Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse

McGlynn, Clare

Abstract

In recent years, governments across the world have introduced new criminal laws to tackle online abuse, particularly criminalising the non-consensual taking and/or sharing of nude or sexual images, often referred to as image-based sexual abuse. Such laws have largely been driven by a focus on paradigmatic cases of wrongdoing which often engender significant impacts on victim-survivors. Far less attention has been given to the scope and outer limits of such offences, addressing questions as to the extent to which they may or may not criminalise activities at the margins of criminal wrongdoing. At a time when image-based sexual abuse laws are being reviewed in many countries, and questions are increasingly being asked about the role and value of criminalisation, this chapter examines the margins of criminalising image-based sexual abuse. In particular, it provides the first detailed analysis of the criminalisation of ‘downblousing’ specifically and argues that while this is an intrusive activity which interferes with the privacy and autonomy of victims, not all forms of ‘downblousing’ should be subject to criminal sanctions.

Citation

McGlynn, C. (2023). Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse. In The Criminalization of Violence Against Women Comparative Perspectives. Oxford University Press

• Online Publication Date: Nov 30, 2023
• Publication Date: Nov 30, 2023
• Deposit Date: Aug 17, 2024
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Book Title: The Criminalization of Violence Against Women Comparative Perspectives
• Chapter Number: 3
• Public URL: https://durham-repository.worktribe.com/output/2761177
• Publisher URL: https://global.oup.com/academic/product/the-criminalization-of-violence-against-women-9780197651841?cc=gb&lang=en&#