Blackmail victims, particularly those who have been subjected to sexually explicit material (a practice known as “sextortion”), typically have a tough decision about how to react. As previously mentioned in our blog, reporting the case to the police may lead to further legal action against the blackmailer.
What are your main worries?
It is understandable that a victim of blackmail would be concerned about the possibility that their identity might be revealed if the case went to court. When a victim is terrified of having their humiliating personal information leaked, blackmail has a far better chance of succeeding. The blackmailer’s threat becomes a reality if the victim’s identity is not safeguarded throughout criminal procedures. In any وحدة مكافحة الجرائم الإلكترونية we can help you out.
When it comes to certain situations, is anonymity a given?
The bad news for blackmail victims is that they can’t expect anonymity or other types of identity protection by default. It is necessary to make applications in court, and the judge has the last say on whether or not to approve them. The legal counsel of the defendant may vigorously fight such applications.
What can you do to keep your personal information safe?
According to Section 46 of the Youth Justice and Criminal Evidence Act 1999, the prosecution may ask for reporting limits. In the event that these limits are put in place, any information about the victim that may cause the general public to believe that person was a witness in the case would be prohibited from appearing in any publication while they are alive. For press purposes, this protects the blackmail victim, but it’s not the same as anonymity.
Section 46 reporting limits do not prevent a member of the public from sitting in court and hearing the victim’s name and the specifics of the case. during proceedings. The prosecution may opt to ask the trial judge for permission to enable the victim to give testimony without having to state their identity in open court in order to resolve this problem. In suitable instances, judges have a common law ability to make changes to the normal trial process.
According to CPS instructions, this is now standard procedure in situations involving blackmail. A judge’s order should be followed by all parties and witnesses so they are prohibited from mentioning the victim by name during the trial. This is sensible.
A blackmail victim’s identity will be adequately protected if the proper orders are requested, especially when combined with other special measures that a judge can grant, such as giving evidence behind a screen or via video link from a different room in the courthouse (i.e. out of defendant’s view). You can get our help in الجرائم الإلكترونية
What is the CPS’s actual approach to this problem?
Because of this, we have seen in situations involving extortion that although CPS regulations state that the organization is committed to helping victims and witnesses, this is not often the reality. Victims may discover that their worries regarding identity protection have been under-considered and that the required orders have not been put in place. When this happens, having a lawyer by your side who can engage with the CPS on your behalf, make statements about the proper orders to seek, and lead you through the process may be quite beneficial for you.