P023 - Cyberstalking and sexting in Spain and in the Basque Country: phenomenology and criminal law protection

• In Event: Poster Session & Ice Cream Social

Abstract

Since 2015, stalking and sexting are two criminal phenomena that have been criminally protected in Spain. Concerning stalking, a new criminal type of harassment was introduced in the Spanish Penal Code, within the crimes against freedom, in order to provide a response to those serious behaviors that, often, couldn't be classified as coercion or threats. It refers to all those cases in which, even if there is not necessarily an explicit announcement of the intention to cause a harm (threats) or the direct use of violence to restrict the victim's freedom (coercion), there are repeated acts that seriously undermine the victim's freedom and his/her sense of security, and which can often be committed through ICTs. Regarding the sexting crime, it consists of the unauthorized sharing of intimate images or videos acquired with the consent of the person concerned. The aim is to provide a response to those cases in which images or video recordings of another person, obtained with their consent, are then shared without their will, when the image or recording has been taken in a personal sphere and its distribution, without the consent of the person concerned, seriously harms their privacy. Taking into account these considerations, this poster presents the data concerning the extent, nature and circumstances of these two criminal phenomena (cyberstalking and sexting), based on crime statistics in Spain and in the Basque Country in the period 2018-2023. It is also explained the criminal protection provided by the Spanish Penal Code regarding these two criminal phenomena, pointing out some problems in their implementation.

Author

• Isabel Germán, University of the Basque Country. Basque Institute of Criminology