STALKING & REVERSED STALKING
Engr. Antonio E. Jimeno, Jr., ECE
Valenzuela City, Philippines.
22 October 2013.
Stalking refers to an intentional act
committed by a person who, knowingly and
without lawful justification follows the
woman or her child or places the woman or
her child under surveillance directly or
indirectly or a combination thereof. [Sec.
3, (a) (D) (4)(d),
Republic Act 9262
An
Act Defining Violence Against Women and
their Children, Providing for Protective
Measures for Victims, Prescribing Penalties
Therefore, AND FOR OTHER PURPOSES].
Prohibited Acts:
Stalking or following the woman or her child
in public or private places [Sec. 5(h)(1)
Republic Act 9262].
Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child... [Sec. 5(h)(5)(i) Republic Act
9262].
PENALTIES:
Sec.
6. Penalties. The crime of violence against
women and their children, under Sec. 5
hereof shall be punished according to the
following rules:
Xxx
(f)
Acts falling under Sec. 5(h) and Sec. 5(i)
shall be punished by prision mayor.
If
the acts are committed while the woman or
child is pregnant or committed in the
presence of her child, the penalty to be
applied shall be the maximum period of
penalty prescribed in the Sec.
In
addition to imprisonment, the perpetrator
shall (a) pay a fine of not less than one
hundred thousand pesos (P100,000.00) but not
more than three hundred thousand pesos
(P300,000.00); (b) undergo mandatory
psychological counselling or psychiatric
treatment and shall report compliance to the
court.
STALKING, DEFINED.
Various countries have different definitions
of stalking. But what is common about these
various definitions is the act of putting
someone else under surveillance knowingly
and without lawful justification. The above
law discusses stalking committed to a woman
or her children as a form of violence.
Hence, in so far as the women or her
children is concerned, the act of stalking
is already punishable under that law.
However, due to the
advent of technologies such as short
messaging system (SMS), Internet, Social
Networking to name a few, stalking is now
carried out at a higher level. This time,
however, the stalker becomes and remains
anonymous. That is his intention. And
since one of the effect of stalking is the
infliction of reasonable substantial fear on
the part of the victim, such effect when
brought about by SMS and/or Internet
technologies is magnified for the stalker
can give his victim the impression that he
is just around the corner even when he is
situated afar. It is the fear of being
watched by an evil big brother that does
most of the damage, albeit, emotionally or
psychologically.
REVERSED STALKING IN RELATION TO ONLINE
STALKING:
While stalking puts you under surveillance,
Reversed Stalking is totally different. In
Reversed Stalking, the stalker steals your
identity online, either through a fake
Facebook, Twitter or Blog Account or a
combination thereof, adds your family
members, friends, peers and acquaintances,
schoolmates, batchmates, co-workers and
business contacts for two purposes: (1) to
gather information about you and your
activities, (2) to spread false information
about you as if the information is coming
directly from you, (3) to give opinions,
views or comment on other people's posts or
Facebook status, (4) to post status,
comments or tweets to instigate a debate or
trigger controversial issues, and (5) to
attack and malign other people using your
identity. Reverse Stalking puts the
perpetrator in control of your life, albeit
online. The perpetrator's insinuations will
invite other people to hate you and your
posts. People would think that it was you
all along that was maligning them or at
least annoying them through your posts and
comments.
In
Reversed Stalking, the perpetrator intended
to inflict the greatest damage on your
person and reputation when, after adding
your friends, peers and business contacts,
it spread malicious stories about you by way
of self-confession and revelations as if
these stories are coming from you when it is
not.
Imagine the reaction of people around you
when they read your posts: "I am a drug
addict." "I love killing dogs." or "I had
sex with my husband's best friend." Surely,
this sort of "self-confessions" came from
someone who stole you identity. That is the
Concept of Reversed Stalking. And the harm
is at its fullest when these malicious
posts, libellous articles written about you
find its way on top of the Google Search
Engine's Page Results.
REMEDIES:
1.
Remove these bad articles from the Google
Search Engine's Page Results
2.
Remove the fake Facebook, Twitter or Blog
accounts
3.
Trace its author
4.
Gather substantial electronic and
documentary evidence
5.
Bring the perpetrator to court and apply the
full force of the law.
These can be done. The author can be traced.
The libellous materials can be erased
totally from the Internet.
Call
+632 510-5581, 0917 445 9295 for technical
assistance.
Note:
Kudos to Atty. Rod Nepomuceno and Atty.
Karen Jimeno-McBride of the LEGALHD (HELP
DESK), Solar News Channel who invited me
yesterday for the taped interview of
their upcoming episode "STALKING AND
PERSONAL PROTECTION."
The
Legal Help Desk is a weekly, late-night
on-air legal consultation program that
provides viewers an idea on how the law can
be applied to their daily lives, by giving
practical advise concerning legal issues.
Engr.
Antonio E. Jimeno, Jr., ECE is a Cyber Crime
Consultant. He is a resource speaker in
various training and seminars to the
government agencies, Armed Forces of the
Philippines, Philippine National Police,
Private Corporations and Business Entities
as well as Schools and Universities since
1989. He also conducts training and seminars
on Ethical Hacking, Cyber Crime Forensics
and Techniques, Data Communication, Web Page
Design, Website Development, Website
Administration and E-Commerce among others.
Engr. Antonio E. Jimeno, Jr., ECE is also a
SEO Practitioner, specializing in removing
bad, malicious and libelous articles not only from the
search engines' page results but from the
Internet as well. Engr. Antonio E. Jimeno,
Jr., ECE founded the International Portal
Cyber Crime Complaint Center as well as
Online Reputation Management Philippines.
|