Skip to main content

Research Repository

Advanced Search

Cyberflashing: Consent, Reform and the Criminal Law

McGlynn, Professor Clare

Cyberflashing: Consent, Reform and the Criminal Law Thumbnail



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.


McGlynn, P. C. (2022). Cyberflashing: Consent, Reform and the Criminal Law. Journal of Criminal Law,

Journal Article Type Article
Online Publication Date Jan 18, 2022
Publication Date 2022
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


Published Journal Article (532 Kb)

Publisher Licence URL

Copyright Statement
This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License ( which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (

You might also like

Downloadable Citations