Sextbullying (cyberbullying, using
sexting images as a weapon): When young people target their peers with digital
sexual attacks, they do it for one of two reasons – classic sexual exploitation
(either through producing, viewing or sharing sexual images or through actual
sexual acts) or to damage the reputation of someone they want to hurt. When
they do it digitally to hurt someone, rather than for their own sexual
titillation, it is a form of “cyberbullying”.
They may take a picture of another
minor while in the locker room or while changing at a slumber party. They can
hold a cell phone, digital camera of video camera over the top of a dressing
room divider to shoot their victim undressed. They can shoot “up skirt” images
by holding the video camera in a bag aimed upwards while standing near their
victim. They can secretly (or openly) record their own sexual acts with this
victim. They can point their webcams in a dorm room, after leaving to “give
their roommate some privacy.” Or they can get hold of sexual or nude sexts that
the victim took voluntarily and spread them to everyone in the offline or
online community.
While the major thrust is
destroying the reputation of their victim or getting them into trouble with
parents or school authorities, the added risk is that these same materials make
their way into the clutches of traditional sexual predators. They may also
qualify as “child pornography” and everyone along the chain of production,
distribution and possession can face serious felony charges and end up as
registered sex offenders (in the US).
Whether the image was taken
consensually by the minor and voluntarily shared or posted or taken secretly
and used to blackmail them, the images are illegal and carry serious penalties
for use or misuse, including for moderation staff and the network itself, if
not handled carefully within the safe harbor laws of the applicable
jurisdiction.
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Note that Parry Aftab does not respond to legal questions and cannot address specific issues about reported abuse.She cannot be retained as legal counsel online, and any prospective client must sign a retainer agreement before becoming a legal client of Ms. Aftab. Any legal discussions are educational and informational only and anything submitted may be made public on this blog.
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