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Towards a New Criminal Offence of Intimate Intrusions

McGlynn, Clare

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Abstract

This article suggests a new approach to tackling women’s experiences of harm and abuse, particularly online, namely a criminal law of ‘intimate intrusions’. It seeks to reinvigorate Betsy Stanko’s (1985) concept of intimate intrusions, developing it particularly in the context of the ever-increasing prevalence of online abuse against women and girls, as well as establishing how this conceptualisation might manifest in law reform. Intimate intrusions, it is argued, provides a valuable umbrella concept that may better encompass both the range and nature of existing harms, as well as, crucially, the yet-to-be-imagined modes of abuse. Further, in suggesting a new criminal offence of intimate intrusions, this article challenges the common process of piecemeal criminal law reform, with each new manifestation of abuse resulting in a specific offence tackling that specific behaviour. While such an approach provides new redress options, it remains limited. Following an examination of recent reforms in Northern Ireland, where three distinct new criminal offences were adopted covering downblousing, upskirting and cyberflashing, this article suggests that the concept of ‘intimate intrusions’ provides a better foundation for a new criminal offence and outlines its potential nature and scope.

Citation

McGlynn, C. (2024). Towards a New Criminal Offence of Intimate Intrusions. Feminist Legal Studies, 32(2), 189-212. https://doi.org/10.1007/s10691-024-09547-y

Journal Article Type Article
Acceptance Date Mar 26, 2024
Online Publication Date Jun 13, 2024
Publication Date Jul 1, 2024
Deposit Date Jul 15, 2024
Publicly Available Date Jul 15, 2024
Journal Feminist Legal Studies
Print ISSN 0966-3622
Electronic ISSN 1572-8455
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 32
Issue 2
Pages 189-212
DOI https://doi.org/10.1007/s10691-024-09547-y
Keywords Technology-facilitated Sexual Violence, Intimate Intrusions, Intimate Image Abuse, Downblousing, Image-based Sexual Abuse, Upskirting, Online Abuse, Cyberflashing
Public URL https://durham-repository.worktribe.com/output/2598822

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http://creativecommons.org/licenses/by/4.0/

Publisher Licence URL
http://creativecommons.org/licenses/by/4.0/

Copyright Statement
This article suggests a new approach to tackling women’s experiences of harm and abuse, particularly online, namely a criminal law of ‘intimate intrusions’. It seeks to reinvigorate Betsy Stanko’s (1985) concept of intimate intrusions, developing it particularly in the context of the ever-increasing prevalence of online abuse against women and girls, as well as establishing how this conceptualisation might manifest in law reform. Intimate intrusions, it is argued, provides a valuable umbrella concept that may better encompass both the range and nature of existing harms, as well as, crucially, the yet-to-be-imagined modes of abuse. Further, in suggesting a new criminal offence of intimate intrusions, this article challenges the common process of piecemeal criminal law reform, with each new manifestation of abuse resulting in a specific offence tackling that specific behaviour. While such an approach provides new redress options, it remains limited. Following an examination of recent reforms in Northern Ireland, where three distinct new criminal offences were adopted covering downblousing, upskirting and cyberflashing, this article suggests that the concept of ‘intimate intrusions’ provides a better foundation for a new criminal offence and outlines its potential nature and scope.






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