Can a Victim of Sextortion Get in Trouble?

If you’re a victim of sextortion, you may be terrified that you’ll get in legal trouble, even if you initially shared explicit content willingly. I understand how scared and overwhelmed you feel. As an attorney who has helped hundreds of sextortion victims, I want to assure you that you are not going to face any criminal charges. The perpetrator is the one breaking the law by threatening and extorting you. You are the victim of a serious crime and did nothing wrong. In this article, I’ll explain the laws that protect sextortion victims and outline the steps you can take right now to get help and start taking back control.

To be clear, sextortion victims generally do not face any legal trouble. Sextortion is a crime, and the perpetrator is the one breaking the law by threatening and extorting the victim. Law enforcement understands that victims are not at fault. Victims should preserve all evidence of the sextortion and report it to the authorities to help stop the perpetrator from harming others.

What is Sextortion and How Does It Happen?

Sextortion is a form of blackmail where the perpetrator threatens to reveal intimate images or videos of the victim unless their demands are met. These demands often include money, additional explicit content, or even sexual acts.

Sextortion can happen to anyone, but teens and young adults are especially vulnerable. Perpetrators frequently target victims on social media, dating apps, or gaming platforms. They may initially pose as a friendly stranger, an attractive love interest, or even an acquaintance the victim knows.

Once the perpetrator has gained the victim’s trust, they pressure them into sharing an intimate photo or video. They may claim it’s a normal part of a loving relationship or that they’ll send an image in return. The perpetrator might even send an explicit video first, found online, to make the victim feel at ease. However, as soon as the perpetrator receives content from the victim, they quickly turn threatening.

Can Sextortion Victims Get in Legal Trouble?

Many sextortion victims understandably worry that they’ll get in trouble with the law for sending explicit content in the first place, especially if they are underage. But the truth is, even if a victim initially shares an intimate image willingly, the sextortion itself is illegal. The perpetrator is the one committing a crime by entrapping and extorting the victim.

Law enforcement agencies and the legal system recognize that sextortion victims are being unfairly exploited and manipulated. Victims are extremely unlikely to face any charges for their original role in creating explicit content when they are being actively threatened. The focus of any investigation will be on the perpetrator’s blackmail and harassment, not the victim’s choices.

Sextortion Laws: How the Legal System Protects Victims

Sextortion is illegal under a variety of state and federal laws. While some states have passed legislation specifically addressing sextortion, others prosecute it under existing extortion, harassment, or child pornography statutes. Here are some of the key laws that protect sextortion victims:

• Federal sexual exploitation laws prohibit coercing or enticing anyone, regardless of age, into sexual activity. This includes pressuring someone to produce explicit content.
• Federal interstate communications laws criminalize using technology to send threats intended to extort money, property, or other things of value from the victim.
• Many states have laws against extortion that cover sextortion situations. Extortion is defined as making threats to obtain something or to force the victim to do something against their will.
• Laws against the distribution of private sexual images without consent, often called “revenge porn” laws, can apply in sextortion cases if the perpetrator posts or sends the victim’s images.
• If the victim is under 18, federal and state child pornography laws make it illegal for the perpetrator to request, obtain, or distribute their sexually explicit content.
• Some states, like California, Texas, and Utah, have passed laws expressly criminalizing sextortion and heightening penalties when the victim is underage.

Under these laws, perpetrators can face lengthy prison sentences and fines if convicted. For example, a federal sexual exploitation conviction carries a minimum 15-year sentence. Sextortion is a serious felony crime.

While it’s important for victims to understand the potential legal consequences for perpetrators, you should not feel responsible for “proving” your case. Preservation of evidence is key, but leave the legal complexities to law enforcement and qualified attorneys. Focus on your wellbeing and getting support.

5 Steps to Take Immediately If You’re Being Sextorted

If you are currently being victimized by sextortion, you may feel confused and unsure what to do next. But you need to know that you have options. Here are 5 key steps to take right away:

1. Stop all communication with the perpetrator. Don’t respond to their threats or demands, even if they claim they’ll follow through if you don’t reply. Continuing the conversation will only make them feel more empowered.
2. Preserve all evidence. Take screenshots of every message, image, and interaction with the perpetrator. Save copies of any intimate content they are threatening to share. Having thorough documentation will be crucial for reporting the crime and getting the content removed if shared.
3. Increase privacy settings on social media and consider temporarily deactivating accounts. This can help prevent the perpetrator from gathering more info about your life to manipulate you with. Tighten your friend lists to only people you know and trust.
4. Report the sextortion. I know you may feel embarrassed, but coming forward is so important to protect yourself and others. In the next section, I’ll explain how to report to the proper authorities. Telling a parent, teacher, or trusted loved one can also help you feel supported.
5. Seek emotional support. Being targeted by a sextortionist is traumatic. Your mental health is important. Consider confiding in close friends and family for encouragement. Many victims find value in professional counseling to process the uncertainty, shame, and fear in a healthy way.

You may still feel overwhelmed, and that’s okay. In the rest of this article, I’ll share more info on how to report sextortion, your legal options as a victim, and additional ways to get support. No matter how lost you feel right now, there are caring people ready to help.

Reporting Sextortion to Law Enforcement

Alerting the proper authorities is a crucial step in holding sextortionists accountable and preventing harm to other victims. I understand it might feel daunting to involve law enforcement, but they are there to help you, not judge you. Here’s what you need to know about reporting sextortion:

First, if you are in immediate danger, always call 911 for emergency assistance. If the perpetrator has threatened your physical safety or you feel at risk of self-harm due to the emotional distress, don’t hesitate to reach out for urgent help.

For most sextortion situations, you’ll want to call your local police non-emergency line to file a report. You can explain that you are the victim of online sextortion and extortion. Stick to the facts about what you’ve experienced and share any documentation you’ve preserved. If you are a minor, your parent or guardian can make the report on your behalf.

In addition to local law enforcement, you should report the sextortion to relevant federal agencies:

• FBI: Contact your local FBI field office or file a report with the Internet Crime Complaint Center at ic3.gov. The FBI has special agents trained in investigating cyber crimes like sextortion.
• National Center for Missing and Exploited Children (NCMEC): If you are under 18, you can make a report to NCMEC’s CyberTipline at missingkids.org/gethelpnow/cybertipline or 1-800-843-5678. NCMEC maintains a nationwide reporting system to help identify perpetrators.

When making reports, provide as much detail as possible about the perpetrator, like their username, phone number, email address, and payment info. Share the evidence you’ve collected. The more info investigators have, the better chance they have of tracking the perpetrator down, even if they are based in another state or country.

I know the reporting process can feel invasive and stressful. But by alerting authorities, you are taking power back from the perpetrator. Law enforcement can open an investigation, collect digital forensic evidence, and pursue criminal charges. They can also coordinate with social media platforms to remove any content the perpetrator inappropriately posted.

Legal Recourse Options for Sextortion Victims

Beyond seeing the perpetrator brought to justice criminally, sextortion victims often wonder about their options for civil legal recourse. A civil lawsuit allows you to sue the perpetrator directly for monetary damages related to the sextortion. While no amount of money can undo the trauma and damage caused, pursuing a civil case can provide a sense of justice and relief.

In a sextortion civil lawsuit, victims can seek compensation for things like:

• Mental anguish and emotional distress
• Damaged reputation and relationships
• Lost wages from missed work
• Therapy and medical expenses
• Damaged electronic devices

If the perpetrator published your intimate content online, you may also have a civil cause of action under revenge porn laws. These laws allow victims to sue the perpetrator for damages and get a court order to remove the nonconsensual content.

Many victims find value in filing a civil protection order or restraining order against the perpetrator. These court orders legally prohibit the perpetrator from contacting you, coming near you, or posting about you online. If the perpetrator violates the order, they can face additional criminal charges.

Sextortion civil lawsuits can be complicated, so it’s best to consult with an attorney experienced in these sensitive cases. They can advise you on the best legal strategies for your unique situation, gather evidence to build a strong case, and advocate for your interests in court proceedings. Don’t be afraid to ask for legal support.

Getting Support as a Sextortion Victim

Reporting to authorities and exploring legal recourse are important steps in addressing sextortion, but prioritizing your mental and emotional wellbeing is just as critical. Being victimized by a sextortionist can leave you feeling violated, ashamed, anxious, and even depressed. You don’t have to deal with those overwhelming feelings alone.

Confiding in trusted friends and family can provide much-needed comfort and reassurance. Loved ones can remind you of your worth beyond this situation. If you are a minor, telling a parent, teacher, or school counselor can help you feel supported as you navigate this difficult time.

Many sextortion victims find healing through professional therapy or counseling. A compassionate therapist can give you a safe, non-judgmental space to process the trauma and develop healthy coping strategies. If you are struggling with persistent anxiety, depression, or thoughts of self-harm, a mental health professional can provide invaluable support.

There are also helplines and organizations dedicated to assisting sextortion victims:

• RAINN (Rape, Abuse & Incest National Network): Operates the National Sexual Assault Hotline 24/7 at 1-800-656-4673 or via live chat at online.rainn.org.
• Cyber Civil Rights Initiative: Offers a 24/7 crisis helpline for victims of nonconsensual porn and sextortion at 844-878-2274 or cybercivilrights.org/ccri-crisis-helpline.
• Without My Consent: Provides a list of resources and support services for victims of online abuse at withoutmyconsent.org/resources.
• Thorn: Works to defend children from online sexual abuse and offers educational resources for young victims and their families at thorn.org.

Remember, you deserve to feel safe and supported. Reaching out for help is a sign of strength, not weakness.

Overcoming Sextortion: You’re Not Alone. We Can Help.

If you are a victim of sextortion, I want to remind you that you have done nothing wrong. The shame and guilt belong to the perpetrator alone. The perpetrator is the only one to blame for weaponizing your trust.

By reporting the sextortion, preserving evidence, and reaching out for help, you are already taking brave steps to reclaim your life.

Lean on your loved ones. Let a counselor or therapist guide you through the complicated emotions. Take advantage of victim support services and legal resources. With time and support, you can move forward as a survivor.

At Minc Law, we are committed to holding perpetrators accountable and giving victims a voice. Our experienced attorneys know how to navigate the complexities of sextortion cases with discretion and compassion. If you need a legal advocate to help you explore your options, reach out today by calling (216) 373-7706, speaking with a Chat representative, or filling out our online contact form.