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Jo C.
Jo C., Barrister
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Researching novel (am a literary mentor)... A

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Researching for a novel (am a literary mentor)... A "blackmailer" (B) has "dirt" on a "victim" (V) (B knows that V is secretely a porn star). B makes a demand: CASE 1 "Sex once a month for a year, I don't care where." They have sex at V's place. NO FINANCIAL
LOSS CASE 2 "Sex once a month for a year, I don't care where." V: "OK, I will pay for a hotel." FINANCIAL LOSS CASE 3 "Sex once a month for a year, YOU pay for a hotel." FINANCIAL LOSS My understanding is that ONLY IN CASE 3 could B be imprisoned for blackmail
(Theft Act, Section 21 if I recall) because there is FINANCIAL LOSS __and__ the financial loss IS PART OF THE DEMAND. (Please correct me if I am wrong???) The question is: In case 1 or 2 (i.e. when B has avoided falling foul of the Theft Act), under which
laws might B be prosecuted or imprisoned, IF ANY? - Sexual Harassment? - some law on stalking? - others? Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Yes, you are right. Only in example 3 would this be blackmail.
I can't see an offence at all in case one. She is free to refuse. There is no threat.
Similarly in case 2. There is no threat. There is no absence of consent. It could be interpreted as an offer rather than a demand.
I suppose the time period does imply some form of payment maybe but it is not the best.
Customer: replied 1 year ago.
I think in theory the answers are all here but I'm a little confused about the language so if you could clarify I would be really grateful..._______>I can't see an offence at all in case one. She is free to refuse. There is no threat.She is "free to refuse" -- so although SHE would argue that SHE is being forced into sex because she doesn't want her secret revealed, the LAW simply doesn't care about her porn star 'shame', therefore, as far as the law is concerned, she is simply 'free to refuse', therefore she has 'consented'?>Similarly in case 2. There is no threat. There is no absence of consent. It could be interpreted as an offer rather than a demand.In what way 'an offer'? He's 'offering' to NOT reveal her secret if she does him this favour, this sexual favour? Is that what you mean?>I suppose the time period does imply some form of paymentHow do you mean? The blackmail law is about financial/property loss. Are you suggesting that MAYBE in some cases when an threat is this specific, it sort of becomes 'payment'?>maybe but it is not the best.The best as in, someone trying to prosecute/convict (forgive my poor terminology) wouldn't have the BEST case when trying to argue that?
Expert:  Jo C. replied 1 year ago.
1 That isn't what the demand says.
The demand just says sex for a year. It doesn't contain a statement that says 'or else'.
2 Similar problem to the above.
Customer: replied 1 year ago.
Sorry, I was simplifying to keep my email brief. He's telling her that he will reveal her secret unless she has sex with him once a month for a year. So, there is an 'or else': have sex with me once a month for a year or else I will reveal your secret. I am sorry I didn't make that clear. So, bearing this in mind:--->I can't see an offence at all in case one. She is free to refuse. There is no threat.She is "free to refuse" -- so although SHE would argue that SHE is being forced into sex because she doesn't want her secret revealed, the LAW simply doesn't care about her porn star 'shame', therefore, as far as the law is concerned, she is simply 'free to refuse', therefore she has 'consented'?>Similarly in case 2. There is no threat. There is no absence of consent. It could be interpreted as an offer rather than a demand.In what way 'an offer'? He's 'offering' to NOT reveal her secret if she does him this favour, this sexual favour? Is that what you mean?>I suppose the time period does imply some form of paymentHow do you mean? The blackmail law is about financial/property loss. Are you suggesting that MAYBE in some cases when an threat is this specific, it sort of becomes 'payment'?>maybe but it is not the best.The best as in, someone trying to prosecute/convict (forgive my poor terminology) wouldn't have the BEST case when trying to argue that?
Customer: replied 1 year ago.
Maybe we start again because I think there has been some confusion.I think the problem is that, since I am a novelist rather than a lawyer, I IMPLIED that there is a blackmail threat, rather than stated it.The 'blackmailer' is saying that unless the girl has sex with him once a month for a year, he will tell her friends/family/employer etc that she is a porn star and provide them with proof. So, provided that he avoids the Theft Act by NOT demanding that she pay for a hotel room or anything else, my question is... might he be prosecuted/sent to prison under any other law such as a law on sexual harassment or a law on stalking or any other law? If so, which laws? (details not required, I can look into those laws if you tell me the names of the laws)
Expert:  Jo C. replied 1 year ago.
I suppose you could argue that it negates consent and so amounts to a sexual offence. To get home on that point though there will need to be a specific threat actually stated. Although, of course, people can always make false allegations which happens all the time whatever you read in the press.
It is difficult to predict really because porn stars tend to be quite well known as it isn't really something that can be kept secret.
Actually a better example would be her making a demand that if he doesn't pay then she would make an allegation of rape. That would be a blackmail and would highlight an understated problem in our society.
Sexual harassment isn't an offence in the Uk.
Customer: replied 1 year ago.
Well, let's assume that the 'porn star' situation is subtle, I say 'star' but she has only been in a few films and she wore a mask etc, she isn't 'known'. And he made the 'demand' in a casual conversation, although he was specific (sex or I'll do this) she has no proof of it. In this case, ultimately, there is no law under which he can be prosecuted? He's evaded the Theft Act (sex at his place, so no financial loss to her), there's no PROOF that's he's made this demand (sex with me otherwise I'll tell everyone you were in porn films)... he can't get prosecuted under any UK law in this case? There isn't some vague law that says that if in any way she feels under pressure to have sex then he is guilty in some way?
Expert:  Jo C. replied 1 year ago.
If he says 'sex or I will do this' then that is no offence.
If she does actually have sex to stop him doing that then you could argue it negates consent and so forms the basis for a rape allegation although it would never get home and, in academic law, you still have to get over his reasonable belief in her consent.
Customer: replied 1 year ago.
Ah, now I think I get it.At the point where he makes the 'blackmail' threat, that isn't actually blackmail in UK law as long as he doesn't insist that she pays for a hotel.So, as far as UK law is concerned, there's no offence AT THE MOMENT HE MAKES THE THREAT; if there is a crime committed it's later, WHEN THE SEX TAKES PLACE.Even then, there may not be an offence because you can't be sure she didn't consent willingly (unlike if a girl is drugged or tied up or threatened with a knife where it's clear cut); in this case for all we know she might have gone along with it because she's attracted to him or whatever, we can't be sure she went along with it only because of what he said to her.Is that basically it? No other laws?If I've understood, then we're done and I'll leave my feedback; though do correct me if I've still misunderstood.
Expert:  Jo C. replied 1 year ago.
Yes, or demands any other item of property. I think otherwise you are basically right.
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Customer: replied 1 year ago.
Five gold stars (--;
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Customer: replied 1 year ago.
Thanks.
Customer: replied 1 year ago.
Sorry, thought I had rated you but apparently I hadn't. I find this site highly confusing. Have now given five stars again as before.
Expert:  Jo C. replied 1 year ago.
Yes, you have. Nothing else to do.

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