Abstract
The proliferation of online dating scams or fraud has presented a significant threat to users of online dating platforms globally. Scammers misrepresent themselves as would-be lovers, usually employing false identities, in order to defraud unsuspecting victims of large sums of money. Not only do romance scammers cause great financial harm to their victims, but also often leave victims with long-term psychological scars. As both the common law and the Cybercrimes Act 19 of 2020 address instances of fraud, both may potentially be employed to address the issue of online dating fraud. The State may charge an accused with both offences, but a conviction based on both would probably constitute a duplication of convictions. The offence of cyber fraud under the Cybercrimes Act may however be more onerous to prove, owing to the particular way that cyber fraud must be committed under section 8. A conviction based on the Cybercrimes Act may, however, be more attractive to the State as certain minimum sentences apply, depending on the amount defrauded, whether the accused was a law enforcement officer, whether someone was in charge of or had access to the data belonging to others, and whether the offence was committed in concert with others.
Published Version (
Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
