Glued-on nude photos against the law
"I was in a one-year relationship with a man I met in a professional school, and we split in 2017 because I caught him checking out other women. When he learned that I am getting married this year, he sent me horrific nude photos of a woman with my face glued on it and threatened that he would send it to all our friends, including my husband-to-be, if I would not call off my wedding. He even told me he could make more of those that would look so real that I would be humiliated to my bones. He is a graphic artist, and I really feel violated. What should I do?Carla
Dear Carla,The Supreme Court in the case of Rustan Ang vs. Court of Appeals and Irish Sagud (GR 182835, April 20, 2013, Ponente: Associate Justice Roberto Abad), decided on a similar situation, where the ex-boyfriend who sent the alleged naked picture to the woman was found to have violated Section 5 (h) (5) of Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004.” The case stated thus:
“Section 5 identifies the act or acts that constitute violence against women and these include any form of harassment that causes substantial emotional or psychological distress to a woman. Thus:“SEC. 5. Acts of Violence Against Women and Their Children. The crime of violence against women and their children is committed through any of the following acts:
“h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:xxx
“5. Engaging in any form of harassment or violence xxx“The above provisions, taken together, indicate that the elements of the crime of violence against women through harassment are:“1. The offender has or had a sexual or dating relationship with the offended woman“2. The offender, by himself or through another, commits an act or series of acts of
harassment against the woman and“3. The harassment alarms or causes substantial emotional or psychological distress to her.” (Emphases supplied)In the said case, the Supreme Court likewise added:“…the Court cannot measure the trauma that Irish experienced based on Rustan’s low regard for the alleged moral sensibilities of today’s youth. What is obscene and injurious to an offended woman can of course only be determined based on the circumstances of each case. Here, the naked woman on the picture, her legs spread open and bearing Irish’s head and face, was clearly an obscene picture and, to Irish a revolting and offensive one. Surely, any woman like Irish, who is not in the pornography trade, would be scandalized and pained if she sees herself in such a picture. What makes it further terrifying is that, as Irish testified, Rustan sent the picture with a threat to post it in the internet for all to see. That must have given her a nightmare.”In your situation, you may pursue a criminal action against your ex-boyfriend who harassed you by making glued-on nude pictures in order to stop your upcoming marriage.We hope that we were able to answer your query. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/
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"Glued-on nude photos against the law" was written by Mary under the Legal Advice category. It has been read 556 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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