Image-Based Sexual Abuse
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My name is Mia Purdy and I am Durham Law School graduate (2019) currently undertaking the BPTC in London. My dissertation covers the topic of ‘Image-Based Sexual Abuse’, a term I use to encapsulate sexual abuse facilitated by technology, including ‘revenge porn’, ‘upskirting’ and ‘extreme’ pornography. I chose this topic in light of the growing concerns surrounding the ability of the law to effectively legislate against abuse perpetrated through technology and the internet. I evaluate the question of whether technology has created deviant sexual behaviour, in addition to whether it has facilitated abuse. The dissertation seeks to answer three questions: (i) what is holding the law back?; (ii) what kind of reform is adequate and realistic?; and (iii) how can we react to technology creating and/or facilitating violent and sexually deviant views against women? My dissertation discusses the recent Voyeurism (Offences) Act 2019, an Act specifically dealing with the growing concerns of ‘upskirting’. However, as I discuss, the current law remains unclear, unsatisfactory or non-existent in other situations, including ‘down-blousing’. Ultimately, I conclude that society must acknowledge and combat harmful views of women and their sexuality, before any legislation can have meaningful effect.
Mia Purdy - Author
Introduction
‘Violence against women is the most pervasive yet underrecognised human rights violation in the world... Despite the high costs of violence against women, social institutions in almost every society in the world legitimise, obscure and deny abuse.’
(World Health Organisation (WHO), 2005)
Image-based sexual abuse (IBSA) is a term coined by McGlynn and Rackley to describe the non-consensual creation and/or distribution and/or threat of distribution of private, sexual images. This dissertation will assess two forms of IBSA, ‘revenge porn’ and ‘upskirting’, as well as ‘extreme’ pornography, which whilst not strictly under McGlynn and Rackley’s definition of IBSA, fits within the analysis of gendered abuse. The aim of this analysis is to firstly assess the effectiveness of the relevant legislation, and secondly to gain a broader understanding of the system of abuse which subjugates women. It will be argued that IBSA cannot be adequately legislated against without appreciation of its gendered nature and context.
The WHO has adapted early 2000s academic thought into a ‘Life Cycle of Violence Against Women’. During their life times, women experience, inter alia ,sexual assault, sexual harassment, forced prostitution, psychological abuse and honour killings. Although both men and women can be victims and perpetrators of violence, women are more likely to be assaulted or murdered by a family member or partner, and are at a greater risk of being sexually assaulted or exploited through out their lives. Men are more commonly the perpetrators of violence, regardless of the sex of the victim.
This dissertation will raise a number of issues, which will be discussed throughout and summarised in the conclusion, including the limitations of the applicable legislation for each of the forms of abuse. Firstly, whether the legislation itself, its implementation, or broader social issues limit the success of the legislation. Secondly, what kind of reform, whether legal or non- legal, would be adequate, and whether they are realistic. Finally, there will be an assessment of how technology changes gendered abuse and our approach to it. Not only is there the question of whether technology has created deviant sexual behaviour (which will be predominantly addressed in chapter three), but also to what extent technology has facilitated abuse.
The first form of IBSA to be discussed is ‘revenge porn’. ‘Revenge porn’ is statutorily defined in Criminal Justice and Courts Act (CJCA) 2015 as ‘the disclosing of private sexual photographs or films with intent to cause distress’ without the consent of an individual appearing in the image. The law has raised a number of concerns, including the placement of the offence within the CJCA rather than the Sexual Offences Act (SOA) 2003, and the limited scope given to the definitions within the statute. Furthermore, it is argued that the law has failed to appreciate ‘revenge porn’ as a form of sexual violence, predominantly against women, and as a product of stigmatism towards women and their bodies.
The second form is the newly legislated ‘upskirting’. ‘Upskirting’ is the non-consensual taking of images of an individual’s pubic area underneath their outer clothing in public places. As they are typically taken in public, they generally fall outside of the scope of conventional voyeurism offences. The recent Voyeurism Offences Act (VOA) 2019 is a welcome reform considering the piecemeal nature of previous offences. However, as yet unanswered issues remain, including ‘downblousing’, the importance of perpetrator motives, and if public discourse can be refocused to reduce victim blaming.
Finally, ‘extreme’ pornography will be addressed, including an assessment of the effects of pornography more generally. Extreme pornography is currently governed by s.63 Criminal Justice and Immigration Act (CJIA) 2008. Whilst not a form of IBSA, it will be discussed as another example of technology-facilitated gendered harm. It will be assessed in a different light to the other forms of abuse, since the academic discourse surrounding the issue is largely theoretical, based on speculative harms (or lack thereof) caused by possession of extreme violent and sexual images. For this discussion, extreme pornography provides a useful tool for assessing the final question for this dissertation: does viewing extreme images create and/or facilitate violent attitudes or actions against women? And if so, does this justify criminal intervention to prevent the development of harm in society?
