German Law Journal (2021), 22, pp. 784–799 doi:10.1017/glj.2021.39 ARTICLE Special Issue: Sexual Violence and Criminal Justice in the 21st Century Section II: Sexual Autonomy and the Limits of Criminal Law Sexual Violence in the Digital Age: A Criminal Law Conundrum? Olga Jurasz1 and Kim Barker2 1Senior Lecturer, Open University Law School, Milton Keynes, United Kingdom and 2Senior Lecturer, Open University Law School, Milton Keynes, United Kingdom Corresponding author:
[email protected] (Received 05 July 2021; accepted 05 July 2021) Abstract The emergence of new interactions, notably those online, has led to the parallel development of criminal behaviors—not all of which are captured by the current legal framework. This article addresses the challenge posed to criminal law by the emergence of technologically facilitated violence, specifically its sexualized online forms. In particular, it argues for cautious yet specific criminalization of violent behaviors online whilst considering the broader criminal liabilities of all actors involved in the facilitation and perpetration of digital sexual violence. This article draws upon national—contentious—examples of attempts to regulate disruptive sexual violence perpetrated through digital means, with particular attention given to provisions in the UK, Germany, and France. Keywords: Digital violence; sexual violence; criminal law; OTFSV; IBSA; TBSA A. Introduction: Digital Abuse and Criminal Law After #MeToo The #MeToo movement has highlighted—on a global and public scale—the common and wide-