How do you respond to blackmail

By Yair Cohen, Solicitor specialising in internet law

If you are being blackmailed, the way to respond is to stop engaging, preserve the evidence, and not pay. Paying almost never ends it; it tells the blackmailer the threat works, and a second demand usually follows. The faster and safer route is to take specialist advice: we can apply for an emergency injunction to stop the material being published, ask the court to keep your identity anonymous, work to identify who is behind the threat, and press the platforms to take content down, often within a day or two.

You do not have to go to the police first, and many clients prefer not to. Coming to a solicitor first keeps your private messages and images within a confidential legal relationship, and your anonymity can usually be protected before the matter becomes any kind of public record. This guide explains how to respond, scenario by scenario, and what the law can do for you. For the wider picture, see our page on internet blackmail and sextortion.

What are the warning signs of Sextortion?

Sextortion is a type of online sexual exploitation where perpetrators threaten to disclose intimate or sexually explicit images or videos of the victim if they do not comply with their demands. It is a form of blackmail that can have severe emotional, psychological, and even financial consequences for the victim. As such, it is crucial to be aware of the warning signs of sextortion to prevent it from happening and to seek help if it does.

The warning signs of sextortion may include receiving unsolicited messages or friend requests from strangers or people pretending to be someone they are not. Perpetrators may also use flattery, manipulation, or coercion to gain the victim's trust and make them feel comfortable sharing personal information or intimate images.

In addition, sextortionists may use threats, intimidation, or blackmail to force the victim into complying with their demands One of the warning signs of an impending sextortion scam is a request for money transfer via PayPal from someone you have met online or from someone you have had a short-term intimate relationship with. Scammers often take advantage of people's vulnerability and trust and use various tactics to manipulate their victims into sending money or compromising content.

One of the most common methods used by extortionists is to request payment through PayPal, which can inadvertently disclose sensitive personal information to the extortionist. This includes details such as your full name and email address, which can be used to dig out even more information about you, such as your home address and contact details. The amount first requested by the extortionist is often very small as what they are really after, is the personal data that will arrive together with he payment confirmation.

Should I ignore Sextortion UK

Deciding whether or not to ignore sextortion in UK cases will depend on the specific circumstances of each case. Ignoring sextortion may work in some situations, as the blackmailer might move on to other targets if they do not receive the response they are seeking. However, this approach also carries significant risks, as the blackmailer might escalate their threats or follow through on them. Seek legal advice. Contact a solicitor or legal expert who specialises in cybercrime or privacy law.

They will be able to guide you through the process of protecting yourself and your rights, as well as potentially identifying and prosecuting the blackmailer. A solicitor will provide valuable guidance and support to a victim of sextortion in several ways. Their expertise in law, specifically in areas related to cybercrime and privacy, can help the victim make informed decisions on how to proceed. Here are some ways a solicitor can help:

• Assess the situation: A solicitor will carefully review the details of the case, including the nature of the threats and any evidence collected, to determine the most appropriate course of action. They will help you decide whether ignoring the sextortionist is the best strategy or if other actions should be taken. We have lawyers who specifically specialise in proving victims of sextortion with legal help and advice. 
• Legal advice: A solicitor will explain to you your legal rights and the potential consequences of different actions, such as paying the ransom, negotiating with the blackmailer, or reporting the incident to the authorities. They will provide guidance on the pros and cons of each approach, helping the victim make an informed decision.
• Reporting to the authorities: If the decision is made to report the incident, your solicitor will help you navigate the process, including preparing statements, collecting evidence, and liaising with law enforcement agencies. They will also ensure that your privacy rights are protected throughout the investigation.
• Obtaining restraining orders or injunctions: In some cases, a solicitor will help you obtain a court order or blackmail injunction to prevent the blackmailer from sharing explicit content or making further threats. This can provide a level of legal protection and deter the sextortionist from continuing their actions. The solicitor can also apply for various disclosure orders to reveal the full identity of your extortionist so that the can be dealt with directly in a way that is you feel is right.
• Negotiating with the sextortionist: Although it is not always advisable, in rare cases, your solicitor may recommend negotiating with the blackmailer to reach a settlement. They will provide guidance on how to communicate with the sextortionist and ensure that any agreements reached are legally enforceable.

By working with a solicitor, a victim of sextortion and other forms of online blackmail can make more informed decisions about how to handle their situation, and whether to ignore the sextortion or take other steps to protect their privacy, identity and other interests.

What happens if you ignore a blackmailer

Ignoring a blackmailer in a sextortion case can be a risky move. The blackmailer may become more aggressive and persistent in their demands, threatening to release the compromising material if their demands are not met. They may also share the material with others, causing embarrassment and damage to the victim's reputation. In some instances, the blackmailer may even resort to physical violence or stalking.

However, it is important to remember that giving in to the blackmailer's demands and paying them will not guarantee that they will delete the material or stop blackmailing you. It may even encourage them to continue targeting you or others.

The best course of action, if you receive a blackmail threat, is to seek immediate legal advice and take steps to secure the evidence as well as your online accounts and personal information. It can be a scary and stressful situation, but seeking legal help and taking action can help protect yourself and others from the consequences of sextortionists carrying out their threats.

What advice would you give at the very outset?

In our experience, the first few hours matter more than almost anything else you do, and the reason is the emergency injunction. If you come to us while the threat is still fresh, we can often apply to the court the same day for an order made ex parte – that is, on your evidence alone, without notice being given to the blackmailer – forbidding them from disclosing the material. The element of surprise is part of why it works: someone who does not know an application is coming cannot rush to publish before the order is in place. Timing genuinely changes what is possible, though. Where a threat has been hanging over you unchanged for weeks or months and nothing has actually happened, a court may not regard the matter as urgent and may require you to give the blackmailer notice first, which is slower and tips them off. These distinctions are technical and the law here is complex, so the most useful single step is to take specialist advice straight away rather than wait to see what happens.

While that is being arranged, try to buy yourself a little time. You do not need to refuse outright or provoke a confrontation; in most cases a calm, non-committal response – that you are thinking it over, or need a few days to arrange anything – will be accepted, simply because the blackmailer is hoping to be paid and an impatient threat risks losing them the payday. Use that time to get the legal steps moving, not to find the money. Beyond that the principles are straightforward: stay calm, because the urgency is something the blackmailer manufactures to stop you thinking clearly; do not pay; do not delete anything, since the messages, profiles and payment requests are the evidence the court will want to see; engage as little as possible, rather than not at all, and only in the measured, time-buying way just described; tighten your account security so they cannot reach further into your life; and take legal advice before going to the police, so your anonymity can be protected from the start.

Do extortionists move on

Eventually, yes. Extortionists, including those involved in sextortion, may or may not move on to other targets depending on various factors, such as their personal motivation, risk assessment, and the response from their victims. In some cases, extortionists might move on if they do not receive the response they are seeking or if they perceive that the victim is unlikely to comply with their demands. They may calculate that it is more efficient to focus their efforts on other potential victims who may be more vulnerable or easier to manipulate.

However, there is no guarantee that an extortionist will move on, and they may escalate their threats or follow through on them if they believe it will increase their chances of success. In some cases, they may become more persistent or aggressive, especially if they feel that the victim is resisting their demands or challenging their authority.

Many victims report continued threats and demands even after paying the initial ransom or fulfilling the sextortionist's requests. Since there is no waterproof way to predict an extortionist's behaviour, it is crucial for victims to take the situation seriously, seek legal advice, and consider reporting the incident to law enforcement.

Taking appropriate action and following expert guidance can help protect the victim and potentially prevent the extortionist from causing further harm.

Is sextortion a big deal

Yes, sextortion is a big deal and often is an operation which is run by professional criminals. Blackmail and sextortion are serious and harmful forms of online harassment that can have lasting negative consequences for the victim. It has the potential of breaking up families, devastate one’s reputation and cause substantial financial and emotional distress to the victim. The impact of sextortion can be significant and wide-ranging, including:

• Emotional distress: Victims of online blackmail and sextortion may experience feelings of fear, shame, guilt, and powerlessness. The stress and anxiety associated with the threats can have a lasting impact on their mental health and well-being.
• Financial loss: If victims pay the ransom or comply with other financial demands, they may experience financial strain or loss as a result.
• Reputation damage: If the explicit content is released, it can lead to severe harm to the victim's personal and professional reputation. This may have long-term implications for their relationships, career prospects, and overall social standing.
• Legal consequences: Depending on the specific circumstances and jurisdiction, sextortion may have legal consequences for both the perpetrator and the victim, especially if the content involves minors or breaches privacy laws.
• Cybersecurity risks: Sextortion schemes often involve hacking or unauthorized access to personal information, which may put the victim at risk for further cyberattacks or identity theft although in most cases, the information that is used to blackmail the victim was given to the extortionist by the victim himself.

Due to the serious nature of sextortion and the potential harm it can cause, it is essential for victims to take the situation seriously, seek legal advice, and consider reporting the incident to the appropriate authorities.

How do I get out of sextortion

Rest assure. There is nearly always a safe way out for victims of online blackmail and sextortion. Getting out of sextortion can be a challenging and complex process, as there is no one-size-fits-all solution. The most effective course of action will depend on the specific circumstances of the case.

However, you must remember that the situation can successfully be dealt with even though you might feel hopeless when faced with sextortion for the first time.

The first step to get out of sextortion is to stay calm: Keep a level head and avoid making impulsive decisions that might worsen the situation. Think rationally and focus on finding the best way to address the issue.

Delay communication with the extortionist for as long as possible, at least until you seek legal advice. This could be arranged for very quickly with our law firm.

Try to gather evidence. Collect and save all messages, emails, or other communication from the perpetrator, as well as any other relevant evidence, such as screenshots or photos. This will be useful for your conversation with your lawyer.

Consult a legal expert: Reach out to a specialist solicitor or legal professional who specialises in blackmail and extortion and in protecting the victim’s identity and information. It is important to have a sensible conversation with someone who will also be able to provide you with some emotional support as the situation you are facing is likely to be extremely stressful.

To make the sextortion go away you will need to be able to make clear and informed decisions. Remember, each sextortion case is unique, and the best course of action will depend on the specific circumstances. By taking appropriate action, seeking professional advice, and reporting the incident to authorities, you can increase your chances of successfully navigating this difficult situation and minimising the harm caused by the sextortionist.

The crime is in the threat and the demand, not in the secret. Whether what the blackmailer threatens to reveal is true or false, embarrassing or innocent, the law treats you as the victim, not the wrongdoer.

What crime is blackmail in the UK

In the UK, blackmail is a criminal offence under Section 21 of the Theft Act 1968. The crime of blackmail involves making unwarranted demands with menaces, intending to gain for oneself or another or to cause loss to another. The key elements of blackmail under the Theft Act are:

1. A demand: The perpetrator must make a demand, whether it is for money, property, actions, or any other form of gain
2. Menaces: The demand must be accompanied by a threat, which can be either explicit or implicit. Menaces can include threats of physical harm, damage to property, exposure of secrets, or any other action that would cause the victim fear, distress, or financial loss.
3. Unwarranted: The demand must be considered unwarranted, meaning it is not justified by any existing legal right or authority. In other words, the perpetrator is not entitled to make the demand.
4. Intent: The perpetrator must have the intention to make a gain or cause a loss. This means they must be seeking some form of benefit for themselves or another person or trying to cause harm to the victim. If someone is found guilty of blackmail, they can face severe penalties, including imprisonment.

What is the minimum sentence for blackmail in the UK

In the UK, there is no fixed minimum sentence for blackmail, as the sentencing is determined on a case-by-case basis. The court will consider various factors, such as the severity of the crime, the harm caused to the victim, the perpetrator's criminal history, and any mitigating or aggravating circumstances.

While the maximum sentence for blackmail under Section 21 of the Theft Act 1968 is 14 years in prison, the actual sentence can range from a community order or fine to a lengthy prison term, depending on the specific details of the case. The sentencing guidelines for blackmail in England and Wales provide a range of starting points and category ranges based on the culpability of the offender and the harm caused. The court will use these guidelines, along with the individual circumstances of the case, to determine an appropriate sentence.

What is the punishment for sextortion in the UK?

In the UK, sextortion is not explicitly defined as a separate criminal offence but can be prosecuted under various existing laws, depending on the specific circumstances of the case. Some relevant laws that can be applied to sextortion cases include:

Blackmail

Harassment

Malicious Communications

Coercion and control

Revenge porn

Blackmail: (Section 21 of the Theft Act 1968): Blackmail involves making unwarranted demands with menaces, intending to gain for oneself or another or to cause loss to another. The maximum sentence for blackmail is 14 years in prison.

Harassment: (Protection from Harassment Act 1997): Harassment involves engaging in a course of conduct that causes another person alarm or distress. In severe cases, harassment can lead to a restraining order or imprisonment for up to six months, or both. You can access  more specialist legal advice on online harassment here

Malicious Communications: (Section 1 of the Malicious Communications Act 1988): This law covers the act of sending electronic communications with the intent to cause distress or anxiety. Offenders can be punished with imprisonment for up to two years, a fine, or both.

Coercion and control: (Section 76 of the Serious Crime Act 2015): This legislation applies to cases where a person repeatedly or continuously engages in behaviour that is controlling or coercive towards another person. The maximum sentence for this offence is five years in prison.

Revenge porn: Offenses involving the non-consensual distribution of intimate images, also known as "revenge porn" (Section 33 of the Criminal Justice and Courts Act 2015): This offence is committed when someone shares private sexual images or videos of another person without their consent and with the intention of causing them distress. The maximum sentence for this crime is two years in prison. You can find more about revenge porn legal advice and information here

The punishment for sextortion in the UK will depend on the specific offence (s) the perpetrator is charged with and the circumstances of the case. Sentencing will consider factors such as the harm caused to the victim, the severity of the threats, and the perpetrator's criminal history.

What to do if someone is blackmailing you with photos

If someone is blackmailing you with photos, the first thing you should do is try to stay calm and avoid reacting impulsively. Take some time to assess the situation and gather evidence, such as screenshots or emails, that may be helpful if you decide to report the blackmail to law enforcement. It's important to remember that you have rights and there are resources available to help you.

Next, consider reaching out to a trusted friend or family member for support. It can be overwhelming to deal with blackmail alone, and having someone to talk to can make a big difference.

Additionally, you may want to contact a lawyer for legal advice and emotional support. A good lawyer will help you understand your legal options and provide guidance on how to deal with the situation. Remember, you are not alone and there are people who can help you get through this.

I am being blackmailed over private videos. How do I stop it?

The priority is to stop the videos being circulated, and to do it quickly. Do not engage with the demands and do not pay, but do preserve everything: the messages, the account, the threats and the videos themselves are your evidence. A specialist solicitor can then move at speed, applying for an emergency privacy injunction that can be granted within hours and served on the social media platforms and search engines, requiring them to take the material down or block it before it is ever posted. In parallel we report the offending account to the platform, which will usually suspend it for non-consensual intimate content. The law treats private videos as your personal data and as private information in which you have a reasonable expectation of privacy, so the grounds to stop publication are strong, whether the footage was recorded by you or captured or faked by the blackmailer.

I am a victim of extortion and someone is threatening to send embarrassing content to my family. What should I do?

Do not give in to the demands, and document every communication: extortion almost always escalates when it is paid, not when it is resisted. Extortion is both a criminal offence and a civil wrong, and that civil dimension is what gives you fast protection. Treated as harassment, misuse of private information and a breach of your data rights, it lets us apply for an emergency harassment or privacy injunction under the Protection from Harassment Act 1997, sometimes obtained from the High Court within hours, which forbids the blackmailer from contacting you or sending anything to your family and binds the platforms not to carry the material. Acting decisively also changes the dynamic: many of these operations are run by organised criminal networks, who tend to move on once they see they are dealing with solicitors and a court order rather than a frightened individual. If the threat involves intimate images, see our guidance on what to do if someone is blackmailing you for sex.

Can blackmail be reported to the police

If you are a victim of blackmail, it is important to know that you can report it to the police. However, it is also important to understand that the police may not be able to provide immediate assistance and the resolution process may take a long time. This is because blackmail cases often require a thorough investigation, which can be time-consuming.

Unfortunately, if you decide to report the blackmail to the police from the outset, you might find that the police have limited resources to handle cybercrimes, including blackmail. Depending on the severity of the case and the presence of more urgent or high-profile cases and depending on whether you are an individual with a high public profile, the police might be able to provide immediate assistance and devote significant resources to your case.

Most people will find that when they report online-related blackmail to the police, the police would find it difficult to identify perpetrators: In some instances, identifying the blackmailer can be difficult, especially if they are using anonymising tools or are located in a different jurisdiction. This can make it challenging for the police to track down and apprehend the perpetrator.

Will sextortion go away

Yes. Sextortion may eventually go away, but the timeline and outcome can vary significantly depending on various factors. It is essential to take the situation seriously and seek legal advice as soon as you realise you may be a victim of sextortion.

Here are some reasons why sextortion may eventually subside:

Involvement of police

Involvement of lawyers

Fear of identification

Easier targets

Involvement of police: Reporting the incident to the police can help authorities investigate the case and potentially track down the sextortionist. If the perpetrator believes that law enforcement is involved, they may decide to stop their actions to avoid getting caught.

Involvement of lawyers: When a victim seeks legal advice, a solicitor or legal expert can help protect their rights and potentially take legal action against the perpetrator. The knowledge that the victim has sought professional advice may deter the sextortionist from continuing their actions.

Fear of identification: As the sextortionist becomes increasingly concerned about being identified and prosecuted, they may choose to discontinue their actions to avoid getting caught. This can be due to pressure from law enforcement or other external factors.

Easier targets: Sextortionists and other blackmailers may decide to move on to other potential victims who appear more vulnerable or easier to manipulate. If they perceive that their current target is not complying with their demands or has taken steps to protect themselves, they may abandon their efforts and focus on someone else. However, there is no guarantee that sextortion will go away on its own, and it is crucial to take appropriate action to protect yourself. By seeking legal advice, reporting the incident to the police, and strengthening your online security, you can minimize the impact of sextortion and increase the chances of a successful resolution.

Has anyone been a victim of sextortion

Yes. we know of dozens of normative individuals who had been victims of sextortion. You can read some of the case studies on online blackmail on our websites. Unfortunately, this type of crime has become increasingly common, particularly due to the prevalence of online communication channels such as social media and dating apps.

Victims of sextortion can include individuals of all ages, genders, and backgrounds, and the impact can be devastating. At Cohen Davis, we have worked with dozens of normative individuals who have fallen victim to sextortion.

Through our work, we have been able to gather important data and insights into the nature and impact of sextortion, the perpetrators and the most likely methods and strategies to help victims of sextortion make the blackmail go away. Read case studies on how other victims of sextortion have handled their situation.

What it costs to deal with a blackmailer

Every matter starts with a consultation with a solicitor, so you know where you stand before committing to anything further. On that call we give you an honest view of whether an injunction is realistic, the likely route, and what it should cost. How much a matter costs depends on what it takes to resolve: some end with a single firm legal approach to the blackmailer, others need an emergency injunction, and a few need identification work as well. For the business-facing and high-profile side of this work, our UK blackmail lawyer page explains how we act for companies and individuals facing extortion.