Violation of Sexual Privacy (Art. 191a of the Penal Code)
In today’s world, where the internet has become an integral part of daily life, the violation of sexual privacy on the internet has become a serious challenge for criminal law. Due to the ease of communication, anonymity, and the global reach of the internet, such crimes can affect victims of all ages and from different parts of the world. According to Polish law, this behavior may constitute a criminal offense under Article 191a of the Penal Code, which addresses the violation of sexual privacy.
What is the violation of sexual privacy on the Internet?
The violation of sexual privacy on the internet encompasses any actions aimed at coercing, enabling, or portraying sexual acts that are unwanted and against the will of the other person. This can take various forms related to the use of the internet or other communication technologies. The most common instances of online sexual privacy violations include:
- Sexual Blackmail – Individuals who use the internet to blackmail others, threatening to expose intimate photos, videos, or information obtained without consent. An example could be spreading nude photos of someone to force sexual actions.
- Sexual Cyberstalking – Sending unwanted messages, sexually explicit images, or threats designed to invade privacy or intimidate the person. These actions may occur on both social media platforms and private messages.
- Coerced Sharing of Sexual Content – People who force others, through manipulation or threats, to send photos, videos, or other sexual materials.
- Sexual Violence in Online Games – In online games or social networking applications, individuals may exploit game mechanics to coerce others into sexual behaviors or experience privacy violations through vulgar language, threats, or inappropriate proposals.
Legal Provisions
The violation of sexual privacy on the internet is subject to criminal liability under the provisions of Article 191a of the Penal Code, which states:
Whoever, against the will of another person, violates their sexual privacy shall be subject to imprisonment for a period ranging from 3 months to 5 years.”
These provisions apply to situations where a person is forced into sexual acts against their will. In the context of the internet, a violation of sexual privacy can occur through online communication, such as chats, video calls, sending photos or videos, as well as through actions on social media platforms or applications.
What online behaviors may constitute a violation of sexual privacy?
In the online space, the violation of sexual privacy can take various forms. Here are some of them:
- Disseminating Pornographic Material without Consent – According to the law, sharing photos or videos of a person without their consent may constitute a violation of their sexual privacy. This also applies to situations where a person is blackmailed into sharing such materials.
- Sexting and Coerced Sexting – When a person is forced to send sexually explicit photos or messages, particularly as a result of blackmail, threats, or manipulation, their privacy and sexual privacy are violated.
- Publicizing Intimate Information without Consent – A person who disseminates intimate information or photos may be held liable, especially if this information was obtained through private conversations or malicious hacking of an account.
- Exploiting Applications and Online Games – Applications, social media platforms, or games can be used to violate a person’s sexual privacy, e.g., through aggressive seduction, harassment, or manipulation to force the victim into sexual acts.
Legal Consequences in the Event of a Violation of Sexual Privacy on the Internet
According to the law, a person who violates sexual privacy on the internet may be punished with:
- Imprisonment – Under Article 191a of the Penal Code, a person who violates another person’s sexual privacy on the internet may face imprisonment for a period ranging from 3 months to 5 years. In exceptional circumstances (e.g., blackmail, damaging the victim’s reputation), the penalty may be higher.
- Civil Liability – A person who violates sexual privacy on the internet may face civil liability and be required to compensate the harm, both financially (e.g., damages) and non-materially (e.g., compensation for pain and suffering).
- Account Blocking and Banning on Online Platforms – In the event of a violation of sexual privacy on the internet, the perpetrator may be blocked by social media platforms or applications, which can impact their reputation and ability to use these services.
How to Protect Yourself from Violation of Sexual Privacy on the Internet?
To prevent the violation of sexual privacy on the internet, it is important to follow a few rules:
- Respect Privacy – Be cautious when sharing any intimate information or photos on the internet. Do not share them if you are not sure about the trustworthiness of the other person.
- Report Abuses – If you receive unwanted messages or sexually explicit content, report it immediately to the appropriate authorities, as well as to the administrators of social media platforms or applications.
- Privacy Settings – Ensure that your privacy settings on social media profiles are appropriate to limit access to your information only to trusted individuals.
Summary
The violation of sexual privacy on the internet is a serious crime that can cause immense harm to the victims. Article 191a of the Penal Code provides protection for individuals’ sexual privacy and personal privacy, and any form of blackmail, violence, or exploitation of technology for such purposes is severely punished. The modern digital space presents new challenges, but it also allows for reporting such crimes and seeking protection from such actions. It is crucial that we all remain aware of the dangers and know how to effectively defend our rights in the online world.
Status as of: April 19, 2022
Cyberlaw by Judyta 