On This Page
- What are Cyber Crimes?
- This isn’t Sexual Harassment Is It?
- How Can You Protect Yourself From Online Sexual Harassment?
- What is Online Predatory Behavior?
- What is the Difference Between Cyberbullying and Digital Sexual Harassment?
- Cyber Harassment
- Cyberbullying by Children
- What Legal Actions Has Pennsylvania Taken Regarding Cyberbullying and Digital Sexual Harassment?
- Can Perpetrators of Digital Sexual Harassment or Cyberbullying Be Held Liable in Civil Court?
- What Are the Laws Against These Types of Crimes?
- What Is the Age of Consent in Pennsylvania?
- What Is Megan’s Law?
- What Can You Do Against Online Predators and Cyber Sexual Harassment?
Latest News
What are Cyber Crimes?
The internet has brought us many amazing things and done wonders in making the world feel smaller. Whether you’re getting reacquainted with old high school friends, finding long-lost family members, or meeting new friends with new hobbies, the internet makes it so much easier to socialize.
For all of the good, there is some bad. Because of how easy it is to access the internet, whether it be from the phone in your pocket or the family computer in your living room, it is almost impossible not to be influenced by the internet on a daily basis.
When you hear about cyber crimes, you probably think about things like fraud, theft of intellectual property, identity theft, invasion of privacy, and the like. But in this modern age of constant internet exposure, how often do you think about nefarious characters preying on you or your children and things like sexual harassment on the internet?
This isn’t Sexual Harassment Is It?
When thinking about sexual harassment, we often think of it happening in person. Sexual harassment includes things like unwanted sexual advances, requests for sexual favors, and verbal or physical harassment of a sexual nature.
It is important to remember that sexual harassment can be physical, but it can also never cross over to physical touch. Sexual comments can count as sexual harassment.
But what about when we’re online? What counts as sexual harassment when we are on our phones and computers?
Here are a few examples of cyber sexual harassment as defined by the National Sexual Violence Resource Center:
- Sending someone unwelcome communication about sex.
- Sending someone unwelcome hateful comments based on sex, gender identity, or sexual orientation.
- Sending unwanted requests for nude photos or videos to anyone.
- Someone recording themselves doing sexual acts without the consent of everyone involved and sharing it on the internet.
- Sharing private images or videos without the consent of all who appear in the recorded materials. This can include “revenge porn,” where a former partner shares explicit materials without the consent of their former partner.
- Sharing pornography in spaces where not everyone has consented to seeing such materials.
- Grooming children to enable their sexual abuse both online and offline.
How Can You Protect Yourself From Online Sexual Harassment?
It is unfortunate that in this day and age, we still have to take extra precautions when doing something as simple as logging onto social media. Did you know that internet providers and social media platforms are not liable for the content that third parties use their platforms to post. This means that even if you have solid proof that someone used a certain platform to harass you, that platform isn’t under a legal obligation to protect you.
- If the platforms we use aren’t going to protect us, then what are some things we can do to protect ourselves?
- Here are a few measures you can take in an attempt to stay safe while online:
- Block people who send you unwanted sexual content.
- Report the harassment to the social media platform or the website where the harassment occurred.
- If someone posts images of you on social media or another website without your consent, you can request that the images be removed.
- If someone is threatening you with physical harm, if you don’t engage in sexual activities, you may want to report the threats to law enforcement.
To further protect yourself, you should also take screen captures of all pertinent evidence. If you do not know how to take screen captures using your phone, you can easily use a search engine to find out how to do so with your particular phone model.
If you are using Windows you can press the Windows key + Print Screen key to take a screen capture on your PC.
If you are using a Mac, you can press the Shift key + Command Key + the 3 key to take a screen capture.
This evidence can be useful for criminal legal action as well as civil legal action.
What is Online Predatory Behavior?
Online predatory behavior is the act of using the internet to seek out vulnerable people to sexually exploit or abuse. While the victims of online predators tend to be children and teens, people of any age, race, gender, and sexual orientation can be the victims of online predators.
Predators can use social media, chatrooms, online games, and message boards to seek out their victims. The predator may push their victim to send explicit content, interact in a sexual manner, or even meet in person, where the abuse can continue and often worsen.
Some signs of an online predator may include:
- Using a fake account with a fake name and pictures.
- Lying about their age, often saying they are the same age as their intended victim.
- Requesting private chats where they seek out more personal information often makes their victim feel special.
What is the Difference Between Cyberbullying and Digital Sexual Harassment?
Cyberbullying is a broader term that includes various forms of online harassment, threats, humiliation, and embarrassment.
The intent is often to harm or annoy the victim without necessarily having a sexual motivation. Cyberbullying can cause severe distress for victims, particularly children, whose social lives are heavily influenced by social media and other online platforms. Examples of cyberbullying may include, but are not limited to:
- Sending threats or cruel messages through email, text messages, or instant messaging apps.
- Sending embarrassing or humiliating information about someone through electronic devices or online messaging.
- Creating a fake profile or website to ridicule another.
- Impersonating an individual to send rude or inappropriate messages to others.
- Doxing an individual, which involves publicly and maliciously revealing their personal information or location.
- Posting rumors or hate speech.
- Sending computer viruses to others.
However, cyberbullying can turn into digital sexual harassment if the messages are of a sexual nature or intended to demean, threaten, or harm the victim based on their gender, sexuality, or sexual activity. Both forms of harassment can have severe psychological and social consequences for victims, including anxiety, depression, and difficulty functioning in school or social settings.
Cyber Harassment
Repeatedly contacting someone anonymously, at inconvenient hours, or in a threatening manner through digital means is a third-degree misdemeanor. This crime is punishable by up to 12 months in jail and a fine of up to $2,500. Additionally, the unlawful dissemination of intimate images is a crime. Sharing “revenge porn,” sexts, upskirt images, hidden camera videos, or other images of a nude adult without their consent is a second-degree misdemeanor, punishable by up to 2 years in prison and a $5,000 fine. Sharing these types of photos or videos of a minor is considered the distribution of child porn, which is a 1st-degree misdemeanor and could carry a maximum of five years in prison and a $10,000 fine.
Cyberbullying by Children
Many incidents of cyberbullying are perpetrated by minors against other minors. Repeatedly using electronic means to harass or alarm a child by making disparaging statements about their physical characteristics, sexuality, or mental health is a third-degree misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Juveniles can face charges for cyberbullying, although convicted minors may be able to complete a diversionary program to expunge the conviction from their record.
Pennsylvania schools are required by law to have anti-bullying policies that include disciplinary measures for cyberbullying.
Parents must be notified whenever their child is accused of cyberbullying. Consequences for students can consist of loss of school privileges, suspension, or expulsion.
What Legal Actions Has Pennsylvania Taken Regarding Cyberbullying and Digital Sexual Harassment?
As adults and children are spending more time in online spaces, state legislatures have had to grapple with the realities of harmful incidents that occur digitally. Online stalking, bullying, harassment, and sexual abuse can be just as traumatizing and damaging as physical incidents. This type of harassment can cause immense harm to a victim’s mental health and potentially wide-ranging damage to their reputation. Unfortunately, it has historically been challenging for victims to hold cyber abusers accountable for their actions.
Recent changes in Pennsylvania law have addressed the rise of digital sexual harassment and cyberbullying through a combination of legal frameworks and educational programs. Cyberbullying and online harassment are now defined as crimes, and perpetrators can be held criminally and civilly responsible for their harmful acts. However, these cases can be complex, and it may be vital to seek the assistance of a Pennsylvania sexual abuse lawyer who can uphold your rights and help you seek justice for the harm you’ve suffered.
Can Perpetrators of Digital Sexual Harassment or Cyberbullying Be Held Liable in Civil Court?
While criminal charges and school discipline can punish cyberbullies, civil lawsuits allow victims to recover monetary compensation for the harm they’ve suffered. Victims or their families may be entitled to recover economic and non-economic damages from cyber bullies, including compensation for:
- Pain and suffering damages for the victim’s mental anguish.
- Reputation repair expenses, such as hiring a PR firm to restore the victim’s image.
- Therapy costs to treat emotional distress caused by the harassment.
If the cyberbullying involved spreading false and damaging statements about the victim, they may have grounds to sue for defamation. Victims may also be able to sue for intentional infliction of emotional distress if the cyberbullying was extreme, outrageous, and caused severe mental anguish. However, this is a high legal bar to meet. Consulting with a knowledgeable attorney is critical to building the strongest possible civil case.
What Are the Laws Against These Types of Crimes?
Both the state of Pennsylvania and the federal government have implemented laws meant to crack down on these types of cyber crimes. When the acts involve adults, one of the key factors is whether or not the person on the receiving end of the cyber communication consented to receive it or if anyone involved in the photos or videos consented to be filmed or to have those images or videos shared with others. Two consenting adults are allowed to engage in these behaviors. But if one or the other doesn’t consent, it may be a crime.
However, if a minor is involved, there are sharp differences. See below for more information.
The consequences vary based on several factors, including whether or not this was a first conviction and if minors were involved. In general, being convicted of an online sex crime in Pennsylvania can lead to jail time, fines that can reach thousands of dollars, and the possibility of the convicted person having to register as a sex offender.
What Is the Age of Consent in Pennsylvania?
The age of consent is a legal term that specifies when someone is old enough to give their consent for sexual activity without potentially engaging in or involving someone else in a crime. As noted above, adults have the right to consent to sexual activity. But those below the age of consent don’t have those same rights, meaning even if they agree, for example, to pose for a nude photo, it’s still illegal because they weren’t of age.
In Pennsylvania:
- Children 12 and under cannot consent to any form of sexual activity.
- Children 13-15 cannot consent to sexual activity with anyone four or more years older than they are.
- People 16 and older can legally consent to sexual activity. However, if there is a power dynamic such as the adult being a teacher, coach, counselor, camp volunteer or any volunteer within a child serving organization there cannot be consent.
What Is Megan’s Law?
Megan’s Law was named after a child who was lured into a home by a sexual offender under the guise of seeing a puppy. The offender, who was previously twice convicted of pedophilia, then raped and murdered her. Megan’s grieving parents noted that if they’d known the new neighbor had that kind of criminal background, they wouldn’t have allowed her to roam freely.
Subsequently, laws in her name became enacted in numerous states, including Pennsylvania, that work to accomplish the following:
- Identify sexual offenders who are predators (actively seek out victims and repeat the behavior) and allow courts to sentence them to be registrants on sexual offender registries and through police departments, sometimes for the rest of their lives.
- Notify local communities when registered offenders plan to move into their neighborhoods.
- A later amendment allowed all registered sexual offender information to be available publicly on the internet.
If you have a minor in your life that you worry has been subjected to online sexual abuse or cybersex crimes, contact us as soon as possible.
What Can You Do Against Online Predators and Cyber Sexual Harassment?
Victims of online predators and cyber sexual harassment can often feel powerless. Online abusers use the veil of anonymity to prey on their victims or to harass someone, leaving their victims feeling afraid and alone.
If you are the victim of online harassment or predatory behavior, the first thing you should do is collect evidence, such as user names, photos, and screencaps of the illicit actions.
Then, you should report the interaction to local law enforcement, giving them all of the evidence you have collected.
Most importantly, you should contact the experienced lawyers at Andreozzi + Foote to schedule your free, confidential consultation.
Our team is well-versed regarding online sexual harassment and predators. By Calling (866) 311-8640, you can put the right foot forward in protecting yourself and your loved ones and bringing your abuser to justice!
