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The man was having sexual conversations on social applications like Tagged with the minor. They exchanged photos including images of their genitalia. With social and online dating apps growing in popularity amongst youths and young adults, it is not uncommon for young users to have been on the receiving end of inappropriate remarks or requests, where sexual predators on such platforms may attempt to obtain sexual favours or nude photographs from young users.
There is nonetheless, no consistent statutory or legal definition of sexting. For instance, it is unclear if sexting is confined to messages between romantic partners, or whether photos sent under duress or pressure constitute sexting.
Section 8 of the CYPA criminalises sexual exploitation of a child or young person. It states that:. This means that should an accused send sexually explicit texts to young persons with the aim of procuring sexual intercourse or other explicit sexual favours, he may fall under section 8 of the CYPA.
It should be noted that where the young person is 16 years of age or above and below the age of 18 years, the offence requires that the victim either did not consent to the obscene or indecent act or the accused is in an exploitative relationship with the victim.
However, it is not necessary for the prosecution to prove that the victim did or did not consent to the obscene or indecent act. However, in some cases listed under section 8 8 of the CYPA , it is presumed until the contrary is proved that the relationship was exploitative where e. Repeat offenders will face higher penalties. Section E of the Penal Code , on sexual grooming, is another piece of legislation that aims to protect minors under Under section E of the Penal Code, any person of or above 18 years of age A is guilty of an offence if having met or communicated with another person B on at least one previous occasion:.