2023 Criminal Law, Q14

Jon and Pilar were in a dating relationship for a year but due to the abusive behavior of Jon, Pilar broke up with him. Jon pursued Pilar but she refused to reconcile with him. He then uploaded to his social media account the video of their sexual congress, as well as the nude pictures of Pilar, all of which he had recorded on his cellphone without the knowledge of the latter. Distraught, Pilar filed a complaint with the Office of the Prosecutor and submitted in evidence the video and pictures that Jon posted on social media. What offense, if any, did Jon commit? Discuss.

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What offense under special penal laws is committed by secretly recording and uploading video of sexual congress to social media without consent?

Why is Jon liable for Psychological Violence under Republic Act No. 9262?

What is the legal effect of using social media to commit psychological violence under Republic Act No. 9262?

Under Republic Act No. 9995, is the victim's initial consent to engage in sexual congress a defense against video voyeurism?

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What expectation of privacy is protected under the Anti-Photo and Video Voyeurism Act of 2009?

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1. Video Voyeurism
Under Republic Act No. 9995, or the Anti-Photo and Video Voyeurism Act of 2009, it is unlawful to take photo or video coverage of a person performing sexual acts or capturing private anatomical areas without consent. The law further penalizes the copying, selling, broadcasting, or uploading of such unauthorized recordings to social media or public networks. Capturing intimate sexual moments secretly and publishing them online directly satisfies all elements of video voyeurism, violating the victim's reasonable expectation of privacy in an intimate setting.

2. Psychological Violence
Under Section 5(h) of Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act, psychological violence includes causing mental or emotional anguish through public ridicule, humiliation, or harassment directed at a woman with whom the offender had a dating relationship. Secretly recording intimate sexual encounters and non-consensually uploading nude photos online to humiliate an ex-partner constitutes severe psychological abuse, inflicting deep emotional trauma and distress upon the victim.

3. Cybercrime Qualification
Section 6 of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, covers all crimes defined under the Revised Penal Code and special laws when committed by, through, or with the use of information and communications technology. When acts of psychological violence under RA 9262 are executed by posting non-consensual sexual media on social media platforms, the crime becomes cyber psychological violence, which carries a penalty one degree higher than that provided for the base offense.

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