The internet has connected the world and made it a global village. People from all walks of life have been able to connect economically, emotionally and psychologically through the internet. It has been beneficial in fostering international relations, conducting business and creating personal relationships between people from different geographical locations. Conversely, despite all these benefits of the internet, it has also been used for illegal activities. Internet-related crimes can threaten not only a person’s security but also a nation’s security as well as their financial stability. Crimes that have been conducted through the internet include identity theft, information warfare, spams, scams, hacking, unwarranted mass surveillance, and copyright infringement and cybersex crimes. Cybersex crimes have included child pornography, sextortion, and child grooming (Halder and Jaishankar 2011). Cybersex crimes use modern telecommunication networks to intentionally harm the victim financially, emotionally and psychologically.
Cybersex crimes, laws and Jurisdictions
The degree to which a cybersex crime is considered illegal greatly varies from one jurisdiction to the other. Not all cybercrimes are considered crimes in all jurisdictions. Some cybercrimes such as identity theft and child pornography are considered illegal in most jurisdictions. However, some cybercrimes are treated as serious offenses in some jurisdictions while in some jurisdictions they are treated as mere misdemeanors. For example, in some African countries such as Tanzania, it is illegal to send obscene or partially naked photos via social media platforms, and this offense can lead to jail terms. However, in some countries like in the USA, sending partially naked photos on social media platform is treated as freedom of expression.
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All in all, most cybersex crimes particularly child pornography, are treated as serious offenses, and the perpetrators are typically punishable by law regardless of the country or jurisdiction. For example, in the USA, using computers to coax minors into illicit activities including sexual intercourse attracts ramifications from the law. Cybersex crimes are punished harshly to discourage the growing trend. In the country, Connecticut was the first state to pass a statute that identifies harassing someone using a computer as a criminal offense. This trend has been followed by most states including Michigan, South Carolina, Arizona and Virginia (legislative information system of Virginia, 2008).
Example of Cybersex Crime in the USA
The case “the United States v. Neil Scott Kramer, 631 F.3d 900 (8 th Cir. 2011) was heard in the United States Court of Appeals for the Eighth Circuit. The case was heard to determine whether a cell phone can be treated as a computer in the ruling of the case. The defendant, Neil Scott Kramer, had used a cell phone to communicate with a minor and coax her to meet him and engage in sexual conduct. During the meeting, Kramer- an adult, gave the 15-year old female victim illegal narcotics and engaged in sexual intercourse with her. The prosecution argued that the defendant had used a computer (his cellphone) to commit a cybersex crime of coercing the minor into having sex with him (United States v. Kramer brief, 2011).
According to the United States Court of Appeals for the Eighth Circuit, a cellphone constitutes a computer. The court cited Steve Wozniak, Apples co-founder, in its ruling by stating that “Everything has a computer in it nowadays.” The court stated that everything that can do arithmetic, has storage and logic functions is a computer and, therefore, the respondent’s cell phone, in this case, is a computer and it was used to conduct a cybercrime. This ruling was instrumental in ensuring that offenders who use cell phones to engage in criminal activities against minors are punished harshly (United States v. Kramer brief, 2011).
Global Impact of Cybersex Crimes
Most cybercrimes are aimed at a financial gain for the criminal and devastation for the victim. In 2012, $1.5 million was lost through online fraud in the USA alone. Globally, it is estimated that $445 billion is lost yearly through cybercrime. By 2019, this value is expected to rise to $2.1 trillion (Reuters, 2014). According to reports provided by the federal bureau of investigation (FBI), cybersex criminals (particularly extortionists) attack websites and networks for either individuals or corporates and demand for payment. The criminals demand payment for their silence as well as protection of the obscene information from reaching the public. The FBI clarifies that only a certain percentage of victims come forth to report the instances of sextortion since most of them are afraid of the information reaching the public domain (Lepofsky, 2011).
Even though financial loss is the most quantitative effect of cybercrime, some qualitative impacts are also felt such as psychological and emotional torment. The victims are subjected to blackmail which affects them emotionally and psychologically. If the obscene is released to the public, the victim is expected to live with that shame and ridicule for a long time. This affects an individual both psychologically and emotionally. It leads to withdrawal and stress disorders including depression.
References
Halder, D. And Jaishankar K. (2011). Cyber Crime and the Victimization of Women: Laws, Rights and Regulations . Hershey, PA, USA: IGI Global
Legislative Information System of Virginia, (2008). Section 18.2-152.7.1. Code of Virginia
Lepofsky, R. (2011). Cyber Extortion by Denial-Of-Service Attack. PDF
Reuters Staff. (2014). Cybercrime Costs Global Economy $445 Billion a Year: Report. Business News . Retrieved on July 28, 2018 from www.reuters.com/article/
United States V. Kramer, 631 F.3d 900 (8 th Cir. 2011) Brief
