Criminalizing Intimate Image Abuse
Criminalizing Intimate Image Abuse

Author: Gian Marco Caletti

Publisher: Oxford University Press

Published: 2024-01-12

Total Pages: 449

ISBN-13: 0198877862

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Intimate image abuse is a recent, endemic phenomenon which raises multiple legal issues and presents a significant challenge for the traditional institutions of law and criminal justice. The nature of this phenomenon requires considering the traditional complexities of regulating privacy, sexual offences, and cybercrimes, alongside the social and cultural issue of what may be considered 'intimate', 'private', or indeed 'sexual'. Since the harm experienced by victims of intimate image abuse is particularly serious and involves disparate legal interests, criminal law has been invoked as one of the solutions, but it is unclear what its role and limits should be. The law's approach should avoid any moralistic attitude, trying to achieve a balance between sexual autonomy and the protection of sexual privacy. At the same time, the needs of criminalization must be balanced with the traditional principles of criminal law. Criminalizing Intimate Image Abuse strives primarily to generate new conceptual and theoretical frameworks to address the legal responses to this phenomenon, by bringing together a number of scholars involved in the study of intimate image abuse over recent years. This volume compares the solutions developed in different legal systems. The perspective is mainly focused on the comparison between the Anglo-American criminalization model and that of continental Europe, but there are also overviews of the criminalization trends in Asian and Latin American countries. Once the criminalization of intimate image abuse, as well as its theoretical and practical limits, have been established, the analysis focuses on possible new legal strategies, complementary or alternative to traditional criminal justice, such as restorative justice. Finally, in order to achieve an effective safeguard for victim-survivors, the book deals with the role of Internet Service Providers and bystanders in preventing intimate image abuse.

Criminalizing Intimate Image Abuse
Criminalizing Intimate Image Abuse

Author: Gian Marco Caletti

Publisher: Oxford University Press

Published: 2024-02-11

Total Pages: 449

ISBN-13: 0198877811

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Criminalizing Intimate Image Abuse strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.

Image-based Sexual Abuse
Image-based Sexual Abuse

Author: Nicola Henry

Publisher: Routledge

Published: 2020-06-11

Total Pages: 206

ISBN-13: 1351135139

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This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.

Decriminalizing Domestic Violence
Decriminalizing Domestic Violence

Author: Leigh Goodmark

Publisher: Univ of California Press

Published: 2018-10-01

Total Pages: 345

ISBN-13: 0520968298

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Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

The Criminalization of Violence Against Women
The Criminalization of Violence Against Women

Author: Douglas

Publisher: Oxford University Press

Published: 2023-10-15

Total Pages: 345

ISBN-13: 0197651844

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Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.

Sexual Violence in a Digital Age
Sexual Violence in a Digital Age

Author: Anastasia Powell

Publisher: Springer

Published: 2017-06-29

Total Pages: 323

ISBN-13: 113758047X

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This book examines how digital communications technologies have transformed modern societies, with profound effects both for everyday life, and for everyday crimes. Sexual violence, which is recognized globally as a significant human rights problem, has likewise changed in the digital age. Through an investigation into our increasingly and ever-normalised digital lives, this study analyses the rise of technology-facilitated sexual assault, ‘revenge pornography’, online sexual harassment and gender-based hate speech. Drawing on ground-breaking research into the nature and extent of technology-facilitated forms of sexual violence and harassment, the authors explore the reach of these harms, the experiences of victims, the views of service providers and law enforcement bodies, as well as the implications for law, justice and resistance. Sexual Violence in a Digital Age is compelling reading for scholars, activists, and policymakers who seek to understand how technology is implicated in sexual violence, and what needs to be done to address sexual violence in a digital age.

Insult to Injury
Insult to Injury

Author: Linda G. Mills

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 193

ISBN-13: 1400825687

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Locking up men who beat their partners sounds like a tremendous improvement over the days when men could hit women with impunity and women fearing for their lives could expect no help from authorities. But does our system of requiring the arrest, prosecution, and incarceration of abusers lessen domestic violence or help battered women? In this already controversial but vitally important book, we learn that the criminal justice system may actually be making the problem of domestic violence worse. Looking honestly at uncomfortable facts, Linda Mills makes the case for a complete overhaul and presents a promising alternative. The evidence turns up some surprising facts about the complexities of intimate abuse, facts that run against mainstream assumptions: The current system robs battered women of what power they do hold. Perhaps as many as half of women in abusive relationships stay in them for strong cultural, economic, religious, or emotional reasons. Jailing their partners often makes their situations worse. Women are at least as physically violent and emotionally aggressive as are men toward women, and women's aggression is often central to the dynamic of intimate abuse. Informed by compelling evidence, personal experience, and what abused women themselves say about their needs, Mills proposes no less than a fundamentally new system. Addressing the real dynamics of intimate abuse and incorporating proven methods of restorative justice, Mills's approach focuses on healing and transformation rather than shame or punishment. Already the subject of heated controversy, Insult to Injury offers a desperately needed and powerful means for using what we know to reduce violence in our homes.

Non-consensual Image-based Sexual Offending
Non-consensual Image-based Sexual Offending

Author: Dean Fido

Publisher: Springer Nature

Published: 2020-11-02

Total Pages: 96

ISBN-13: 3030592847

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This book presents a timely analysis of the psychological influences, underpinnings, and predictors of non-consensual image-based sexual offending (NCIBSO), such as revenge pornography, cyber-flashing, deepfake media production and upskirting. In this rapidly expanding field, this book offers a novel perspective that encompasses both a forensic psychoanalytic analysis of offending behaviours and an examination of the influence of our use of online environments and digital platforms on these behaviours. The authors begin by outlining the historical and legal context before moving on to a critique of previously posited motivating factors. Rather than conceptualising NCIBSO in purely gendered terms, they demonstrate the potential for a psychological framework to facilitate a better understanding of how and why people engage in a range of non-consensual sexual image offences. In doing so it will provide fresh insights for policymakers and clinicians, in addition to scholars from across the fields of psychology, sociology, criminology, law, media and gender studies.

The Palgrave Handbook of Gendered Violence and Technology
The Palgrave Handbook of Gendered Violence and Technology

Author: Anastasia Powell

Publisher: Springer Nature

Published: 2022-01-01

Total Pages: 716

ISBN-13: 3030837343

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This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women’s and/or Gender Studies.

Sexting and Revenge Pornography
Sexting and Revenge Pornography

Author: Jennifer Agate

Publisher: Routledge

Published: 2020-12-07

Total Pages: 160

ISBN-13: 9781138555778

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This book explores the cultural phenomena of sexting and revenge pornography - looking at motivations for such practices, behaviours exhibited, intentional and unintentional impacts that result from redistribution, fallout and harm to victims and the attempts to address the problem through legislation. Using the UK as a case study the book aims to provide a detailed rationale for the tension between a policy perspective that tries to provide protection for victims of such practices through legislation and the need to better understand a phenomenon that constantly evolves as a result of new technology, disruptive adoption and social norms.