Image-Based Sexual Abuse

McGlynn, Clare; Rackley, Erika

Abstract

Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and mental illness, together with the loss of dignity, privacy and sexual autonomy, combine to constitute a form of cultural harm that impacts directly on individuals, as well as on society as a whole. While recognising the limits of law, we conclude by considering the options for redress and the role of law, seeking to justify the deployment of the expressive and coercive powers of criminal and civil law as a means of encouraging cultural change.

Citation

McGlynn, C., & Rackley, E. (2017). Image-Based Sexual Abuse. Oxford Journal of Legal Studies, 37(3), 534-561. https://doi.org/10.1093/ojls/gqw033

• Journal Article Type: Article
• Acceptance Date: Nov 16, 2016
• Online Publication Date: Jan 31, 2017
• Publication Date: Jan 31, 2017
• Deposit Date: Nov 16, 2016
• Publicly Available Date: Jan 31, 2019
• Journal: Oxford Journal of Legal Studies
• Print ISSN: 0143-6503
• Electronic ISSN: 1464-3820
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 37
• Issue: 3
• Pages: 534-561
• DOI: https://doi.org/10.1093/ojls/gqw033
• Public URL: https://durham-repository.worktribe.com/output/1371594