextortion is defined as the unlawful and coercive release of explicit, intimate, or degrading photographs under threat, usually in an attempt to get more pictures, money, sex, or other rewards. The fundamental principles of classic extortion, essentially threats of damage in exchange for something of value, align with this arrangement. When someone engages in sextortion, they run the risk of having their sexually explicit photo disclosed. The previously discussed elements of ransomware (where sexual content is held and used as leverage until the target does something the aggressor wants), fraud (where deception is frequently used to obtain the sexual content in the first place), and blackmail (the threat to share personal sexual content) are also pertinent.
While sextortion has not been thoroughly investigated in adolescence, it is a crime against minors that has been thoroughly examined throughout time. It might be an example of adolescent dating violence because the perpetrator could be a boyfriend or girlfriend.
As per the findings of the 2015 Youth Risk Behaviour Survey, which involved 9th to 12th graders in the United States, 11.7% of girls and 7.4% of boys reported having been victims of physical teen dating violence, while 15.6% of girls and 5.4% of boys reported being victims of sexual teen dating violence. Earlier research has indicated that 26.3% of kids in romantic relationships have experienced some “cyber dating abuse victimization” in the past year, supporting earlier exploratory works highlighting the reality that teens utilize technology to abuse their partners. For instance, if one partner tries to end the relationship, the loving partner can threaten to disclose sexual photos that were given in private or break into their partner's social network account, create a hate website to inspire others to make nasty remarks and tales or send demands for explanations in private messaging. It is important to separate revenge porn from sextortion, as the latter involves the unapproved sharing of graphic photographs and has also been under heavy criticism lately.
Image Source: http://surl.li/qgdcv
There is less slang for it: "nonconsensual pornography," which is the deliberate humiliation of someone by sharing naked photos online. Both revenge porn and sextortion are types of picture-based sexual abuse in which the primary tool of manipulation or injury is an intimate or explicit image. Sextortion is often private, whereas revenge porn is more likely to be public. This is the main distinction between the two. Whereas the aggressor in sextortion is trying to obtain something valuable from the target in private, the aggressor in revenge porn is trying to humiliate the target publicly. If photos taken in confidence are later made public, sextortion could turn into revenge porn. Due to its public nature, revenge porn has drawn the most attention from journalists, lawmakers, and legal experts. On the other hand, sextortion has, thus far, mostly escaped widespread public scrutiny, partly because many victims opt to remain anonymous.
Current Study
Although earlier studies have shed some light on the characteristics of sextortion among victims, the current research aims to advance these efforts by offering a more comprehensive understanding of sextortion victimization and offending, particularly among early and middle adolescents. This task has not yet been accomplished. Due to their developmental stage, adolescents may be especially susceptible to sextortion. Although the exact causes of this are still up for debate, it has long been recognized that teenagers take more significant risks than either adults or children. These young people's brain development may not have progressed to the point where they are capable of fully controlling their urges and desires, particularly when it comes to taking risks with their sexuality. Significant peer pressure may also exist.
The overall objective of the current study is to establish baseline data on the extent of sextortion in a young sample by assessing the prevalence of the practice across critical demographic variables, identifying the victim-perpetrator relationship, assessing the extent of harm inflicted, and identifying the victims' sources of distress. We intend to provide an initial overview of the frequency of sextortion, the parties involved, and the recipient of the target's incidence report within this experimental framework.
Indian Laws against Sextortion
Sextortion in India is illegal and punishable under sections 354 (D), 506 / 507, 509 IPC, 384 IPC, and Sec. 67 of the IT Act. These crimes' perpetrators typically profit from the victim's silence and the ambiguity of the law. Everyone must therefore be aware of the portions and codes helpful to them in these situations. The Criminal Procedure Code's Section 108(1)(i)(a) gives the victim the authority to notify her local magistrate about a person she thinks would distribute any pornographic material by giving them a call. To prevent the individual or people from spreading the information, the magistrate has the authority to place them in custody and require them to sign a bond. The accused might be discouraged by this. This remedial part can be completed quickly because the victim can file a complaint with the magistrate without providing direct proof against the offender. Anyone who uses any electronic device, including apps and other social media, to publish or threaten to distribute any private or compromising photos of another person is guilty of a crime under Section 292 of the Indian Penal Code (IPC).
Conclusion
According to the current study, 5% of American students between the ages of 12 and 17 report having experienced sextortion, while 3% acknowledge making threats to release graphic photos of other people. Men were more likely than women to report having been involved in sextortion, either as an offender or a victim. There was no discernible pattern of involvement by age or race. Furthermore, a higher proportion of girls than males sought assistance from adults, but, in general, it seems that young people lack faith in the ability of parents, educators, law enforcement, or other authority figures to provide them with real support or assistance. Future studies to gain a deeper understanding of the nature of as well as the degree to which teenagers engage in sexual assault. Professionals who deal with young people can then better tackle the issue by teaching pupils about the dangers of sharing sexual or otherwise embarrassing digital content and letting them know that help is available if they become victims.
References:
*This article is authored by Ananya Singh, Student of Symbiosis Law School, Noida and reviewed by Sanya, Student of Symbiosis Law School, Noida.
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