What is Revenge Porn : Legal Remedies for Cyber Crime Driven by Vengeance

 

 

lawyersonia@gmail.com | 9845944896 | Revenge Porn | Non-consensual Sharing of Intimate Images and Videos

90% of Revenge Porn victims are either Women or people in the LGBTQ community. 93% reported not only the person but the family members too underwent severe trauma. 49% of such people surveyed said they are harassed or stalked online by users who saw their material. 27% of Indians in the age group of 13 to 45 in the sample surveyed were subjected to such instances of Revenge porn and this age group is most vulnerable.  

National Crime Records Bureau of India reports 157% increase year on year in the number of cases reported for sharing obscene content on the internet.  Unfortunately, some are accidental, but many are driven by vengeance from the ex-partner to settle scores with either the boy who has moved on or the girl who is now happily married concealing and forgetting her past.  

Revenge Porn is a global phenomenon, in India its now catching up but less than 5% of cases get reported. The taboo and stigma associated is such which is also a raising concern for many suicide cases, job loss, matrimonial disputes leading to divorce and many more repercussions. 95% of Cyber-Crime victims do not even lodge a complaint as the victims, who are usually women, fear they will get identified and labelled in society, alas the prevalence of victim shaming. Also comes with it an embarrassment of showing their content to the person seeking help from which could be the police, lawyer, parents, siblings, counselor etc…

The First ever case State of West Bengal v Animesh Boxi in the year 2018 sets precedence with punishment for 5 years and a fine of INR 9,000. Also, the judgement gives directions to the state government to treat the victim of Revenge Porn as a Rape Survivor and provide her appropriate compensation.  

“ Revenge porn is defined as sexually explicit images of a person posted online without that person’s consent especially as a form of revenge or harassment. Unfortunately, the perpetrator and the victim shared an intimate relationship in the past ”

 What should you do if you are a victim of Revenge Porn

-         While you will want the guilty to be punished, first thing first, as soon as you identify immediately report to the platform where you saw such image / video either yourself or through your legal counsel and request removal of such online content.

-         Facebook, Instagram, YouTube restrict nudity, but some medical videos continue to be available in these platforms usually are that of breast feeding or cancer detection guides, no matter how intelligent the platforms are some photographs or videos cannot be detected automatically, reporting will help remove the content.

-         Blogs often may not be monitored, and such platforms may carry your images / videos posted by the offender and as a victim reporting to the platform provider gets these removed immediately.

-         Unfortunately, if the content is removed from or the URLs are deleted, the material may still be on the hosting website.

-         While these images or videos are in the process of being removed do consult your legal counsel and identify the options you wish to pursue to both defend your self and punish the accused.

-         You may also approach a clinical psychologist and during this tough time seek counselling. I do volunteer for such activities as time permits and as a practicing advocate work closely with the cyber crime police in assisting victims and standing for justice. I can be reached at lawyersonia@gmail.com for any guidance or legal assistance.

-         Gather evidence of the material, while you have written to the platforms to remove the content, take screen shots which will form the evidence if you wish to file a legal suit against the offender.

-         Consider the source of images, identify if you have accidently shared or someone has intentionally hacked from your personal devices. File a report with the police. You may directly approach the women’s cell, if you are a resident of Bangalore do reach the Shivajinagar women Police Station either directly or with your legal counsel and get the FIR registered and the stage

Legal Remedies for Revenge Porn

Many law makers globally agree that a definitive law needs to be defined with the quantum of punishment and the procedure for trail. While law making agencies in few countries have initiated such bills in their parliaments, In India acts of Revenge Porn often called as Non consensual pornography or Non consensual sharing of intimate images under the Section 66E, 67, 67A, 72 IT ACT. Such offences are also tried under section 4 and section 6 of Indecent Representation of Women (Prohibition) Act (IRWA), beyond the above acts the offender can be tried depending on the gravity of the case and parties involved under various sections of IPC not limited to IPC 292,354, 354 A, 354 C, 120 B, 406, 499, 509.

Conclusion

While there are legal remedies, we need to create a mass awareness and educate the people, especially adolescents and the youth not to encourage sharing nude pictures over the internet or engage in virtual intimate relationships online. While technology is a boon such acts of violating cyber privacy either accidentally or intentionally is a bane.

Trust this information compiled in this blog post is of help. Reach out to me if you are a victim of such cyber-attack at lawyersonia@gmail.com if you need counselling and legal assistance. 

 

Covid19 - Legal Remedies for Intimate Partner Violence (Domestic Violence)

Legal Remedies for Intimate Partner Violence (Domestic Violence | 498A | Divorce) 

Domestic Violence today is gender agnostic. What was once considered only women to be victims of such domestic violence today's society has accepted any intimate partner irrespective of gender and orientation can be a victim to domestic abuse. 

A multi country study conducted by UN with available sample size at 90% confidence level shows that 35% of partners have been subjected to domestic violence in some form or other by their intimate partners. 26.4% Men, 43.8% Women and 61.1% LGBTQ community reports intimate partner violence. Women and LGBTQ community has reported a higher percent of sexual and physical abuse while the Men have reported mental abuse and to a greater extent financial abuse. 

One such estimate and the study conducted in 2017 showed 57% women whose death was unnatural like death due to physical assault, accident, suicides, homicides, drowning, falls etc… had an history of intimate partner violence.

Covid19 has brought a situation where people are unable to go outside and locked down. The conflicts between intimate partners have seen raising exponentially, as the quarantine takes effect world wide the intimate partner violence is now become an “intimate terrorism” such is the term used by many experts, lawyers, counselors etc… globally … such grave is the situation today. 

Before we figured out the possible legal remedies to overcome the abuse lets define who is an Intimate Partners and what are the broad categories of intimate partner violence.

Who is an Intimate Partner ?

An intimate partner is a person with whom you have or had a close personal or sexual relationship. Such partner may be heterosexual or homosexual or of any sexual orientation. 

What is Intimate Partner Violence ?

The World Health Organization (WHO) defines intimate partner violence as "any behavior within an intimate relationship that causes physical, psychological or sexual harm to those in the relationship". The WHO also adds controlling behaviors as a form of abuse. 

What are the types of Intimate Partner Violence ?

- Physical Violence : is the intentional use of force with a potential of causing life threatening condition, disability, severe injury, grievous hurt, and the milder forms of physical abuse like scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; slapping; punching; burning etc.. .

- Psychological Violence : Acts of emotional torture, constraining and restraining someone from performing an act, curtailing the freedom, stalking, nagging, passing comments, taunting, using nonphysical form of violence, using abusive language, humiliating a person, isolation, invading the privacy, unauthorized access to passwords and social media content or private content etc…

- Financial Violence : Acts done by an intimate partner which causes severe financial threats, use of force either physical, or psychological and control another person’s finances against the will, further examples of financial abuse include steeling money or property, financial mischief, intentional fraud, Coercion to sign documents, forcefully taking away money or salary earned, misuse of possessions by intimate partner or his/her family members, control over bank transactions, credit card and debit cards, restraining some one to spend money on his/her parents, restraining one to spend money on his/her will, unpaid bills, unpaid EMIs and forcing the partner to pay, unnecessary subscriptions to various goods / services etc..

- Sexual Violence :  Use of physical force to compel a person to engage in a sexual act against his or her will, sexual violence, unnatural sexual behavior, use of drugs and substance abuse during sexual activity either by will or under coercion, use of derogatory sexual words, forcing to engage in acts of pornography, molestation, passing lewd comments etc… 

What are the Behaviors of people who are subjected to Intimate Partner Violence ?

We live in a society where only one face of a person is seen which he/she is willing the society to know and there exists a hidden life which the world is unaware. Same is the situation with people who are subjected to domestic abuse by intimate partners. 

We will have many friends who surely would have gone through such trauma but appear normal in front of all but suffer in silence, such suffering could be because either they accept that abuse is normal and that’s how the life is, or they may not know how to seek legal remedy. 

Firstly, one needs to identify if that person is suffering violence and you can play a vital role in helping such person by asking him/her if something is wrong, express concern and assurance, offer help and support, listen patiently without deducing inferences or conclusions. While you do so, never try to judge or blame the person. Here are some traits of persons who are subjected to intimate partner abuse …

- Such persons seem extremely anxious to please their partners

- Such persons are also seen visibly afraid of their partners

- They seem to agree with everything their partners tell, although it may not be by their free will

- They call their partners often to report where they are and with whom

- Visible signs of injuries and bruises may be commonly seen, and they may dress to hide them

- These people will be restricted to see the family and friends

- They rarely go out in public and especially they don’t spend money although they are capable of

- They may seek permission from their partners before spending money

- These people although be earning well will have limited or no access to Credit cards, money etc..

- Such persons will carry low self-esteem, you will see them often lost and depressed 

- Typically, an extrovert person will suddenly behave introvert and also carry suicidal tendencies

An observation that should trigger you investigate further or offer support will be when such a person talks about their partner’s jealousy or possessiveness, or even their temper.

What are the legal remedies available for persons subjected to Domestic Violence?

Indian Legal system has various legal remedies that can help the victims of domestic abuse, such laws are gender agnostic and applicable to Men, Women and persons of any gender orientation. 

Some sections in IPC that the abusers can be booked under but not limited to are Section 107, 109, 102A/B, 212, 302, 303, 304, 304B, 306, 307, 314, 323, 325, 341,342, 342, 354, 370, 376, 377, 379, 384, 406, 417, 426, 465, 496, 498, 498a, 500, 506, 511. 

There are many other legal remedies available including DV, Maintenance and Restraining Orders, every individual is unique and ever person who is subjected to abuse has a unique experience, while the sections imposed under law may be common, but the case build up is uncommon. The victim alone knows the challenges he/she has faced and only a learned counsel can understand the situations and draft the legal papers to seek the appropriate remedy. 

Such remedy the victim of intimate partner domestic violence shall receive in the form of compensation and / or punishment of the abuser which can extend from as less as 6 months and depending on the gravity of violence can also be subjected to life imprisonment. In rarest of the rarest cases where a persons modesty is outrages or the intensity of violence is such that has resulted in loss of life a death punishment also can be prayed. 

What should a person or his/her friend / relative parent does if they identify a person is subjected to intimate partner violence ?

- Talk to your friends and keep your near and dear ones appraised about the situation you are in and seek support. 

- Seek help from a Legal Practitioner to initiate the legal proceedings

- Dial emergency / SOS number and seek police intervention 

Very importantly figure out a way to get out of such relationship which is harmful in a long run. Eventually, one fine day the lockdown will end. But as the quarantine drags on, the danger appears likely to deepen. Studies show that abusers are more likely to cause severe life-threatening damage to their partners physically and mentally. 

Such abuse many not necessarily be habitual but also due to  and other variables in the wake of personal crises, including loss of jobs, financial setbacks, and other economic challenges. 

Prevention is better than cure, as you observe any change in behavior of your partner seek counselling in early stages as compared to a legal remedy after the abuse. 

Trust this information is helpful to the reader, feel free to write to me at lawyersonia@gmail.com or call +91 9845944896 and have a discussion. 

As I have mentioned earlier too, every individual is unique and his or her circumstance too is. A one to one discussion will certainly help you adapt to this changed reality and cope with the psychological effects, loneliness, build trust and improve self-esteem.

Help is just a call away … 😊