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The Story Of Revenge Porn

Personal space can be defined as region or a surrounding of a person which they consider as psychologically theirs. And from this we get to know that invading into someone’s privacy is the new normal, where people crave for exhibition of other’s personal space. Revenge porn is not something we’re not aware of, it’s a tool which is used for threating, or using people for their egoistic desires. Irrespective of your gender, you may fall in the trap and become a prey. Intimacy has become a way to satisfy love and acceptance.

This paper will discuss about the definition of revenge porn and its difference from pornography. We will discuss about the history and causes of the crime. It also deals with the impact on the victim and the punishments given under law, which is later followed by a case law.

Introduction
The distribution of sexually explicit images or videos of people without their consent is understood as revenge porn. The sexually explicit images or video made by a partner in an intimate relationship with the knowledge and consent of the topic at the time, or it should be made without their knowledge. Not infrequently the victim (male or female) has been subjected to sexual violence, often facilitated by narcotics (rape drugs) which also cause a reduced sense of pain, involvement within the dissolved sexual act, dissociative effects and amnesia.

The term "revenge porn" generally refers to the uploading of this sexually explicit material to humiliate and intimidate the topic, who has broken off the connection. The term is additionally often misused to explain non 'revenge' scenarios, including non-consensual pornography distributed by hackers or by individuals seeking profit or notoriety. the photographs are usually amid sufficient information to spot the pictured individual, typically names and locations, and might include risqué announcements, links to social media profiles, home addresses and workplaces.

Victims, whose images expose them to workplace discrimination, cyber-stalking or physical attack, can have their lives ruined as a result. Given the practice by some companies of trying to find potential sources of bad publicity, many victims of revenge porn have lost their jobs. Some academics argue that the term "revenge porn" shouldn't be used, and instead that it should be cited as "image-based regulatory offence.

Difference between pornography and revenge porn

Pornography (often shortened to porn) is that the portrayal of sexual subject material for the exclusive purpose of arousal. Pornography is also presented during a type of media, including magazines, animation, writing, film, video, and video games. The term doesn't include live exhibitions like sex shows and striptease. the first subjects of present-day pornographic depictions are pornographic models, who pose for still photographs, and pornographic actors who engage in filmed sex acts.

Revenge porn has been defined by the govt as “the sharing of personal, sexual materials, either photos or videos, of another person without their consent and with the aim of causing embarrassment or distress.” Often there'll be additional personal information included with the pictures or videos that are published. this mix can leave an individual feeling vulnerable and will possibly put them at risk. At minimum, it's psychologically damaging to the victim.

Causes of revenge porn

Disclosure of sexual explicit images or videos is either done with the motive to blackmail or to humiliate your former partner. Though both men and women can be a victim of this, but in most of the cases women who con-sensually fall in the trap. They send their nude images and videos to the one they love, but this always has tragic ending, the person can upload those images without the consent of the girl after they dumped her.

The main intention here is to defame her. In psychological way, we can say that the person might be thinking that by doing this he’s / she’s punishing their ex-lover for breaking up. In some cases, where a person posts the intimate images just to show off. It can sound weird, but now a days recording your sex tape is common whether it is done with or without the consent of their partner.

Later, that tape is released on some adult site to gain attention and further it becomes a pleasure to them as they consider themselves cool by doing this. The main aim here is to attract and impress people around them, hence in some ways we can call them NARCISSIST.

There was a time where celebrities were the victim of revenge porn because one can blackmail them easily in return of money. But it is observed in the recent years that this crime can collapse the lives of common women too. Basically, the girl’s intimate picture is captured without their consent or they are morphed in order to threaten the victim in a very brutal way. As a result, she will be fulfilling all the demands to stop him from posting them.

Victim’s view
As most of us are aware of the fact that the sexual content shown in adult or porn videos are something that is scripted and is not real. And many people eagerly search for something that is more realistic and natural. And how would it be felt when you realise that your intimate pictures or videos are being used to satisfy other’s pleasure and that also without your knowledge? Or, when your raw naked body is exposed to the whole world without your consent? The outmost result of sharing personal moments is being revenged by that person for his bruised ego.

Humiliation, embarrassment, anxiety hits the victim even harder after the psychological trauma, depression and grief, when she comes to know that she is being bullied and shamed all over the internet. Later, she suffers from post-traumatic stress disorder. We live in a secular country with a judgemental society, it’s very difficult for the victim to get over the trauma, guilt, silence and gather all her courage to fight back.

The main thing that is needed during the recovery time is proper guidance. According to the society, women who send their intimate images to someone else are labelled as scarlet women, and thinking of the society victim will not be able to face or justify anything because at that point they are shamed as a low life slut.

The toughest part for anyone is when they don’t get support from their family. All the negativity and revolting reaction of the members towards the incident, makes the victim think about ending her life. The suppression and shame force the victim to end their social life and drop out of school/colleges or quit their jobs and lock themselves up as they are scared to face the society.

There are several laws made for the victim to get justice but the process is difficult. She has to explain the whole situation to every authority she meets and the worst she can face is that she’s being judged and criticized by them also. And the process of removing the intimate content takes a very long time as it has not only been seen but also shared via various sites and sources.

Even if the accused gets the deserved punishment, it’s difficult for the victim to get her respect, freedom, dignity back. She won’t recover from her scars until and unless she stands for herself, fights back and decide to start a new life.

Punishments

Revenge pornography is considered as virtual rape, it can be punished with both imprisonment and fine. The United States Government strictly prohibits this crime and has several laws implemented for it. But that’s not the case in India, there are no such laws for revenge porn. The judgements made in India are given under various acts and sections.

The culprit is punished by Indian Penal Code, 1860 under the sections:

  • Section 500: defaming the concerned persons
  • Section 504: intentional insult with intent to provoke breach of the peace
  • Section 506: punishment for criminal intimidation
  • Section 509: word, gesture or act intended to insult the modesty of a woman
  • Section 354: outraging the modesty of a woman
  • Section 354A: sexual harassment and punishment for sexual harassment
  • Section 354C: voyeurism
  • Section 354D: stalking

The culprit is punished by Information Technology Act under the sections:

  • Section 66E: Intentionally capturing and publishing the private area of a person or violating the privacy of a person
  • Section 67: Transmitting the private media in the electronic form, any material which is lascivious or appeals to the prurient interest or tends to deprave and corrupt
  • Section 67A: Stipulated punishment for publishing and transmitting of material containing sexually explicit acts etc., in electronic form
  • Section 72: breach of confidentiality and privacy

Case study
In March of 2018, within the case of State of province v Animesh Boxi, which is widely considered the first-ever, the Sessions court in Tamluk, state, sentenced a person to 5 years imprisonment together with a fine of Rs. 9,000, for uploading private and objectionable pictures of a lady on the web without her consent. The accused was convicted under Sections 354, 354A, 354C and 509 of the Indian legal code together with Sections 66E, 66C, 67 and 67A of the knowledge Technology Act.

What was interesting about the judgment was that together with the aforementioned fine and imprisonment, the courts even directed the regime to treat the victim as a rape survivor and to produce her appropriate compensation.

The accused was in an intimate relationship with the victim before the commission of the offence and had obtained the said intimate pictures from the victim under the promise of marriage. beyond the victim gap the link, the accused uploaded the photographs and videos onto pornographic sites with both her and her father’s names. Cases like this became common in both India and round the world in what are termed as ‘Revenge Porn’ cases.

Before analysing the system in situ to tackle the said issue it's pertinent to grasp what constitutes as revenge porn. Hence, this text begins by defining the term, followed by an analysis of the present system in situ to deal with the said issue and at last concludes with a critical investigate the identical to portray the inherent contradiction within the system while addressed such instances of revenge porn.

Conclusion
The venom of this crime is ruthless and can destroy the lives of many people. In India, there should be specified laws for this crime and then according to them severe punishment should be given to the criminal. The society needs to change their view or perspective towards the victim and create an environment which supports the victim to fight back against this crime. The ultimate control of revenge porn circulation is in the hands of porn viewers.

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