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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Jo C. could we enter a chat form here, wont take more than

Resolved Question:

Hi Jo C. could we enter a chat form here, wont take more than 15 minutes about that question.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Lets chat here.

Customer:

Hello Alex

Alex Watts :

Hello

Customer:

I have a few questions about black mailing

Customer:

Does it have to involve a clear monetary sum?

Alex Watts :

No.

Alex Watts :

It is defined as: A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces

Customer:

Ok I have an example

Customer:

A few actually!

Alex Watts :

Please also bear in mind that the time we can spend is very limited.

Customer:

Basically if someone was refusing to delete something that they have been sent and then the second party gets fearful and offers a solution to it, which is not monetary, it is blackmailing?

Alex Watts :

No

Alex Watts :

If they are just asking

Alex Watts :

But if they say I will kill you if you dont delete it, then that is blackmail

Customer:

Ok but if the person who was sent the things refused to delete it, is it illegal?

Alex Watts :

Depends what it is but probably not

Customer:

Ok

Customer:

2nd scenerio

Alex Watts :

ok

Customer:

If one person asks someone to produce an academic journal for them, which they could then borrow and use it under a condition offered to the person whom he asked to write it. Then after completing the piece, the person refused to uphold the agreement and also actually lied about the fundamentals of the situation. Then the composer says, you either fix this agreement dispute or I will alarm your institution of your plagiarism, or you could tell your institution of plagiarism and retract your academic piece from submission then I'll let it go. Would this be blackmail?

Customer:

As far as I am concerned since the demand is reasonably warranted

Alex Watts :

No - because the person has to make a gain for themself as a result. In this case they would not

Customer:

Ok

Customer:

What if

Customer:

3. one btw

Customer:

One person has material which will put reputation at risk, eg this plagiarism and he said you can fix the mess up or I will disclose this to the public. Is this black mailing?

Alex Watts :

Fix it in what way?

Customer:

Any way which the parties will mutually agree

Customer:

Vague definition.

Alex Watts :

If he person says you pay me £x or I will tell - this is blackmail

Customer:

No that was not happened

Customer:

not what*

Customer:

it was basically

Customer:

"You can fix the indifference between us by paying me respect and spending the time I deserve with me, then we are even."

Alex Watts :

If the person holding the ace makes a gain (financial or non financial) it is blackmail

Customer:

something similiar like this

Alex Watts :

Respect, no that's fine

Customer:

Ok what if the person first offered to be this person's girlfriend for the help then retracted it then he was asking for this to be fixed, is it blackmail as it was offered already

Alex Watts :

No, because there has been no gain

Customer:

I se...

Customer:

see

Customer:

can i have examples of non financial gains?

Alex Watts :

Car

Alex Watts :

Holiday

Alex Watts :

Desk

Alex Watts :

Tv

Alex Watts :

etc

Customer:

So

Customer:

Ok let's say

Customer:

It has to be somekind of an object?

Alex Watts :

a gain

Alex Watts :

so ANY gain

Alex Watts :

and causing a LOSS to another

Customer:

ok what if

Customer:

If you dont be my girlfriend i will claim my intellectual property over the academic work, is that an issue?

Alex Watts :

No because they already own the IP if they wrote it

Alex Watts :

And that would not cause a loss

Customer:

Dating is not a loss?

Alex Watts :

Not really?

Alex Watts :

Just means they are not very nice and why date them anyway

Customer:

lol

Customer:

What about sexual intercourse just saying

Alex Watts :

That would be rape if non consensual

Customer:

If consensual and offered by the female to actually solve the academic issues?

Alex Watts :

Not blackmail

Customer:

But ok if it was not offered BUT the male part asks for this

Customer:

is it an issue?

Customer:

But it didnt happen

Customer:

He just asked

Alex Watts :

No

Alex Watts :

If it have sex with me or else, then yes that would be blackmail

Customer:

What if that wasnt said

Customer:

but then the female just suddenly goes into it with the belief that it was said

Alex Watts :

I dont understanbd

Customer:

and offers a discussion in what to achieve

Customer:

Ok

Alex Watts :

And please be clear

Customer:

So if, nothing like if you dont have sex with me I will was said. But there was a mere hint which is very vague, then, however, moving forward the female party started offering a discussion in sexual intercourse to settle this, is this blackmail?

Alex Watts :

Whether that amounts to blackmail would be a matter for a jury to decide

Alex Watts :

We have now been chatting for half an hour so our session will need to end soon

Customer:

Is it true if the person thinks that his demand is warranted it is not black mailing?

Alex Watts :

It has to be with menaces

Customer:

I dont think something like academic papers is menaces?

Alex Watts :

Please see: http://www.e-lawresources.co.uk/Blackmail.php

Customer:

Dont worry you can pick up the other question to continue the chat so you get paid again, I have already paid

Alex Watts :

I can't say - I dont think so

Customer:

Ok

Customer:

Usual form of blackmail is violence if I am correct?

Alex Watts :

Yes

Alex Watts :

Or threat of

Customer:

But if it is the truth that is being exposed ot the public and it is the truth of ones' action which would damage their reputation then it is not menaces ?

Alex Watts :

It can be yes. If you have an affair and say well unless you give me £ I will tell your wife, that is blackmail

Alex Watts :

Even if it is trye

Alex Watts :

true

Customer:

but what this seems is that

Customer:

if one exposes the truth of someone else which is massively damanging their reputation or it is illegal eg. abortion/ affair

Customer:

then

Customer:

yes

Customer:

academic plagiarism seems to be bit less erious here

Alex Watts :

Again maybe a matter for the jury and legal argument

Customer:

Ok

Customer:

Sex is a gain for another and loss for another right?

Customer:

Although consensual ?

Alex Watts :

It could be yes

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Btw

Alex Watts :

Yes?

Customer:

An agreement with an exchange for information via sex is not legally exercisable if i am correct?

Alex Watts :

Well that is a separate question I am afraid!

Customer:

Pick up another outstanding question I have

Customer:

brief 10 mins chat about this on that please

Customer:

thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

http://www.justanswer.co.uk/law/8b2vw-hi-jo-law-question-blackmailing-enter.html

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