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Why Criminalise the Possession of Rape Pornography?

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Why Criminalise the Possession of Rape Pornography? Shaped by the past, creating the future Durham Law School Why Criminalise the Possession of Rape Pornography? Professor Clare McGlynn and Professor Erika Rackley Pornographic images of rape #banrapeporn by Rape Crisis South against the normalisation of sexual glorify and normalise sexual London and the End Violence violence. violence. Yet the current law on Against Women Coalition in 2013, The proposed reform will send a extreme pornography does not including an online petition which clear message that rape is not a cover this material. Section 16 of acquired 72,000 signatures within a form of sexual entertainment. the Criminal Justice and Courts Bill month. 2014 addresses this gap. It will While those who view extreme Clare McGlynn and Erika Rackley criminalise the possession of rape pornography will not necessarily are long-term critics of the current pornography as well as images of go on to commit sexual offences, extreme pornography law. Their non-consensual sexual their use of such material sustains 2009 research argued that the penetration. a culture in which a 'no' to sexual failure of the law to include rape activity is not taken seriously; in porn represented a 'missed The proposed reform follows a which equality and dignity are not opportunity' to take strong action successful campaign to protected. What is the current law? It is a criminal offence in England & Wales to possess ‘extreme pornography’. This includes any pornographic material which is grossly offensive, disgusting or otherwise obscene and that explicitly and realistically depicts: a) Life threatening injury b) Serious injury to a person’s anus, breasts or genitals c) Bestiality or d) Necrophilia How will the law change? In addition to the current law, it will be a criminal offence to possess pornographic material which is grossly offensive, disgusting or otherwise obscene and that explicitly and realistically depicts: e) rape f) non consensual sexual penetration www.durham.ac.uk/glad Rape pornography provides the cultural context in which sexual violence is not taken seriously Why the extreme pornography law should views rape pornography will not necessarily go on to include images of rape commit rape. Such arguments of direct, causal links between pornography and violence are over-simplistic. Rape pornography is culturally harmful However, the proliferation and tolerance of such images, Legislative action against rape pornography, and extreme and the messages they convey, contribute to a climate in pornography generally, is justified because of the ‘cultural which sexual violence is condoned, and seen as a form of harm’ caused by such material. ‘Cultural harm’ refers to entertainment. the fact that the existence and use of rape pornography Pornography impacts on the behaviour of young people contributes to a cultural context within which society fails The 2013 Children's Commissioner's Basically … Porn is to take sexual violence seriously. Everywhere research suggests that young people are Rape pornography eroticises violence turning to pornography for guidance on sex which is Rape pornography, and images of other forms of sexual leading to risky behaviours, uncertainty as to what consent violence, glorify and sexualise violence. A person who means and harmful attitudes towards women and girls. Rape Pornography Online Improving the proposed reform Research conducted by Rape We welcome the current proposals but suggest that the following amend- Crisis South London in 2011 ments are crucial to ensure the new law is effective and that it targets cultur- found that of the top 50 freely ally harmful material. accessible ‘rape porn’ websites: Identifying ‘rape porn’: Recognising the context - description, sounds, narra- 78% advertise rape tive– of the extreme image, as they do in Scotland, would make clearer which content of under-18 year images fall within the remit of the legislation, while safeguarding against over- olds (e.g. “schoolgirl rape”) inclusion of consensual BDSM imagery. 44% advertise rape content involving incest Extending the defences: Extending the defence of ‘participation in consensual 44% advertise rape acts’ would be a further signal that the target of the legislation is not – and content where the woman should not be – private depictions of consensual BDSM activity. is unconscious / semi- conscious / drugged Protecting the public good : Inserting a public good defence, as in the Ob- 100% of those being scene Publications Act 1959, would alleviate ongoing concerns that the ex- assaulted are female treme pornography provisions extend to works of art. 82% of perpetrators use restraint by force 71% of women show signs of visible distress 65% of women express Rape pornography is a form of pain cultural harm Clare McGlynn is a Professor of Law at Durham References McGlynn & Rackley (2007) ‘The Politics of Porn’ New University and is a regular contributor to media and Rackley & McGlynn (2013) ‘Prosecuting the Law Journal: 1142-1143. public debates on pornography regulation. She is Possession of Extreme Pornography: A Rape Crisis South London (2011) ‘Closing the also an expert on rape law and is co-editor of Misunderstood and Mis-used Law’ Criminal Law Loophole on Rape Pornography’ Rethinking Rape Law: International and comparative Review: 400-405. www.endviolenceagainstwomen.org.uk/data/files/ perspectives (2010) [email protected] McGlynn & Rackley (2009) ‘Criminalising Extreme Closing_the_loophole_on_rape_pornography.pdf Pornography: A Lost Opportunity’ Criminal Law Erika Rackley is a Professor of Law at Durham Review 245-260. Please cite this document as: McGlynn, Clare & University and is author of Women, Judging and the McGlynn & Rackley (2007) ‘Striking a Balance: Rackley, Erika (2014) ‘Why Criminalise the Possession Judiciary: From Difference to Diversity (2013) Arguments for the Criminal Regulation of Extreme of Rape Pornography’, Durham Law School Briefing [email protected] Pornography’ Criminal Law Review: 677-690. Document, Durham University. www.durham.ac.uk/glad .
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