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Professor Clare McGlynn's Outputs (95)

Image-Based Sexual Abuse and EU Law: A Critical Analysis (2024)
Journal Article
Rigotti, C., McGlynn, C., & Benning, F. (online). Image-Based Sexual Abuse and EU Law: A Critical Analysis. German law journal, 1-22. https://doi.org/10.1017/glj.2024.49

In May 2024, the European Union adopted the Directive on violence against women and domestic violence, marking the first EU-wide binding legislation to address various forms of sexualized and gendered harm. This Article provides the first comprehensi... Read More about Image-Based Sexual Abuse and EU Law: A Critical Analysis.

Towards a New Criminal Offence of Intimate Intrusions (2024)
Journal Article
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

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... Read More about Towards a New Criminal Offence of Intimate Intrusions.

Pornography, the Online Safety Act 2023 and the need for further reform (2024)
Journal Article
McGlynn, C., Woods, L., & Antoniou, A. (online). Pornography, the Online Safety Act 2023 and the need for further reform. Journal of Media Law, 1-29. https://doi.org/10.1080/17577632.2024.2357421

The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation f... Read More about Pornography, the Online Safety Act 2023 and the need for further reform.

Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse (2023)
Book Chapter
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

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... Read More about Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse.

Naming and framing the harms of cyberflashing: men sending non-consensual dick pics (2023)
Book Chapter
McGlynn, C. (2023). Naming and framing the harms of cyberflashing: men sending non-consensual dick pics. In The Routledge Companion to Gender, Media and Violence. Routledge. https://doi.org/10.4324/9781003200871-42

The obfuscation and reluctance to accurately name and frame cyberflashing has potentially significant ramifications. This lack of identification of the core nature and harms of cyberflashing impedes public debate and possible policy and legal respon... Read More about Naming and framing the harms of cyberflashing: men sending non-consensual dick pics.

Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse (2022)
Journal Article
Rigotti, C., & McGlynn, C. (2022). Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse. New Journal of European Criminal Law, 13(4), 452-477. https://doi.org/10.1177/20322844221140713

In March 2022, the European Commission proposed a new landmark Directive on combating violence against women and domestic violence which includes measures on the non-consensual distribution of intimate and manipulated images. We refer to this form of... Read More about Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse.

Challenging anti-carceral feminism: Criminalisation, justice and continuum thinking (2022)
Journal Article
McGlynn, C. (2022). Challenging anti-carceral feminism: Criminalisation, justice and continuum thinking. Women's Studies International Forum, 93, Article 102614. https://doi.org/10.1016/j.wsif.2022.102614

While anti-carceral feminism – which challenges the use of the criminal law and criminal justice system to tackle violence against women – is increasingly dominant, this article builds on an emerging body of work contesting its central premises. In p... Read More about Challenging anti-carceral feminism: Criminalisation, justice and continuum thinking.

‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand (2022)
Journal Article
Henry, N., Gavey, N., McGlynn, C., & Rackley, E. (2023). ‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand. Criminology & Criminal Justice, 23(5), 861-879. https://doi.org/10.1177/17488958221097276

The non-consensual taking or sharing of intimate images, also known as ‘image-based sexual abuse’, has become a widespread problem. While there has been growing attention to this phenomenon, little empirical research has investigated victim-survivor... Read More about ‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand.

Cyberflashing: Consent, Reform and the Criminal Law (2022)
Journal Article
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

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... Read More about Cyberflashing: Consent, Reform and the Criminal Law.

Seeking justice and redress for victim-survivors of image-based sexual abuse (2021)
Journal Article
Rackley, E., McGlynn, C., Johnson, K., Henry, N., Gavey, N., Flynn, A., & Powell, A. (2021). Seeking justice and redress for victim-survivors of image-based sexual abuse. Feminist Legal Studies, 29(3), 293-322. https://doi.org/10.1007/s10691-021-09460-8

Despite apparent political concern and action – often fuelled by high-profile cases and campaigns – legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-surviv... Read More about Seeking justice and redress for victim-survivors of image-based sexual abuse.

Sexual violence as a sexual script in mainstream online pornography (2021)
Journal Article
Vera-Gray, F., McGlynn, C., Kureshi, I., & Butterby, K. (2021). Sexual violence as a sexual script in mainstream online pornography. The British Journal of Criminology: An International Review of Crime and Society, 61(5), 1243-1260. https://doi.org/10.1093/bjc/azab035

This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United Kingdom. The s... Read More about Sexual violence as a sexual script in mainstream online pornography.

Criminalising cyberflashing: options for law reform (2020)
Journal Article
McGlynn, C., & Johnson, K. (2021). Criminalising cyberflashing: options for law reform. Journal of Criminal Law, 85(3), 171-188. https://doi.org/10.1177/0022018320972306

In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors’ experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We argue that a... Read More about Criminalising cyberflashing: options for law reform.

The psychology of nonconsensual porn: Understanding and addressing a growing form of sexual violence (2020)
Journal Article
Eaton, A. E., & McGlynn, C. (2020). The psychology of nonconsensual porn: Understanding and addressing a growing form of sexual violence. Policy Insights from the Behavioral and Brain Sciences, 7(2), 190-197. https://doi.org/10.1177/2372732220941534

As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e., nonconsensual porn)... Read More about The psychology of nonconsensual porn: Understanding and addressing a growing form of sexual violence.

‘It’s torture for the soul’: The Harms of Image-Based Sexual Abuse (2020)
Journal Article
McGlynn, C., Johnson, K., Rackley, E., Henry, N., Gavey, N., Flynn, A., & Powell, A. (2021). ‘It’s torture for the soul’: The Harms of Image-Based Sexual Abuse. Social and Legal Studies, 30(4), 541-562. https://doi.org/10.1177/0964663920947791

Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude or sexual ima... Read More about ‘It’s torture for the soul’: The Harms of Image-Based Sexual Abuse.

Regulating pornography: Developments in evidence, theory, and law (2020)
Book Chapter
Vera-Gray, F., & McGlynn, C. (2020). Regulating pornography: Developments in evidence, theory, and law. In C. Ashford, & A. Maine (Eds.), Research Handbook on Gender, Sexuality, and Law (471-483). Edward Elgar Publishing

This chapter examines whether recent developments in feminist and intersectional theory suggest new justifications for pornography regulation beyond obscenity We argue that such developments evidence the need for a deeper understanding of how mainstr... Read More about Regulating pornography: Developments in evidence, theory, and law.

Possessing Extreme Pornography: policing, prosecutions and the need for reform (2019)
Journal Article
McGlynn, C., & Bows, H. (2019). Possessing Extreme Pornography: policing, prosecutions and the need for reform. Journal of Criminal Law, 83(6), 473-488. https://doi.org/10.1177/0022018319877783

The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing discussions, we... Read More about Possessing Extreme Pornography: policing, prosecutions and the need for reform.

Shattering Lives and Myths: A Report on Image-Based Sexual Abuse (2019)
Report
McGlynn, C., Rackley, E., Johnson, K., Henry, N., Flynn, A., Powell, A., …Scott, A. (2019). Shattering Lives and Myths: A Report on Image-Based Sexual Abuse. Australian Research Council (ARC)

Image-based sexual abuse is a pervasive and pernicious form of sexual abuse. We use the term ‘image-based sexual abuse’ to refer to a broad range of abusive behaviours including the taking and/or distribution of nude or sexual images without consent,... Read More about Shattering Lives and Myths: A Report on Image-Based Sexual Abuse.