Minister wants to close legal loophole in cases of sadistic manipulation
There is a grey area when victims are manipulated into self-harm. Therefore, new legislation is on its way.
18 minutes ago
When a child is manipulated into committing self-harm, there is a risk that the perpetrator cannot be punished.
This is according to, among others, Professor of Criminal Law and Criminal Procedure at Aarhus University Nicolaj Sivan Holst, after DR revealed on Tuesday that two Danes are behind a worldwide sadistic network where children are manipulated into, among other things, harming themselves.
Today, it is illegal to groom children, but the definition of the term implies that it is with a sexual purpose.
But when it comes to self-harm, the picture is more muddled, says Sivan Holst.
- I will not rule out that you can find situations where one might say the self-harm perhaps happened "voluntarily", but that the person was manipulated into it.
- If you can imagine a situation where someone manipulates someone else into doing it, then we are in an area that is difficult.
Minister of Justice Nicolai Wammen (Social Democrats) acknowledges that there may be a loophole, and he now wants to close it.
- Today, it is illegal to force someone to perform these actions. But if you lure someone into it, it is not certain you will be punished. I want to change that, he says.
DR can report today that two Danes with the usernames 'Chax' and 'Saw' have led a sadistic online network called 1414. This is confirmed by Europol.
According to Europol, victims through the network are blackmailed into writing their blackmailer's username with their own blood or carving the username or the group's name into their own skin. This is known as bloodwalls and cutsigns.
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Save the Children: Complex area
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At Save the Children, they are also open to looking at the legislation.
But according to psychologist Mia Lind Winther, it is a complex area because it is often children who commit crimes against other children.
Therefore, Save the Children calls for looking at all the factors that help support a culture that glorifies violence.
- And we must ensure that we offer help to those who may be particularly vulnerable, and that we offer help to those who have also been caught up.
- In these environments, the boundaries between victim and perpetrator are also unclear, because those who are manipulated and pressured into this environment can also be manipulated and pressured to be the next ones to go out and find new victims, says Mia Lind Winther.
Nicolai Wammen concedes that there may be "unfortunate cases" behind the perpetrators.
- That just does not change the fact that there must be consequences if you lure other children and young people into harming themselves.
- However, at the same time, we must also implement preventive efforts to prevent young people who have been subjected to these terrible things from passing it on to others, says the minister.
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Tip us
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P3 TV and DR Documentary are in the process of making a documentary about the 1414 network. Do you have experience with this yourself? Or do you know something? Then write to [email protected]. All inquiries are treated confidentially.
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Politicians ready for change
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Elsewhere in Christiansborg, people are appalled by the network, and several politicians believe the legislation should be reviewed.
Among them is legal spokesperson Morten E.G. Braustch from the Moderates.
- But you always have to think carefully when you want to change the criminal code, because you risk cases where ordinary cheekiness among children and young people, where someone challenges others to do something they do not want, becomes criminalized.
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What is "unlawful coercion"?
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* Section 260 of the Criminal Code prohibits forcing others to do, tolerate, or refrain from something by means of violence or certain types of threats.
* The penalty is a fine or imprisonment for up to two years, but in practice the penalty is lower.
Nicolaj Sivan Holst from Aarhus University agrees with that consideration, because according to him, you risk criminalizing situations that are not intended.
- If you want to criminalize this area, you also have to be aware of personal freedom. Can you really criminalize someone doing something to their own body? he asks rhetorically.
Venstre's group chairman, Morten Dahlin, is more clear in his statements regarding tightening the legislation.
- I think there is a very big difference between pranks and fun internet culture and outright self-harm.
- That is why we believe the grooming clause should be expanded, so that you can also go after these people if they groom children and young people into self-harm, he says.
SF's legal spokesperson, Astrid Carøe, agrees and states that "we need to look into this".
- I think it is completely absurd if some of the things that should be illegal are not, she says.
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