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Professor Clare McGlynn's Outputs (94)

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. (online). ‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand. Criminology & Criminal Justice, 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. (online). Cyberflashing: Consent, Reform and the Criminal Law. Journal of Criminal Law, 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.

Using restorative justice approaches to police domestic violence and abuse (2018)
Journal Article
Westmarland, N., McGlynn, C., & Humphreys, C. (2018). Using restorative justice approaches to police domestic violence and abuse. Journal of Gender-Based Violence, 2(2), 339-358. https://doi.org/10.1332/239868018x15266373253417

The use of restorative justice in cases of domestic abuse is highly controversial. While little is known about how restorative approaches are used by the police, recent research shows they are used on a widespread basis to respond to domestic abuse t... Read More about Using restorative justice approaches to police domestic violence and abuse.

Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice (2018)
Journal Article
McGlynn, C., & Westmarland, N. (2019). Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice. Social and Legal Studies, 28(2), 179-201. https://doi.org/10.1177/0964663918761200

This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopi... Read More about Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice.

Challenging the law on sexual history evidence: a response to Dent and Paul (2018)
Journal Article
McGlynn, C. (2018). Challenging the law on sexual history evidence: a response to Dent and Paul. Criminal law review, 2018(3), 216-228

Responds to an article by N. Dent and S. Paul, "In defence of section 41", Crim. L.R. 2017, 8, 613-627, defending current policy on use of sexual history evidence in trials under the Youth Justice and Criminal Evidence Act 1999 s.41, with reference t... Read More about Challenging the law on sexual history evidence: a response to Dent and Paul.

More than ‘Revenge Porn’: Image-Based Sexual Abuse and the Reform of Irish Law (2017)
Journal Article
McGlynn, C., & Rackley, E. (2017). More than ‘Revenge Porn’: Image-Based Sexual Abuse and the Reform of Irish Law. Irish probation journal, 14, 38-51

Summary: In the past few years, there have been a worrying number of press reports detailing the extent and harms of ‘revenge porn’. In response, governments across the world have begun to take action, often adopting new criminal laws. However, both... Read More about More than ‘Revenge Porn’: Image-Based Sexual Abuse and the Reform of Irish Law.

Rape Trials and Sexual History Evidence: reforming the law on third party evidence (2017)
Journal Article
McGlynn, C. (2017). Rape Trials and Sexual History Evidence: reforming the law on third party evidence. Journal of Criminal Law, 81(5), 367-392. https://doi.org/10.1177/0022018317728824

Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light, this article... Read More about Rape Trials and Sexual History Evidence: reforming the law on third party evidence.

Beyond 'Revenge Porn': The Continuum of Image-Based Sexual Abuse (2017)
Journal Article
McGlynn, C., Rackley, E., & Houghton, R. (2017). Beyond 'Revenge Porn': The Continuum of Image-Based Sexual Abuse. Feminist Legal Studies, 25(1), 25-46. https://doi.org/10.1007/s10691-017-9343-2

In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and t... Read More about Beyond 'Revenge Porn': The Continuum of Image-Based Sexual Abuse.

Under the radar: the widespread use of 'Out of Court resolutions' in policing domestic violence and abuse in the United Kingdom (2017)
Journal Article
McGlynn, C., Westmarland, N., & Johnson, K. (2018). Under the radar: the widespread use of 'Out of Court resolutions' in policing domestic violence and abuse in the United Kingdom. The British Journal of Criminology: An International Review of Crime and Society, 58(1), 1-16. https://doi.org/10.1093/bjc/azx004

The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court reso... Read More about Under the radar: the widespread use of 'Out of Court resolutions' in policing domestic violence and abuse in the United Kingdom.

Women, Law and John Stuart Mill (2015)
Journal Article
Ward, I., & McGlynn, C. (2016). Women, Law and John Stuart Mill. Women's History Review, 25(2), 227-253. https://doi.org/10.1080/09612025.2015.1039350

John Stuart Mill's intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however remained a matter... Read More about Women, Law and John Stuart Mill.

Would John Stuart Mill have Regulated Pornography? (2014)
Journal Article
McGlynn, C., & Ward, I. (2014). Would John Stuart Mill have Regulated Pornography?. Journal of Law and Society, 41(4), 500-522. https://doi.org/10.1111/j.1467-6478.2014.00683.x

John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism,... Read More about Would John Stuart Mill have Regulated Pornography?.

Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law (2013)
Journal Article
Rackley, E., & McGlynn, C. (online). Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law. Criminal law review, 400-405

On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration Act 2008 (CJ... Read More about Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law.

"I just wanted him to hear me": sexual violence and the possibilities of restorative justice (2012)
Journal Article
McGlynn, C., Westmarland, N., & Godden, N. (2012). "I just wanted him to hear me": sexual violence and the possibilities of restorative justice. Journal of Law and Society, 39(2), 213-240. https://doi.org/10.1111/j.1467-6478.2012.00579.x

The use of restorative justice in cases of sexual violence is highly contentious. Resistance comes from those who argue that it may trivialise violence against women, re-victimise the vulnerable and endanger the safety of victim-survivors. On the oth... Read More about "I just wanted him to hear me": sexual violence and the possibilities of restorative justice.

Feminism, Rape and the Search for Justice (2011)
Journal Article
McGlynn, C. (2011). Feminism, Rape and the Search for Justice. Oxford Journal of Legal Studies, 31(4), 825-842. https://doi.org/10.1093/ojls/gqr025

Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional cr... Read More about Feminism, Rape and the Search for Justice.

Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective" (2011)
Journal Article
McGlynn, C. (online). Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective". Criminal law review, 199-215

For six months during 2010, debate raged over the Coalition Government’s plan to grant anonymity to those accused of rape. This contentious public debate focused almost exclusively on rape-specific arguments for or against rape defendant anonymity, t... Read More about Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective".

Feminist Judgments: An Introduction (2010)
Book Chapter
Hunter, R., McGlynn, C., & Rackley, E. (2010). Feminist Judgments: An Introduction. In R. Hunter, C. McGlynn, & E. Rackley (Eds.), Feminist judgments : from theory to practice (3-29). Hart Publishing

R v A (no 2): a feminist judgment (2010)
Book Chapter
McGlynn, C. (2010). R v A (no 2): a feminist judgment. In R. Hunter, C. McGlynn, & E. Rackley (Eds.), Feminist judgments : from theory to practice (211-227). Hart Publishing

Marginalizing feminism: debating extreme pornography laws in public and policy discourse (2010)
Book Chapter
McGlynn, C. (2010). Marginalizing feminism: debating extreme pornography laws in public and policy discourse. In K. Boyle (Ed.), Everyday pornography (190-202). Routledge

The regulation of pornography is a topic which has long divided feminists; but it is also a subject which demonstrates the richness and pluralism of feminism. This diversity should not be interpreted as constituting a lack of common ground or purpose... Read More about Marginalizing feminism: debating extreme pornography laws in public and policy discourse.

Rethinking Rape Law: international and comparative perspectives (2010)
Book
McGlynn, C. A., & Munro, V. (Eds.). (2010). Rethinking Rape Law: international and comparative perspectives. Routledge

Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with develop... Read More about Rethinking Rape Law: international and comparative perspectives.

Feminist activism and rape law reform in England and Wales: a Sisyphean struggle? (2010)
Book Chapter
McGlynn, C. (2010). Feminist activism and rape law reform in England and Wales: a Sisyphean struggle?. In C. McGlynn, & V. Munro (Eds.), Rethinking rape law : international and comparative perspectives (139-153). Routledge

Rape is a political issue because of feminist activism. Ever since second wave feminism lifted the lid on the systemic nature of sexual violence, including rape, feminists in the UK have fought to secure the better treatment of rape victims by societ... Read More about Feminist activism and rape law reform in England and Wales: a Sisyphean struggle?.

Criminalising Extreme Pornography: A Lost Opportunity (2009)
Journal Article
McGlynn, C., & Rackley, E. (online). Criminalising Extreme Pornography: A Lost Opportunity. Criminal law review, 245-260

This article considers provisions criminalising the possession of ‘extreme pornography’ in the Criminal Justice and Immigration Act 2008. It begins by outlining the current criminal law regime governing pornography, before considering the new measure... Read More about Criminalising Extreme Pornography: A Lost Opportunity.

Pornography, Pragmatism and Proscription (2009)
Journal Article
McGlynn, C., & Ward, I. (2009). Pornography, Pragmatism and Proscription. Journal of Law and Society, 36(3), 327-351. https://doi.org/10.1111/j.1467-6478.2009.00470.x

The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life-threatening or serious violence, and is the immediate context for this article which seeks to presen... Read More about Pornography, Pragmatism and Proscription.

Rape, Torture and the European Convention on Human Rights (2009)
Journal Article
McGlynn, C. (2009). Rape, Torture and the European Convention on Human Rights. International and Comparative Law Quarterly, 58(3), 565-595. https://doi.org/10.1017/s0020589309001195

This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of... Read More about Rape, Torture and the European Convention on Human Rights.

Judging Destricted (2009)
Journal Article
McGlynn, C., Rackley, E., & Ward, I. (2009). Judging Destricted. King's Law Journal, 20(1), 53-67

The film Destricted purports to explore the boundaries of art and pornography. Awarded an '18' certificate by the British Board of Film Classification (BBFC), the film nonetheless contains images of sexual violence and childlike sexual activity. In t... Read More about Judging Destricted.

Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy (2008)
Journal Article
McGlynn, C. (2008). Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy. Feminist Legal Studies, 16(1), 71-85. https://doi.org/10.1007/s10691-007-9079-5

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual viol... Read More about Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy.

Families and European Union Law (2007)
Book Chapter
McGlynn, C. (2007). Families and European Union Law. In R. Probert (Ed.), Family Life and the Law: under one roof. Ashgate Publishing

Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography (2007)
Other
McGlynn, C. (2007). Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography

In March 2007 we organised a seminar at Durham University on the Government’s plans to criminalise the possession of extreme pornography (Home Office, 2005; Home Office, 2006; Criminal Justice and Immigration Bill, 2007).1 These proposals reignite no... Read More about Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography.

Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography (2007)
Journal Article
McGlynn, C., & Rackley, E. (online). Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography. Criminal law review, 677-690

Discusses the Government proposals, set out in its 2005 consultation paper, regarding the criminalisation of possession of extreme pornographic material. Highlights the murder case which helped spur the Government into action, the types of material i... Read More about Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography.

Families and the European Union: law, politics and pluralism (2006)
Book
McGlynn, C. (2006). Families and the European Union: law, politics and pluralism. Cambridge University Press. https://doi.org/10.2277/0521613353

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on th... Read More about Families and the European Union: law, politics and pluralism.

The Status of Women Lawyers in the United Kingdom (2003)
Book Chapter
McGlynn, C. (2003). The Status of Women Lawyers in the United Kingdom. In U. Schultz, & G. Shaw (Eds.), Women in the World’s Legal Professions. Hart Publishing. https://doi.org/10.5040/9781472559395.ch-009

Almost a century after women were ‘let in’ to the profession of law in the United Kingdom, they generally remain marginalised, underrepresented and under-paid (McGlynn 1998, Sommerlad and Sanderson 1998). It was only in 1919 that the legislature adop... Read More about The Status of Women Lawyers in the United Kingdom.

Pregnancy Discrimination in EU Law (2001)
Book Chapter
McGlynn, C. (2001). Pregnancy Discrimination in EU Law. In A. Numhauser-Henning (Ed.), Legal Perspectives on Equal Treatment and Non-Discrimination (205-215). Kluwer

The Politics of Porn .
Journal Article
McGlynn, C., & Rackley, E. (online). The Politics of Porn . New Law Journal, 1142-1143