Coluna Fictio Iuris

In recent years, the proliferation of digital technology and social media platforms has raised significant concerns about privacy and consent, especially in the context of intimate and sexually explicit content. Sharing sexual material without the explicit consent of the individuals involved has become a relevant issue, with severe legal consequences in many jurisdictions worldwide.

The latest case that has made headlines involves three players from Real Madrid who shared a video of sexually explicit content in which one of them appears to engage in consensual sexual activity with a minor under the age of 16. In any case, the Spanish police have taken action and arrested all those involved, seizing all the content from their WhatsApp accounts in search of more information. However, the act of sharing this video has several important legal consequences from a criminal law perspective.

The first point to consider is the invasion of privacy because sharing sexual material without consent is primarily regarded as an invasion of privacy, violating the fundamental right of individuals to control their personal information and intimate images. This automatically initiates a criminal process against those who disseminate the material. This dissemination can take various forms, ranging from cases of so-called revenge porn, where the individual shares the material with the intention of harming their former partner, to situations involving sale, where the distribution of obscene material is done for profit. Another common variant is harassment or stalking, which involves sharing material with the intention of blackmailing the victim with threats that include making the videos or photos public, especially among their family and friends.

This conduct is also actionable through means other than criminal law, such as civil law. In addition to criminal charges, individuals who share sexual material without consent may also face civil lawsuits. Victims can sue for moral damages, including emotional distress, damage to their reputation, and the resulting economic losses from the harm to their image. Furthermore, in some jurisdictions, individuals convicted of sharing sexual material without consent may be required to register as sex offenders, which can have long-term consequences, affecting their ability to secure housing, find employment, and maintain social relationships.

In contrast to all of the above, defendants often use various legal defenses in these cases, including the victim's consent. However, it is very difficult to prove explicit consent to share the material, as consenting to the recording is one thing, and consenting to its public dissemination is quite another. Therefore, although there is often an attempt to argue for a presumption of general consent, it is not valid.

In conclusion, sharing sexual material without consent has far-reaching legal effects in criminal law. It is not only a violation of personal privacy but also a breach of trust and an attack on the dignity of the individuals involved.

In response to the growing prevalence of these incidents, many jurisdictions have strengthened their laws and penalties to deter this behavior and protect the rights and well-being of victims. In this regard, it is crucial for individuals to be aware of the legal consequences associated with sharing sexual material without consent, as they can have a lasting impact on their lives and futures. This is why respect for consent and privacy remains fundamental in the digital age, and society and the legal system continue to evolve to address these complex issues.

 

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