Sexting

The word sexting comes from a blending of the words “sex” and “texting.” It means sending and receiving text or voice messages, photos or videos with intimate or sexual content. 

Sexting has become part of young people’s sexual development and is a form of intimate communication over digital media. Young people engage in sexting to explore and strengthen sexual or romantic relationships. It is a common occurrence between adolescent couples, where sharing intimate messages is often seen as an expression of trust. Outside of romantic relationships, sexting is often used to express romantic or sexual interest.

Sexting with one’s relationship partner can be exciting, but it must always be done by mutual consent. Legally, the exchange of erotic content between minors with a maximum three year age difference is exempt from punishment, as long as both parties consent.

Sexting involves the exchange of sex-related texts, images or videos via digital media. Young people like sending their sweethearts pictures of themselves, accompanied by sexual innuendo. To ensure that they do not become liable to prosecution, young people have to follow these rules: 

Sexting with a minor (younger than 18 years) is only exempt from punishment for the recipient if: 

• Both parties are in agreement
  
• No money, other benefits or gifts are offered in exchange for sexual content
  
• Nobody feels blackmailed, threatened or harassed
  
• The sexting content is not distributed to any third parties
  
• The age difference between the two people involved is no more than three years
  
• The participants know one another personally. An online acquaintance whom you have never met in real life does not qualify as someone you know personally. 

The recipient is punishable if: 

• The creator is forced, blackmailed or threatened into creating and sending the image
  
• The age difference between the two people involved is more than three year
  
• Money, other benefits or gifts are offered for the message
• The sexting content is distributed to third parties
  
• The two participants do not know one another personally

The creator/sender is not liable to prosecution if he or she is under age and the recipient agrees to the sexting. 

• Know what the law says about sexting 
• Avoid sending intimate content of yourself. Even someone you trust can use these images against you. 
• Don’t accept friend requests from people you don’t know. 
• Do not let strangers convince you to send intimate content.

• If you need additional information and support, visit clickandstop.ch, an independent project where you can file a report and get advice anonymously. 
• Under no circumstances should you give in to the extortionist’s demands (e.g. by taking and sending photos or sending money.) 
• Go to the police as soon as you can after an incident and report it. Bring evidence with you if possible. Please note:
  • Do not save, share or edit photos or videos containing child pornography! Not only is making anything that contains sexual acts with minors prohibited – so is possessing or sharing it. Therefore, do not ask to be sent photos and videos with the intention of saving them on your cellphone as evidence. 
  • Take cellphones or tablets with such images to the police.
  • Compile any information you have on the perpetrator(s), such as: 
    • Perpetrator's username through screenshots which contain the registered name and photo overview of the perpetrator’s account. Record the date and time that the screenshots were made.
    • Details for sending money (e.g. bank accounts) in cases of extortion.
    • Email addresses, telephone numbers used, etc.
      
• Do not block/report the account on the platform until after the police have secured the evidence. This will allow the police to investigate/secure the extortionist’s account. 
• Sometimes sexualized violence or extortion attempts are even carried out by classmates. If need be, inform teachers or school social workers about the situation and find out what legal action you can take (link to more information). 
• Use the anonymous and free Take It Down service to prevent images from being shared on various platforms.

• Clickandstop
• Police
• Victim support centers