The rise of digital intimacy has brought with it a sinister byproduct: Sextortion. This occurs when a perpetrator threatens to release intimate photos or videos of a victim unless they provide money, sexual favors, or further explicit content.
In the Philippines, this is not just a "private matter"—it is a serious criminal offense. Here is a comprehensive guide to the laws that protect you and the steps you can take to seek justice.
I. Applicable Philippine Laws
Sextortion is a multi-faceted crime. Depending on the specifics of the case, a perpetrator can be charged under several statutes:
Republic Act No. 10175 (Cybercrime Prevention Act of 2012): This is the primary law used to prosecute sextortion. It covers Cyber Libel and Computer-related Identity Theft. If the perpetrator gained access to your files through hacking, they are liable for illegal access.
Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act of 2009): This law prohibits the recording, reproducing, or distributing of photos or videos of a person’s sexual parts or sexual activities without their consent, even if the person originally consented to the recording.
The Revised Penal Code (RPC):
Article 282 (Grave Threats): Applicable if the perpetrator threatens to release the video to cause harm or extort money.
Article 286 (Grave Coercions): Applicable if the victim is forced to do something against their will (like sending money) through violence or intimidation.
Article 335-A (Robbery with Violence or Intimidation): If money is successfully extorted through threats.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act): If the perpetrator is a current or former partner, sextortion is classified as Psychological Violence. This law allows for the issuance of a Protection Order (BPO, TPO, or PPO).
Republic Act No. 11313 (Safe Spaces Act / Bawal Bastos Law): Covers gender-based online sexual harassment, including the uploading or sharing of any form of media that contains photos, voice, or video with sexual content without consent.
II. Immediate Steps to Take
If you are currently being threatened, your priority is your safety and the preservation of evidence.
- Do Not Pay or Comply: Giving in to demands rarely stops the extortion; it often leads to higher demands because the perpetrator knows you are willing to pay.
- Stop All Communication: Deactivate or set your social media profiles to private, but do not delete the accounts yet, as they contain vital evidence.
- Preserve Evidence: * Take screenshots of the threats, the perpetrator’s profile (including the URL), and any messages or emails.
- Do not edit or crop the screenshots.
- Note the date and time of every interaction.
III. How to File a Complaint
In the Philippines, there are three main agencies equipped to handle cyber-related crimes:
1. PNP Anti-Cybercrime Group (PNP-ACG)
The PNP-ACG is the frontline unit for digital crimes.
- Where to go: Visit the PNP-ACG office at Camp Crame, Quezon City, or any Regional Anti-Cybercrime Unit (RACU).
- Online Reporting: You can report via their website or official social media pages.
2. NBI Cybercrime Division (NBI-CCD)
The NBI has a specialized division for tracking digital offenders.
- Where to go: NBI Head Office on Taft Avenue, Manila, or any NBI Regional/District Office.
- Process: An agent will interview you, review your evidence, and may initiate an entrapment operation if the extortion is ongoing.
3. Department of Justice (DOJ) Office of Cybercrime
You can file a formal complaint through the DOJ for preliminary investigation.
IV. Summary of Penalties
The penalties for these crimes are severe, designed to deter digital predators:
| Law | Potential Penalty |
|---|---|
| RA 9995 (Voyeurism) | Imprisonment of 3 to 7 years and fines up to ₱500,000. |
| RA 10175 (Cybercrime) | Penalties are generally one degree higher than those in the RPC. |
| RA 11313 (Safe Spaces) | Fines up to ₱500,000 and imprisonment up to 6 years. |
Important Note: Under Philippine law, the "truth" of the video or the fact that you consented to the recording originally does not give the perpetrator the right to share it. Your right to privacy is absolute regarding intimate content.
V. Support Systems
Victims of sextortion often experience severe trauma. You can seek additional help from:
- PCW (Philippine Commission on Women): For guidance on RA 9262 cases.
- NGOs: Organizations like Lunas Collective provide chat-based support for victims of gender-based violence.
Would you like me to draft a sample demand letter or a formal "Cease and Desist" message you can use to document your refusal to comply with the perpetrator?