RAPE ONLINE AND LEGAL RESPONSIBILITY
The Internet, a miracle of the digital age, has become one of the most widely used tools of our time. Offering many opportunities such as freedom of expression, easy and rapid access to information, and the ability to connect through social media, the Internet has quickly become the darling of communication. Apart from the cybercrimes in Articles 525/a and 525/d of the Turkish Penal Code, there are few specific provisions regarding the application of laws to address copyright infringement on or through the Internet. Internet copyright infringement is being examined as a relatively new topic in Turkish law. Many Western countries, including the USA, UK, France, and Germany, have extensive laws and regulations concerning the Internet.
The Definition of Rape on the Internet
Online rape can be defined as the sending or dissemination of sexually explicit messages, images, or videos on digital platforms without an individual's consent. Such acts violate the dignity, privacy, and security of victims. Rape can occur without physical contact, and these types of attacks carried out in the digital environment can leave profoundly traumatic effects on victims.
Legal Framework
Legal regulations regarding online rape can vary from country to country. However, many countries take such crimes seriously and have enacted various laws to protect victims. Online rape crimes generally fall into the following legal categories:
- Data Protection: Disclosure or dissemination of personal data without the victim's consent is a crime in many countries. Such actions can be considered an attack on the victim's privacy.
- Sexual Harassment and Assault: Sexual harassment conducted online is considered as serious as physical sexual harassment. Sending sexually explicit messages or images without the victim's consent constitutes the crime of sexual harassment.
- Cyberbullying: Online harassment is often accompanied by cyberbullying. Such actions, which aim to humiliate, threaten, or degrade the victim, are considered cyberbullying.
Even if not directly related to intellectual property law, certain substantive legal rules can be applied to works and related rights. The Turkish Copyright Law (FSEK) applies general provisions to copyright infringements occurring on and through the internet. In cases of intellectual property infringement on the internet, the moral and financial rights arising from the work, as well as the work and its author, and related rights and their owners, as referenced in the second paragraph of Article 80 of the FSEK, are protected.
Legal Responsibility
In cases of online rape, legal responsibility is generally attributed to the following individuals and organizations:
- Perpetrator: The person who commits the act of rape online bears direct legal responsibility. The perpetrator's identity can be determined, and criminal and legal sanctions can be applied against them.
- Platforms: Digital platforms where rape content is published may also bear legal responsibility. These platforms are obligated to ensure the safety of their users and must remove or block content when necessary.
Internet Service Providers (ISPs): Internet service providers are obligated to take necessary measures to prevent the spread of illegal content. However, the responsibility of service providers is generally more limited compared to the individuals who produce and distribute the content.
LEGAL PROCESS AFTER RAPE ONLINE
You want to initiate legal proceedings and find a solution because you were sexually assaulted online. Let's examine how you can manage this process:
1. Proving the Situation with Documents
First and foremost, it's crucial to document the sexual assault you experienced. Save screenshots, messages, emails, and other digital evidence for future legal use.
2. Contacting the Platform
Contact the support team of the platform where the incident occurred (social media, email service, etc.) and report the situation. Most platforms take harassment and sexual assault incidents seriously and take necessary measures to ensure the safety of their users.
3. Applying to the Competent Authorities
Report the situation to the local authorities and file a formal complaint. You can contact the police or units dealing with cybercrime. Provide the authorities with detailed information and documents to initiate the process.
4. Seeking Legal Advice
By seeking legal advice from a lawyer, you can learn about your rights and the steps you need to take. Your lawyer can represent you throughout the legal process and take the necessary steps to redress your grievances.
5. Seeking Psychological Support
Online rape can have serious psychological effects. You can get through this process in a healthier way by seeking support from a psychologist or therapist. Joining support groups can also be beneficial.
6. Taking Security Measures
To ensure your personal security, it's important to keep your online profile information private, use strong passwords, and be mindful of who you communicate with. If necessary, you can temporarily deactivate your social media accounts or tighten your privacy settings.
7. Spreading the word and raising awareness
You can connect with other victims who have faced similar situations and share your experiences. This can make both you and other victims feel stronger. You can also participate in or support campaigns to raise awareness about such incidents in society.
8. Seeking Alternative Solutions
In some cases, it may be necessary to seek alternative solutions to cope with online harassment. For example, you can participate in training programs and improve your cybersecurity skills to be safer in the digital world.
Remember, online rape is a serious crime, and you are not alone. It is crucial to take the necessary steps to protect yourself and defend your rights. Don't hesitate to seek help and support.
Online rape is a crime that leaves serious psychological and emotional impacts on victims. Legal regulations are of great importance in combating this crime. The responsibilities of digital platforms and internet service providers, as well as the perpetrators, must be determined, and effective mechanisms must be developed to protect victims. Such legal regulations will contribute to making the internet a safer and fairer environment.
This issue is examined by the authors of the relevant text under the name "online responsibility" or "responsibility on the internet." It is also certain that the broad meaning of "internet" fully encompasses the system.
Nature of Responsibility
An infringement committed online generally constitutes a tort. This requires the elements that constitute a tort. Circumstances that negate liability also apply here. It is also possible that liability arising from a contract is at issue in the specific case.
Contents
Content is everything we put on the internet. The subject of content can be news, newspapers, information about universities or faculties, or a work of art. A distinction is made between "one's own content" and "someone else's content." As a rule, an individual is responsible for their own content. The person merely viewing someone else's content cannot be held responsible unless that person has violated the copyright holder's moral or financial rights by making some use of the content.
In this regard, we need to examine both non-contractual and contractual liability.
Contractual Liability
Definition
Contractual liability is the liability arising from the breach of obligations stemming from a contract between parties. This type of liability typically arises in cases of non-performance, incomplete performance, or faulty performance of the contract.
Essential Elements
- Existence of a Contract: For liability arising from a contract to occur, the existence of a valid contract is a prerequisite.
- Breach of Contract: Failure to fulfill or incomplete/incorrect performance of obligations specified in the contract.
- Existence of Damage: The party that suffered damage as a result of the breach of contract must have sustained a loss.
- Causal Link: The existence of a causal link between the breach of contract and the resulting damage.
Examples
- Failure to deliver a good or service within the time specified in the contract.
- In a construction contract, the work undertaken is either incomplete or faulty.
- In a lease agreement, rendering the leased property unusable.
Non-Contractual Liability (Tort Liability)
Definition
Non-contractual liability is the liability that arises when one person causes harm to another through an unlawful act, even though there is no contractual relationship between the parties. This type of liability is generally referred to as "tort liability".
Essential Elements
- Illegality: The act committed must be unlawful.
- Fault: The person causing the harm is at fault to a degree either intentionally or negligently.
- Existence of Damage: The occurrence of damage as a result of an unlawful act.
Causal Link: The existence of a causal link between the unlawful act and the resulting harm.
Comparison of Contractual and Non-Contractual Liability
| Elements | Contractual Liability | Non-Contractual Liability (Tort) |
|---|---|---|
| Legal Basis | The contract between the parties | General rules of law |
| Terms of Liability | Breach of contract, damages and causal link | Illegality, fault, damage, and causal link |
| Types of Responsibility | Breach of committed obligations | Unlawful act |
| Compensation Claim | According to the terms of the contract | According to general principles of damages and compensation |
Conclusion
Contractual liability and non-contractual liability are two fundamental types of liability that hold significant importance in the legal system. Contractual liability is based on the agreement between the parties, while non-contractual liability is based on general legal principles and encompasses a broader scope. Both types of liability are of great importance in terms of protecting rights and ensuring justice.
About Post Author
