SEXUALLY EXPLICIT IMAGES: EXAMINING THE LAWFUL AND UNLAWFUL NEW FORMS OF SEXUAL ENGAGEMENT (original) (raw)
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Distribution of nude, intimate and sexualized images of individuals without consent and against the wishes of those individuals whose image has been captured, is of growing concern across the world. Moving from the conceptualization of 'revenge porn' in the early 2000's, through to our more sophisticated understanding of the issues of "image-based abuse" and "non-consensual pornography" this paper considers the broad context of these crimes. The paper draws on the concepts of online misogyny, gender-based victimization, and "toxic masculinity". The progress towards criminalization of such online abuse, with reference to the recent introduction of new laws in England & Wales and Australia is examined. This shift from voluntary to statutory regulation, and from civil to criminal law remedies has been coupled with new crime prevention and control initiatives that seek to encourage reporting leading to prosecution and educate users and empower victims. As countries successively tackle image-based abuse through their own criminal justice systems and stakeholder engagement, there is a need to learn from and critique what has already been established. Summarizing the approaches undertaken in England & Wales and Australia we draw important conclusions that are based on the experiences of early responders, bringing together several best practices for the prevention and response to image-based abuse. ________________________________________________________________________
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Scholars have long noted the role of the media in the sexualization of children and adolescents. However, with the advent of new media technologies such as the internet and cellular phones, children and adolescents are no longer merely consumers of this sexual ideology, but also creators of digital content that performs this ideology. Such content can range from the relatively tame “girls making out” images found on sites such as collegehumor.com to sexually explicit photographs transmitted through cellular phones within a circle of friends that draws the attention of law enforcement. In this essay, I discuss the practice of adolescent sexting (the practice of sending sexually explicit text messages) by reviewing some of the more prominent cases covered in the media; next, I explore the legal aspects surrounding the practice of sexting; finally, I consider the ethical issues surrounding sexting, exploring the issue of harm to both the individual and society by rooting the practice within a culture that celebrates, yet remains suspicious of, adolescent sexuality.
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Violation by way of the distribution of sexual images or imagebased sexual abuse or non-consensual “pornography”, or more colloquially and simply, “revenge porn”, entail the online, at times offline, non-consensual distribution, or sharing, of explicit images of someone else for seeking revenge, entertainment or political motives. Although male ex-partners are reported as the main perpetrators, current partners, (ex-)friends of both victims and perpetrators, people known to the victim, people seeking revenge for friends, internet hackers and trolls, amongst others, may also be involved (Tyler, 2016). The negative impact it has on victims is significant and profound in terms of physical and psychological health and well-being, as with many other forms of gender and sexual violence and abuse. Victims report a host of negative effects: feelings of humiliation, shame, embarrassment and reputation damage with intimate partners, family, friends, work colleagues and, in public; sexual shame, sexual problems and body image issues with intimate partners; education and employment disruptions; becoming paranoid and hyper-vigilant, and concerned for personal safety. For example, some have reported being stalked, harassed and threatened with gang rape because of their personal information was also made public. Some victims have even taken their own lives (Citron & Franks, 2014).
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The criminalisation of 'revenge porn' offending responds to the non-consensual distribution of intimate images. By smart device or computer, the ability to distribute images assumed to be private across public networks including social media has emerged as a serious twenty-first-century concern. Individual victims present as particularly vulnerable against the ability to disseminate images quickly. It can be a particularly heinous and harmful act, and removal of the offending images may not be guaranteed. Victims have previously been limited to older criminal offences of general application, in addition to civil law remedies ordering the removal of such images. Complexity and expense has often resulted in inaction. This article assesses the Australian context of 'revenge porn' criminalisation, arguing for a range of graduated and complementary responses from self-help to public education to the availability of a range of civil legal remedies and criminalisation.