What is revenge porn?
Revenge porn or revenge porn Revenge porn has been a criminal offense in Spain since 2015. It is regulated under Article 197.7 of the Spanish Criminal Code and is punishable by imprisonment from 3 months to 1 year, or a fine.
What does the crime of revenge porn consist of?
The crime of revenge porn consists of sharing private sexual material without the victim’s consent, with the intent to cause harm, whether on social media, through instant messaging services, or any other medium where information is shared.
Revenge porn does not consist of obtaining such material; the crime occurs when intimate images previously obtained with the victim’s consent are disseminated without their consent, severely affecting their privacy. Revenge porn does not require the material to be sexual in nature; it can include other content, but the key element is that it gravely affects the victim’s privacy. seriously to their privacy.
The Spanish Supreme Court has clarified that nudity is not necessary; full nudity is not required to constitute an invasion of a person’s privacy.
When a person is threatened with the dissemination of such images or the disclosure of intimate content, this may also constitute extortion, sexual exploitation, threats, or coercion, in addition to revenge porn.
Since 2022, anyone who receives such images and forwards them to another person is also committing a criminal offense.
When is revenge porn considered an aggravated offense?
The penalties for revenge porn are increased in the following cases:
- When the victim is a current or former partner, even if they do not live together.
- When the victim is a minor or a person with a disability.
- When the offense is committed for financial gain.
How to act if you are a victim of revenge porn
If you are a victim of revenge porn, the most important step is to preserve evidence: take screenshots showing the content, the phone number from which it was sent, and the date.
Also, verify that the phone number corresponds to the person being reported, whenever possible. It is advisable to keep all files on your phone or computer. Immediately afterward, you should file a complaint at the local police station or at the duty court of your place of residence.
It is important to carry out these actions assisted by a lawyer, who can advise you on the best way to proceed and ensure that the complaint includes all necessary information to describe the criminal acts and identify, or be able to identify, the perpetrator.
If the victim is a minor, they may file the complaint directly without being accompanied by an adult, either at the police station or at the duty court. The Law on the Protection of Children and Adolescents safeguards minors in this and many other matters.
In the complaint, it is necessary to request that the judge order the removal of the content from the platform where it was distributed. This is always preferable to requesting removal privately, as platforms often ignore such requests if not ordered by a court often.
