RESEARCH IMAGE-BASED SPOTLIGHT SEXUAL ABUSE: MORE THAN JUST ‘REVENGE PORN’ Clare McGlynn and Erika Rackley ‘Replacing the language of ‘revenge porn’ with the more accurate and inclusive ‘image-based sexual abuse’ would be a small – yet important – step in challenging the cultural context conductive to high levels of sexual coercion and violence.’ (Clare McGlynn and Erika Rackley) Over the last few years we have become attention of the media and policy-makers, increasingly familiar with the term ‘revenge it’s time for new terminology. We suggest porn’ to describe the growing phenomenon ‘image-based sexual abuse’. of vengeful ex-partners distributing private, sexual images without the consent of their The term ‘image-based sexual abuse’ former partners. In recognition of the better captures the nature and harms of the humiliation, distress and real pain this practice non-consensual creation and distribution of causes, countries across the world, including private, sexual images. Unlike ‘revenge porn’, England & Wales and Scotland, have it captures both the broad range of practices introduced new criminal laws to try to deter being challenged and conveys the nature and and punish such behaviour. However, while extent of the harms suffered by victims. the language of ‘revenge porn’ has caught the WHAT’S IN A NAME? WHAT IS IMAGE-BASED Terminology frames options for law reform, SEXUAL ABUSE? as well as playing a vital expressive role in our public debates. A major purpose of the criminal law is to express societal Our term ‘image-based sexual abuse’ – condemnation of specific activities with which we define as the ‘non-consensual the hope of changing people’s behaviour. creation and/or distribution of private, sexual The law can only achieve these purposes if images’ – includes typical revenge porn, as the label applied to a crime is the right one. well as consensually taken images that have And ‘revenge porn’ is the wrong one. Why? been hacked or stolen and then shared. But it goes beyond distribution and also covers the First, it’s not always about revenge. Secondly, it’s not ‘porn’. The labelling non-consensual creation of sexual imagery: Revenge porn covers just one form of of revenge porn as ‘porn’ is salacious, for example photos and videos created by image-based sexual abuse – the malicious designed to titillate. It distracts governments, means of upskirting, forms of voyeurism and ex-partner sharing photos or videos without leading some down the wrong path by sextortion, or recordings of sexual assaults. It the agreement of their former partner. But thinking that images must be ‘pornographic’ also covers perpetrators threatening to share there are many others kinds of image-based or ‘obscene’ before being unlawful; or that images, commonly part of a pattern of sexual abuse that the law should cover. the perpetrator must be motivated by coercive behaviour in abusive relationships. sexual gratification. 2 2 RESEARCH SPOTLIGHT EXAMPLES OF IMAGE- BASED SEXUAL ABUSE Revenge pornography Vengeful ex-partners don’t have to look very far for places to upload and share explicit images without the consent of their former girlfriends and partners. There are over 3,000 websites dedicated to revenge porn. Threats and blackmail to reveal intimate photos are common within abusive relationships. For some women within minority ethnic communities, coercion and blackmail is particularly threatening, with possible consequences including getting disowned, ostracised, or in the worst case scenario, getting killed. Upskirting Pornographic Photoshopping Breach of rights to privacy and dignity Upskirting is the surreptitious and non- Recognition is growing that focussing the law Image-based sexual abuse, in its deliberate consensual taking of images or videos up a and public debate too narrowly around classic infringement of victims’ self-worth and failure woman’s skirt. Whether it is by smart phone, ‘revenge porn’ cases is obscuring from public to treat them with respect, violates the dignity a hidden recording device (eg under a view, and legal redress, other forms of of its victims. It is also an egregious violation stairway) or a specially adapted camera in a image-based sexual abuse. One recent case of the victim’s privacy – removing the right to shoe, this is now an easy offence to involved a man who took a Facebook photo of control with whom we share intimate images. perpetrate. And it is a huge phenomenon. a 15 year old girl, superimposed on her body an explicit image and then uploaded it to a Inhibiting sexual expression While some perpetrators take images for porn website inviting comments. Such acts Women are too often blamed for creating their own use, they also typically end up on are not covered by English ‘revenge porn’ sexual images of themselves - nude selfies websites dedicated to the sharing of such laws which exclude pornographic - or for ‘allowing’ intimate images to be taken. material and such sites are big business. photoshopped images (unlike Scots law). This ‘shame punishment’ is fuelled by the One was recently exposed by a national sexual double standard and risks inhibiting newspaper as receiving 70,000 views a day women’s sexual expression. Women must be and was valued at £130 million. free to express themselves sexually in HARMS OF IMAGE-BASED whatever way they choose – including taking Recording Sexual Assaults and ‘Sextortion’ and sharing private, sexual images and One of the most disturbing examples of SEXUAL ABUSE videos – without fearing being blamed for non-consensually created sexual images later abuse. involves the recording of rape and sexual The harms of image-based sexual abuse assaults. One notorious example involved are deeply gendered. Not only are victims Cultural harm two high school footballers from Ohio who mostly women and girls, but the abuse and Image-based sexual abuse is a form of were found guilty of raping an incapacitated harassment to which they are subjected is cultural harm. In normalising non-consensual young woman after pictures and films of the sexualised and misogynistic. The persistence sexual activity, it sustains a culture in which crime were distributed online and across of sexual double standards enables offenders sexual violence is less likely to be recognized, social media by the attackers. In this case, to shame and humiliate victims - with families, investigated or prosecuted. Image-based the images were used to further harass and friends, employers and strangers commonly sexual abuse, therefore, plays a role in humiliate the victim, blaming her for the blaming victims. shaping the cultural context conductive to assaults and resulting in death threats high levels of sexual coercion. against her. Serious mental and physical impacts Many victims suffer extreme mental distress, Sextortion with some attempting and committing ‘We must harness the power of Sextortion is the practice whereby suicide. Many fear direct physical attacks law to challenge image-based perpetrators typically coerce victims into after their personal details are posted online, creating and sharing images, or performing together with the images which are often sexual abuse which not only sexual acts, and then threatening the victim accompanied by comments encouraging threatens women’s sexual with exposure unless they continue the further abuse. Some victims find their activities. Other times, the perpetrator hacks livelihoods at risk when employers find the autonomy and fundamental into people’s social media profiles and, on images, with others unable to get work when rights, but is also a form of finding intimate images, threatens to their online profile is dominated by intimate cultural harm affecting all of share them. images, sometimes on porn sites. society’. Clare McGlynn and Erika Rackley RESEARCH SPOTLIGHT 3 PROSECUTING REVENGE PORN Recent data reveals that in 9 months in 2015, across England and Wales, the police took Three victims were 11 years old with no action following most reports of revenge porn. some 30% of offences involving young people under 19 The average age of a revenge porn victim was 25 1,160 FACEBOOK Around 11% of reported offences THERE resulted in the alleged perpetrator WAS USED BY being charged, 7% in a caution and 5% in a community resolution WERE PERPETRATORS 61% of reported offences resulted in no action being taken against OF CASES the alleged perpetrator. Among the IN 68% WHERE main reasons cited by police include REPORTED a lack of evidence or the victim SOCIAL MEDIA WAS MENTIONED IN withdrawing support REPORTS FOLLOWED INCIDENTS Number of people charged: BY INSTAGRAM (12%) SNAPCHAT Nobody had so far been charged in OF REVENGE PORNOGRAPHY Lancashire, Devon and Cornwall or FROM APRIL 2015 TO DECEMBER (5%) WHATSAPP: 5% TWITTER: 4% Cumbria, for example. In the West Midlands, 25% of reported offences 2015 TO 31 POLICE FORCES resulted in a charge, while in Staffordshire, the rate dropped to 3%. WHAT CAN BE DONE? REFORMING THE LAW? Change the language The new law is a welcome start, but is Replacing the language of ‘revenge porn’ with unduly limited and already needs reform. the more accurate and inclusive image-based sexual abuse would be a small – yet important Parliament should: – step in challenging the cultural context Introduce automatic anonymity for all conductive to high levels of sexual coercion complainants and violence. Remove intention to cause distress requirement so the law covers offenders Change the law sharing images for financial gain, for a Reform is urgently needed to ensure it covers ‘laugh’ or from hacked or stolen all forms of image-based sexual abuse, computers/phones includes civil and criminal remedies, and Or extend the law to cover reckless grants anonymity to all victims. intention to cause distress Extend the law to cover threats to Change the culture ‘Image-based sexual abuse is distribute without consent Social and cultural practices are rapidly Ensure creation and distribution of upskirt evolving, with technology playing an ever a form of cultural harm.