Blackmail With Candid Photos: A Lawyer On Ways To Protect Yourself From Porn Revenge

A life 2022

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Blackmail With Candid Photos: A Lawyer On Ways To Protect Yourself From Porn Revenge
Blackmail With Candid Photos: A Lawyer On Ways To Protect Yourself From Porn Revenge

Video: Blackmail With Candid Photos: A Lawyer On Ways To Protect Yourself From Porn Revenge

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There is still no adequate analogue in the Russian language the concept of "revenge porn" - a situation in which a person, wishing to take revenge, uploads intimate photos and videos of his ex-partner to the Internet or threatens to do so. Unfortunately, such situations are not uncommon - but they can and should be dealt with. Kristina Lapshina, a practicing lawyer in the field of civil law, told us how to protect our rights.

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Not long ago, one of my friends sent me a message full of panic and despair. Opening it, I saw a photo where a girl was smiling at the camera, holding her bare chest. The essence of the message was that a scoundrel had hacked into a friend's account, found her photos addressed to a young man in the correspondence, and threatened to send them to the entire contact list if the girl did not send him an impressive amount of money. Naturally, the friend was not going to pay anything to anyone, but at the same time she was afraid to even admit the idea that her photos would get to all friends and employers. I will tell you at the end how this situation was resolved, but for now a little theory.

Often, we are not blackmailed by strangers at all, but by the closest ones: for example, former partners who are ready for anything, or friends. Sometimes we ourselves, unknowingly, practically give our nude photos into the hands of scammers.

The first rule that I worked out for myself, after serving in the prosecutor's office and closely communicating with the "K" department of the Ministry of Internal Affairs of Russia, is to post on the Web only what you are ready to show people. Even in private messages. Even sending to people in whom you are confident, as in yourself. The same goes for storing files in cloud services. You can hack, if not everything, then a lot. If law enforcement specialists can do it, then attackers can do it too.

Second rule: never follow links that cause even the slightest doubt. Yes, I am aware that we have all heard this advice a million times. But this does not make him less useful. At one time, on duty, I visited a lot of resources on the shadow Internet (a part of the network protected by encryption mechanisms that allow you to maintain anonymity), where methods of stealing other people's data were discussed. Incidentally, theft of photographs is perceived there as petty self-indulgence and a rite of passage into a criminal community; usually, more complex issues are resolved - how to withdraw an account or obtain passport data. The queen of methods of stealing any information from our accounts is the notorious social engineering. Well, who among us does not help a friend to win the competition? Or refuse to sign an important petition? But any of these links can be a way to hijack your account, along with all correspondence and files.

Preventive measures are always good, but what if the disaster has already happened and the photos are taken over by an outsider who threatens to spread them? Let's look at a few situations.

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SITUATION # 1

We met, and now he (a) uses my photos to bring me back or get revenge

A similar incident was recently reported in our community. Unfortunately, this situation is the least regulated from a legal point of view. In any case, it is worth knowing that any photographs represent information about the private life of a person, constituting his personal or family secret, and it is unacceptable to disseminate them without the consent of such a person. It is worth reminding the offender about this and trying to figure out the issue by talking to him. If the attacker did not distribute them or did not demand money for non-proliferation, there is no corpus delicti, and it is impossible to involve him even for preparing for a crime - both of the above structures are not serious or particularly serious.Alas, our legislation is so imperfect that it does not allow us to prosecute for the threat of such proliferation. Fortunately, those who threaten do not always complete what they have begun. But if the attacker does carry out his threats, that's a completely different story.

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SITUATION # 2

An attacker has shared your photos

In this situation, it becomes completely unimportant what purpose the person pursued - to take revenge, have fun or get money. The very fact of distribution is important here. Do not be afraid and panic, do not be ashamed of the fact that you are naked. I am convinced that the attacker must be punished, and here it is important to act immediately and decisively. First of all, you need to collect print screens of all the messages that he distributed (now they can be notarized - this is more likely that this information will force law enforcement officers to listen to your words), or find those who saw your photos, if they were distributed offline (for example, if the pictures were posted at the entrance or scattered around work), and is ready to testify.

Having collected all the information and witnesses, you need to come to the nearest office of the Investigative Committee to the person on duty (you can also go to the police station, but this way you will lose a couple of days when sending to the committee) and he has a statement about bringing a well-known person or unidentified persons to criminal liability in connection with the commission of an act constituting a crime under Article 137 of the Criminal Code of the Russian Federation ("Violation of the inviolability of private life"). You should know that only a person who has reached the age of 16 can be held liable under this article. The maximum punishment provided for by this article is imprisonment for up to two years.

It is highly likely that the committee will not accept your application immediately and will in every possible way refuse to accept it. But you have to insist. If the duty officer refuses to accept a crime report (although he is obliged to do this regardless of the content, according to the Order of the Ministry of Internal Affairs No. 736 of 08/29/2014), do not waste your nerves, but write a statement at home and send it along with copies of documents or testimony by registered mail with notification … Then you will know for sure the date of receipt of the mail, and the on-duty department on your call indicating the date of receipt and last name is obliged to provide information about the consideration of the application (at least the registration number of the application in the KUSP - Book of records of statements and messages about crimes)

I'll tell you a secret, in practice, only crimes committed in the conditions of obviousness, or when there are simply no other options, are immediately instituted. The statement under article 137 of the Criminal Code of the Russian Federation does not belong to such, and they do not give a premium for it - they are less willing to deal with them. Therefore, you need to wait three days, which are given for a pre-investigation check (they always drag on until ten), after which the material on the refusal to initiate a criminal case is sent for verification to the prosecutor's office. Here you should definitely go to your district prosecutor's office for an appointment. It is desirable either to the district prosecutor or to his deputy for the criminal block. Ideally, if it is a woman. The prosecutor's office needs data on article 137 of the Criminal Code of the Russian Federation: representatives of the department like to report on constitutional rights (for this, a special report is even provided) and punish negligent investigators.

If a case was opened, and even more so if immediately against a specific person, then consider that you have won. At present, a uniform approach to the investigation of such crimes is taking shape in Russia, and more and more often they reach the point of imposing a real punishment on the offender. Believe me, no one will be on the side of your offender. For example, in my practice there was a case when a lawyer, in a conversation with the defendant before the hearing, was outraged by his behavior and scolded, without hesitation, the participants in the process who were present in the corridor.By the way, if a crime is committed by a person living abroad, it is investigated at the location of the victim.

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SITUATION # 3

Money is demanded from you for non-distribution of photos

This is the most understandable and legally regulated situation. It is worth knowing that some people only live off the fact that they regularly receive money from those who are afraid of the spread of "defamatory" photographs. As a rule, such pictures are stolen from accounts or cloud services, so you have to communicate with an unknown person, which somewhat complicates the work of law enforcement agencies.

If you receive messages in which they blackmail you by sending nude photos to your friends or your employer, then you should contact the police (yes, to the nearest police station, and not to the committee). In the application, indicate that the actions of the person contain corpus delicti provided for in Article 163 of the Criminal Code of the Russian Federation ("Extortion"), be sure to attach printouts of messages demanding money, and indeed all correspondence regarding photographs and money (it can also be notarized so that give weight to your information). If you have already transferred or transferred money, do not forget to inform the law enforcement authorities about it as well.

You can also go to court with a complaint about the authorities' inaction if they cannot resolve anything. The police, the prosecutor's office and the committee will do everything possible not to bring the case to the satisfaction of your complaint, since this must be reported to the higher management (up to the General Prosecutor's Office) and this also implies deprivation.

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In any case, you need to keep your cool and be bold. Nobody has the right to do this to us. The first step is to have a conversation: this is exactly what my friend did, convincing the attacker not to send her photo. But if this does not help, it is worth using radical and repressive measures.

photos: master1305 - stock.adobe.com, pigprox - stock.adobe.com, tatchaihot - stock.adobe.com, pvstory - stock.adobe.com

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