Results 1 to 5 of 5

Hybrid View

  1. #1

    Default Internet Sexual Harassment

    My question involves criminal law for the state of: Virginia, or Federal

    I don't know if anyone here is aware of the controversy that has been going on over a website by the name of Juicycampus.com, but it has recently come to my attention and I have done some extensive research on the subject.

    It came to my attention because my own daughter was sexually harassed on the site at her college campus. The users are able to make posts without any registration or risk of IP tracking. However, there are reported incidents of some posts being tracked and arrests being made (in cases of threats of school shootings etc.). However, most of the posts are sexually harassing to target women and first and last names are posted.

    The site owner refuses to remove the offending posts- arguing that it is a first amendment issue. This site has received attention on many campuses (including some of the Ivy Leagues) around the country. The schools have opted to not block the site from their servers due to "free speech" protection.

    However, I have done some research on the issue of sexual harassment and stalking (I am a sociologist and feminist scholar) and I am able to make the argument that such a site facilitates internet stalking on college campuses.

    The Violence Against Women Act was reauthorized in 2005 to include cyberstalking as a criminal offense- so why isn't law enforcement continuing with this tact? Moreover, how and who do I contact to start the ball rolling on getting this site to enforce the law?

    Any suggestions?
    Thanks.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Internet Sexual Harassment

    Quote Quoting threlfallgpa
    View Post
    The Violence Against Women Act was reauthorized in 2005 to include cyberstalking as a criminal offense- so why isn't law enforcement continuing with this tact? Moreover, how and who do I contact to start the ball rolling on getting this site to enforce the law?

    Any suggestions?
    Thanks.

    I am familiar with this this law from a few years back, section 223 was quietly slipped into the Bill, however there is an INTERstate element for it to apply. INTRAstate cyber stalking does not trigger the section. It is a state matter.

    Read it and post your thoughts:


    http://www4.law.cornell.edu/uscode/s...3----000-.html

  3. #3

    Default Re: Internet Sexual Harassment

    Thanks, but there is no way to know if the posts are made intrastate or interstate because the originator is anonymous. Furthermore, the site owner will not reveal the IP address without costly litigation. Therefore, it would be impossible to determine if it is a state or federal issue.

    Since the site is organized on college campuses, I'm guessing posts are made vis-a-vis student to student. So I'm guessing that the attorney general's office within each state will have to separately deal with it?

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Internet Sexual Harassment

    Quote Quoting threlfallgpa
    View Post
    Thanks, but there is no way to know if the posts are made intrastate or interstate because the originator is anonymous. Furthermore, the site owner will not reveal the IP address without costly litigation. Therefore, it would be impossible to determine if it is a state or federal issue.

    Since the site is organized on college campuses, I'm guessing posts are made vis-a-vis student to student. So I'm guessing that the attorney general's office within each state will have to separately deal with it?

    Let's assume it is a state matter then instead of a 223 violation.

    IF you believe this "sexual harassment" rises to criminal threats and or some type of state "criminal stalking" statute, then contact the local authorities. Although a state AG can handle criminal cases for the state at times, it is one where the state has a compelling interest, not really a local matter.

    from your 1st post:


    "The site owner refuses to remove the offending posts- arguing that it is a first amendment issue. This site has received attention on many campuses (including some of the Ivy Leagues) around the country. The schools have opted to not block the site from their servers due to "free speech" protection".


    The 1st AM is not absolute in nature and does NOT protect obscenity, fighting words or de facto sexual harassment. Since I do not know the exact choices of words, it's hard to say why they feel it is protected speech??


    Contact the College administration with this information. They have a duty to investigate when such sexual harassment complaints are evident. They need not be stated "in person" to her in order to trigger any civil or criminal law.

    Whether they are sent from campus OR by a student off campus, the college has investigative jurisdiction. They also, by and through thier attorney's, can subpeona an IP address if they can provide a legal basis.

    If any new developments come to light, post them.

    If she can find no solace in the "system", then she needs some reinforcements. She can gather her freinds and try to find a way to legally outwit him, if she wants to go that far.

    Best wishes,

    BOR *Bill of Rights*

  5. #5

    Default Re: Internet Sexual Harassment

    I'm not entirely sure what legally constitutes "sexual harassment," but I know that repeatedly posting a young woman's first and last name on a website and discussing her body parts, undergarments, class schedule, etc... is a form of stalking- and creates an increased space of danger on a college campus. There is a good deal of research regarding sexism on the internet and research that outlines the increased risk of threat to women's safety on college campuses.

    I've come to the realization that there are serious loopholes in the law that the owner of this site is using to get around facilitating sexual harassment. I'm currently at a loss. Maybe what is needed is not exercise of current law, but implementation of new law.

    1. Sponsored Links
       

Similar Threads

  1. Internet Harassment
    By restrained in forum Orders of Protection
    Replies: 1
    Last Post: 04-22-2011, 04:00 PM
  2. Harassment: Internet Harassment
    By Gamer777 in forum Criminal Charges
    Replies: 16
    Last Post: 09-17-2008, 04:53 AM
  3. Libel: Internet Libel and Cyber-Harassment
    By bluemoves in forum Defamation, Slander And Libel
    Replies: 7
    Last Post: 03-25-2007, 06:16 AM
  4. Defamation: Internet Sexual Harassment
    By ajmunn in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 02-27-2006, 08:30 AM
  5. Harassment: Internet sexual harassment
    By erath0714 in forum Employment and Labor
    Replies: 6
    Last Post: 05-12-2005, 01:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources