Imagine being trapped in a situation where you are forced to engage in sexual acts in exchange for a job, performance assessment, academic grade, or even your freedom. This is the reality of sextortion, a hidden crime that thrives in the shadows of authority and exploitation.

The International Association of Women Judges (IAWJ) defines sextortion as ‘a form of sexual exploitation and corruption that occurs when individuals in positions of authority-such as government officials, judges, educators, law enforcement personnel, or employers-seek to extort sexual favours in exchange for something within their power to grant or withhold. Essentially, sextortion is a form of corruption where sex, rather than money, is the currency of the bribe’.

This definition highlights two key components: corruption and sexual abuse. The perpetrator abuses their entrusted power for personal gain, which can manifest as an abuse of authority, quid pro quo (a favour or advantage granted in return for something) and/or psychological collusion.

Sextortion can affect anyone. However, certain groups are disproportionately impacted.

Transparency International’s report ‘Breaking the silence around sextortion: the link between power, sex and corruption’ finds that women are particularly vulnerable, though minors, men, transgender, and gender non-conforming individuals are also at risk.

In Trinidad and Tobago, sextortion is not explicitly recognised as a distinct offence. Instead, there is a poor fit into existing legislation, which leaves gaps for perpetrators to exploit. For example, Section 3 of the Prevention of Corruption Act, Chapter 11:11, could be stretched to include sexual favours as a ‘reward or advantage whatsoever’.

However, utilising this act presents two significant challenges. First, the act is limited to individuals in public bodies, public offices or State enterprises, leaving the private sector unprotected. Second, since the act criminalises both the giving and receipt of corrupt advantages, there is a risk that victims could themselves be prosecuted.

The above-mentioned report by Transparency International notes that pressing charges against a vulnerable victim serves no public interest. However, relying on prosecutorial discretion to protect victims remains a precarious and potentially dangerous approach.

Prosecuting sextortion under the Sexual Offences Act, Chapter 11:28, poses its own challenges. Proving a lack of consent or convincing a judge or jury of this may be difficult. Furthermore, the act was not designed with sextortion’s complexities in mind, leaving prosecutors to navigate significant hurdles when trying to fit these cases into the existing legal framework.

Addressing sextortion is not only a matter of legal reform but also a crucial step towards safeguarding the rights and dignity of all individuals in Trinidad and Tobago.

Tackling sextortion is essential to achieving Sustainable Development Goal (SDG) 5, which emphasises gender equality, as well as SDG 16, which advocates for peace, justice, and strong institutions. SDG 16 stresses the importance of fostering inclusive societies for sustainable development, ensuring justice for all, and building effective, accountable institutions at all levels.

By acknowledging and addressing this hidden crime, we can foster a society where power is not abused, and every person can live free from the threat of exploitation. With this in mind, it is critical to enact and implement legislation to combat sextortion in Trinidad and Tobago.

Andiesa Weste attorney-at-law