In the digital age, the intersection of technology and gender-based violence has led to the rise of "sextortion" and various forms of online sexual harassment. In the Philippines, victims are protected by a robust legal framework, primarily the Safe Spaces Act (Republic Act No. 11313) and the Revised Penal Code, supplemented by the Cybercrime Prevention Act (R.A. 10175).
1. Understanding the Offenses
A. Sextortion
Sextortion is not defined by a single law but is prosecuted under a combination of statutes. It typically involves a perpetrator threatening to release private, sexually explicit images or videos of a victim unless they provide money, sexual favors, or further explicit content.
- Robbery with Violence or Intimidation (Art. 294, RPC): If the perpetrator demands money under threat of exposing images.
- Grave Coercion (Art. 286, RPC): If the perpetrator compels the victim to do something against their will (e.g., send more photos).
- Cybercrime Prevention Act (R.A. 10175): Since the medium is digital, the penalty is increased by one degree.
B. The Safe Spaces Act (Bawal Bastos Law)
R.A. 11313 covers "Gender-Based Online Sexual Harassment" (GBOSH). This includes:
- Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments online.
- Cyberstalking and incessant messaging.
- Uploading or sharing of any form of media that contains photos, voice, or video with sexual content without the victim’s consent.
- Unauthorized recording and sharing of any of the victim’s photos, videos, or any information online.
2. Immediate Steps for Victims (Evidence Gathering)
Before filing a formal complaint, the integrity of digital evidence is paramount. Philippine courts follow the Rules on Electronic Evidence.
- Do Not Delete: It is a natural instinct to delete the messages or deactivate accounts, but this destroys the evidence.
- Screenshots: Capture everything—the perpetrator's profile URL, the messages, the date and timestamps, and the specific threats made.
- Preserve the Metadata: If possible, save the original files. Do not edit or crop screenshots.
- Cease Communication: Do not negotiate or pay the extortionist. Paying often leads to further demands.
3. Where to File the Complaint
Victims can approach several specialized agencies:
| Agency | Role |
|---|---|
| PNP Anti-Cybercrime Group (ACG) | For technical investigation, digital forensics, and entrapment operations. |
| NBI Cybercrime Division | Provides similar investigative support and can track IP addresses and identities. |
| Prosecutor’s Office | Where the formal "Complaint-Affidavit" is filed to initiate a preliminary investigation. |
| Women and Children Protection Desks (WCPD) | Available in local police stations for immediate assistance and protection orders. |
4. The Legal Process
Step 1: Filing the Complaint-Affidavit
The victim (complainant) submits a sworn statement detailing the incidents, supported by the gathered evidence (Annexes). This is filed in the Office of the City or Provincial Prosecutor where the victim resides or where the crime was committed.
Step 2: Preliminary Investigation
The Prosecutor issues a subpoena to the respondent (the perpetrator). The respondent has the chance to submit a Counter-Affidavit. The Prosecutor then determines if there is Probable Cause to bring the case to court.
Step 3: Filing of Information in Court
If probable cause is found, the Prosecutor files a formal charge (Information) in the proper Regional Trial Court (RTC). A warrant of arrest is typically issued at this stage.
Step 4: Trial
The prosecution presents evidence to prove guilt beyond reasonable doubt. Under the Safe Spaces Act, the court can also issue protection orders to prevent the perpetrator from contacting the victim.
5. Penalties and Liabilities
- Gender-Based Online Sexual Harassment: Punishable by prision correccional in its medium period (6 months and 1 day to 2 years and 4 months) or a fine of ₱100,000 to ₱500,000, or both.
- Sextortion (as Robbery/Coercion + Cybercrime): Penalties can range from 6 to 12 years of imprisonment depending on the gravity of the threat and the amount involved.
6. Privacy and Protection of the Victim
Under Philippine law, victims of sexual crimes are entitled to confidentiality.
- The identity of the victim is kept out of public records.
- The Safe Spaces Act mandates that the privacy of the victim be protected at all stages of the investigation and trial.
- Victims may also seek assistance from the Department of Social Welfare and Development (DSWD) for psychological counseling.