Cyberflashing: Consent, Reform and the Criminal Law

McGlynn, Professor Clare

Abstract

In the context of growing calls for a new law criminalising cyberflashing – the digital distribution of penis images to another without consent – this article makes the case for a comprehensive, ‘consent-based’ criminal offence specifically targeting cyberflashing. It justifies this approach by examining the core wrongs of cyberflashing and suggests draft legislative text for such an offence. In making this case, the article analyses and rejects the Law Commission’s recent proposal for a ‘motive-based’ cyberflashing law. Ultimately, it is argued that while the Law Commission's proposal is a welcome recognition of the harms of cyberflashing and need for reform, it does not go far enough to offer the redress victim-survivors are seeking, nor does it provide an appropriate normative foundation for education and preventative initiatives.

Citation

McGlynn, P. C. (2022). Cyberflashing: Consent, Reform and the Criminal Law. Journal of Criminal Law, 86(5), 336-352. https://doi.org/10.1177/00220183211073644

• Journal Article Type: Article
• Acceptance Date: Dec 18, 2021
• Online Publication Date: Jan 18, 2022
• Publication Date: 2022-10
• Deposit Date: Jan 19, 2022
• Publicly Available Date: Jan 19, 2022
• Journal: The Journal of Criminal Law
• Print ISSN: 0022-0183
• Electronic ISSN: 1740-5580
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 86
• Issue: 5
• Pages: 336-352
• DOI: https://doi.org/10.1177/00220183211073644
• Public URL: https://durham-repository.worktribe.com/output/1216807