- Durham Law School, Durham University, DH1 3LE
- 01913342837
Clare McGlynn
Durham University, Durham Law School, Faculty Member
The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing... more
The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing discussions, we undertook a study to find out information about who is being charged with extreme pornography offences and their characteristics in terms of gender, age and ethnicity, as well as data on the specific type of pornography forming the subject matter of those charges. Utilising freedom of information requests, our study provides valuable new information to help inform debates over the policing of extreme pornography across England and Wales. Overall, we found that the vast majority of those charged were white men across all age groups; that bestiality images formed the most common basis for charging and that, in respect of the data provided, the majority of charges were brought together with other sexual offences.
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In the last few years, many countries have introduced laws combating the phenomenon colloquially known as 'revenge porn'. While new laws criminalising this practice represent a positive step forwards, the legislative response has been... more
In the last few years, many countries have introduced laws combating the phenomenon colloquially known as 'revenge porn'. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly's (1988) pioneering work, we suggest that 'revenge porn' should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising as the 'continuum of image-based sexual abuse'. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and leads to more appropriate and effective educative and preventative strategies.
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In September 2016, the Irish Law Commission published its long-awaited report on ‘Harmful Communications and Digital Safety’. This compelling document puts forward a comprehensive package of law reforms to tackle the growing problems of... more
In September 2016, the Irish Law Commission published its long-awaited report on ‘Harmful Communications and Digital Safety’. This compelling document puts forward a comprehensive package of law reforms to tackle the growing problems of online harassment and abuse perpetrated using modern technologies and social media. Amongst its many provisions, the Report recommends new laws to tackle the phenomenon colloquially known as ‘revenge porn’ which is rightly identified as a significant harm deserving of legislative intervention. In this paper, I step back from the detailed technical provisions, to focus on the more conceptual issue of the nature of these online harms, why they are being perpetrated and what are the implications of this. Drawing on work with my colleague Erika Rackley, I name and conceptualise harmful communications as ‘image-based sexual abuse’. My aim is to emphasise: that these are gendered and sexual harms that are forms of sexual offending; that this is how victim-survivors understand the harm perpetrated against them; and that the victim-survivors are mainly women and girls. I also hope to explain why this conceptualisation matters: it shapes shape legislative responses, educational approaches and our broader awareness of the phenomenon.
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Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we... more
Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and mental illness, together with the loss of dignity, privacy and sexual autonomy, combine to constitute a form of cultural harm, impacting directly on individuals, as well as on society as a whole. While recognizing the limits of law, we conclude by considering the options for redress and the role of law, seeking to justify the deployment of the expressive and coercive powers of the criminal and civil law as a means of encouraging cultural change. Available online at: https://academic.oup.com/ojls/article/doi/10.1093/ojls/gqw033/2965256/ImageBased-Sexual-Abuse?guestAccessKey=349e7a45-7633-4b34-8e69-9d39aef546ab
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Plenary Lecture at Annual Conference of the Irish Assocation of Criminal Justice Research & Development, October 2016: In this lecture, I welcome the Irish Law Commission report on Harmful Communications and Digital Safety, but challenge... more
Plenary Lecture at Annual Conference of the Irish Assocation of Criminal Justice Research & Development, October 2016: In this lecture, I welcome the Irish Law Commission report on Harmful Communications and Digital Safety, but challenge its claim that the non-consensual sharing of intimate images is not a sexual offence. I argue that the term 'image-based sexual abuse' better captures the nature and harm of the non-consensual creation and distribution of private, sexual images and that these harms are a form of sexual offending. This terminology matters as it shapes legislative, political and educational responses.
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This presentation was given at the Melbourne Roundtable in February 2016 entitled: 'More than Revenge: addressing the harms of 'Revenge Pornography'' drawing on joint work with Erika Rackley. The presentation (a) argues that we should use... more
This presentation was given at the Melbourne Roundtable in February 2016 entitled: 'More than Revenge: addressing the harms of 'Revenge Pornography'' drawing on joint work with Erika Rackley. The presentation (a) argues that we should use the term image-based sexual abuse instead of 'revenge porn'; (b) that the harms of image-based sexual abuse are not sufficiently recognised and (c) identifies a number of lessons to be learnt from the UK experience in this area.
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In our evidence, we argue that the introduction of the Bill presents a landmark opportunity to enshrine in law that image-based sexual abuse is a fundamental breach of privacy and dignity, a serious form of harassment and abuse and,... more
In our evidence, we argue that the introduction of the Bill presents a landmark opportunity to enshrine in law that image-based sexual abuse is a fundamental breach of privacy and dignity, a serious form of harassment and abuse and, therefore, a cause of significant harm. We argue that the prevalence of image-based sexual abuse is a form of cultural harm contributing to the normalization of non-consensual sexual activity and creating a climate in which women’s sexual expression is not respected.
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This presentation was given to Iceland's Ministry for the Interior, Attorney General and prosecutors and the Judicial Committee of the Icelandic Parliament. It identifies some of the lessons to be learnt from the experience of introducing... more
This presentation was given to Iceland's Ministry for the Interior, Attorney General and prosecutors and the Judicial Committee of the Icelandic Parliament. It identifies some of the lessons to be learnt from the experience of introducing legislation on the misuse of private sexual images in England & Wales.
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In this presentation, McGlynn & Rackley outline the new law on revenge pornography introduced in the Criminal Justice and Courts Act 2015. They examine the limitations of the legislation and argue that reform is required to proscribe a... more
In this presentation, McGlynn & Rackley outline the new law on revenge pornography introduced in the Criminal Justice and Courts Act 2015. They examine the limitations of the legislation and argue that reform is required to proscribe a wider range of non-consensual private sexual images, including upskirting, hacked images and those distributed not just to cause distress.
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John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his... more
John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over
such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist approach. We conclude that John Stuart Mill would almost certainly have accepted certain forms of pornography regulation and, in this light, we argue that Mill can provide the foundation for new, liberal justifications of some forms of pornography regulation.
such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist approach. We conclude that John Stuart Mill would almost certainly have accepted certain forms of pornography regulation and, in this light, we argue that Mill can provide the foundation for new, liberal justifications of some forms of pornography regulation.
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On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration... more
On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration Act 2008 (CJIA). Crown Prosecution Service (CPS) figures indicate that there were 799 prosecutions in 2011. However, unlike many of the other prosecutions, Walsh’s case was the focus of extensive public debate. It was touted in the press as a ‘landmark’ case defining the boundaries of the extreme pornography provisions, in which ‘common sense prevailed’ through a ‘sensible jury verdict’. There are two particular features of this case which meant that it garnered such attention. First, Simon Walsh was a high profile defendant. At the time of his arrest he was a barrister, politician, and magistrate, as well as (according to newspaper reports) a close aide of the London Mayor, Boris Johnson. Second, his trial was live-tweeted by Walsh’s solicitor, Myles Jackman and by PhD student Alex Dymock to over 8,000 followers. Notwithstanding this publicity, R v Walsh is unreported. Accordingly, while this article draws on the public tweets and press reports, it is recognised that neither are authoritative sources of information and that it is important to treat both with great caution. Nonetheless, and with these caveats in mind, the Walsh case provides an opportunity to revisit what continues to be a misunderstood and, in this case, mis-used, law.
This article considers provisions criminalising the possession of ‘extreme pornography’ in the Criminal Justice and Immigration Act 2008. It begins by outlining the current criminal law regime governing pornography, before considering the... more
This article considers provisions criminalising the possession of ‘extreme pornography’ in the Criminal Justice and Immigration Act 2008. It begins by outlining the current criminal law regime governing pornography, before considering the new measures in detail. We highlight the areas which are most likely to witness challenges, and the areas about which confusion seems inevitable. We close by considering the arguments for proscribing the possession of extreme pornography and possible ways forward, while recognising that, regrettably, the legislative opportunity to take action in this field has most likely now been lost. (2009) 4 Criminal Law Review 245-260.
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Discusses the Government proposals, set out in its 2005 consultation paper, regarding the criminalisation of possession of extreme pornographic material. Highlights the murder case which helped spur the Government into action, the types... more
Discusses the Government proposals, set out in its 2005 consultation paper, regarding the criminalisation of possession of extreme pornographic material. Highlights the murder case which helped spur the Government into action, the types of material identified in the proposals and what they aim to achieve. Explores the responses received to the consultation, noting areas of agreement and dissention between respondent groups. Argues in favour of a categories based approach to regulating pornography which focuses on "harm to women" rather than on a tendency to "deprave and corrupt". (2007) Criminal Law Review 677-690
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Analysis of extreme pornography legislation published in (2007) New Law Journal 1142-1143.
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The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life-threatening or serious violence, and is the immediate context for this article which... more
The Criminal Justice and Immigration Act 2008 criminalizes the possession of extreme pornography, namely, images of bestiality, necrophilia, and life-threatening or serious violence, and is the immediate context for this article which seeks to present a pragmatic liberal humanist critique of pornography regulation. Such a critique, derived in particular from the writings of Nussbaum and Rorty, presents an alternative case for regulation, eschewing the visceral competing fundamentalisms which characterized the ‘porn wars’ of the 1980s and 1990s. Whilst moral and epistemological philosophers squabble with radical feminists and radical libertarians, extreme pornography can nurture real injustice and ruin real lives. A pragmatic liberal humanism demands a pragmatic response to extreme pornography. The first part of this article will revisit the longer history of the ‘porn wars’; the second describes the parameters of a pragmatic liberal humanist critique; the third examines the shorter history of pornography regulation written into the provisions now enacted in the 2008 Act. Journal of law and society. (2009) 36 Journal of Law and Society 327-351.
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(2009) 20 (1) King’s Law Journal 53-67. In the summer of 2006, a compendium of short films entitled Destricted did the rounds at a variety of European film festivals, including Cannes and the Sundance Festival, before courting rather... more
(2009) 20 (1) King’s Law Journal 53-67. In the summer of 2006, a compendium of short films entitled Destricted did the rounds
at a variety of European film festivals, including Cannes and the Sundance Festival, before courting rather greater controversy at Tate Modern, and then went on limited further release in a number of art-house cinemas. Defending its presentation, the curator of Tate Modern hoped that it would stimulate an intellectual conversation, ‘get people talking’ about representations of sexuality in art, the intersection between art and porn, and the relationship between sex and violence. It was intended, he confirmed, to explore ‘the fantasy of sex’, and ‘its representation as an aspect of real life encircled by a thicket of prejudices and taboos’. It was further intended to be the first in a series of collections of short pieces of ‘erotica’, films that possess an intrinsic ‘artistic merit’ which take them
‘beyond’ a simple ‘ability to arouse’. In the end, as we shall see, such pomposity was to be devastatingly deflated. The film experienced almost uniformly appalling reviews, many of
which focused, with a due degree of jocularity, on images of root vegetables inserted in male rectums, and semi-naked Serbian milkmaids performing Pythonesque dance
routines. But the temptation to laugh, though it can serve to alleviate our collective sense of discomfort, should be resisted.
at a variety of European film festivals, including Cannes and the Sundance Festival, before courting rather greater controversy at Tate Modern, and then went on limited further release in a number of art-house cinemas. Defending its presentation, the curator of Tate Modern hoped that it would stimulate an intellectual conversation, ‘get people talking’ about representations of sexuality in art, the intersection between art and porn, and the relationship between sex and violence. It was intended, he confirmed, to explore ‘the fantasy of sex’, and ‘its representation as an aspect of real life encircled by a thicket of prejudices and taboos’. It was further intended to be the first in a series of collections of short pieces of ‘erotica’, films that possess an intrinsic ‘artistic merit’ which take them
‘beyond’ a simple ‘ability to arouse’. In the end, as we shall see, such pomposity was to be devastatingly deflated. The film experienced almost uniformly appalling reviews, many of
which focused, with a due degree of jocularity, on images of root vegetables inserted in male rectums, and semi-naked Serbian milkmaids performing Pythonesque dance
routines. But the temptation to laugh, though it can serve to alleviate our collective sense of discomfort, should be resisted.
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Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light,... more
Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light, this article examines afresh the admissibility of sexual history evidence in rape trials. It focuses particularly on evidence relating to persons other than the accused (third-party evidence), following the recent controversial judgment of the Court of Appeal in R v Ched Evans where such evidence was introduced. The justifications for restricting sexual history evidence are considered, as well as research data on how often it is being used. Following an analysis of the current law, the article concludes that urgent reform is needed and a number of law reform options are examined. Lord Coleridge, giving judgment in 1887, would be forgiven for thinking that in R v Riley he had settled the law on whether sexual history evidence with parties other than the accused is relevant in rape trials. He said that in seeking to prove whether or not a criminal attempt to rape, as was the issue in that case, has been made 'upon her by A, evidence that she has previously had connection with B and C is obviously not in point'. 1 He continued that any such evidence should be excluded:
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Admissibility In an earlier edition of this journal, and in the aftermath of the controversial Ched Evans case, Nick Dent and Sandra Paul set forth a " defence " of the current law on the use of sexual history evidence in sexual offence... more
Admissibility In an earlier edition of this journal, and in the aftermath of the controversial Ched Evans case, Nick Dent and Sandra Paul set forth a " defence " of the current law on the use of sexual history evidence in sexual offence trials in England and Wales. They rejected arguments put forward by politicians and policy-makers—characterised as " emotive rhetoric and misconceived hyperbole " —that the ruling opens the " floodgates " to allowing sexual history evidence into trials, that the admission of sexual history evidence may perpetuate " victim-blaming " and that allowing sexual history evidence may deter complainants reporting sexual offending. This article responds to Dent and Paul by challenging the current interpretation of the law and arguing that significant reform is urgently needed. It is written with the aim of encouraging a full debate, with all available evidence being considered, as well as differing approaches and perspectives being brought into the discussion.
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This article proposes a more multifaceted way of thinking about victim-survivors' perceptions of justice; what we have termed 'kaleidoscopic justice'. Developed from an empirical investigation with 20 victim-survivors of sexual violence,... more
This article proposes a more multifaceted way of thinking about victim-survivors' perceptions of justice; what we have termed 'kaleidoscopic justice'. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Within this framework, a number of justice themes emerged, namely justice as consequences, recognition, dignity, voice, prevention and connectedness. This approach develops current understandings, in particular by emphasizing the fluidity of justice, as well as the centrality of prevention and connectedness in sexual violence survivors' understandings of justice. We suggest that it is only by better understanding victim-survivor perspectives on justice, and embedding the concept of kaleidoscopic justice, that we can begin to address the sexual violence 'justice gap'.
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In recent years, a small number of studies have investigated the use and impact of restorative justice in cases of sexual violence. While initial findings are broadly positive, the studies are constrained by small sample sizes. This... more
In recent years, a small number of studies have investigated the use and impact of restorative justice in cases of sexual violence. While initial findings are broadly positive, the studies are constrained by small sample sizes. This chapter contributes to this emerging body of evidence by sharing the preliminary findings of a study investigating the justice perspectives of a group of sexual violence survivors. This study does not provide a specific analysis of the experiences of those who have engaged in restorative approaches. Rather, it examines the insights of sexual violence survivors on their understandings of 'justice', particularly the concepts of recognition, voice and consequences. In considering the extent to which restorative justice may or may not meet these justice interests, we suggest that some restorative approaches may provide an opportunity to satisfy some elements of the survivors' understandings of justice. Nonetheless, survivors' concepts of justice extend well beyond both the conventional criminal justice system and restorative approaches, such that a far broader, kaleidoscopic, understanding of justice needs to be considered. It is widely accepted that conventional criminal justice systems fail to meet the needs and interests of sexual violence survivors. As a result, there is widespread debate over the possibility of developing and introducing more innovative means of securing justice, including a range of restorative approaches. Such approaches are being considered both as a means of reshaping or re-orientating the conventional criminal justice system, as well as for their potential to provide alternative justice responses beyond the conventional system. However, discussion regarding the potential of restorative approaches to offer some measure of justice for sexual violence survivors has largely proceeded at a conceptual level due to the limited opportunities for restorative justice to be used in this field. While it is vital that we engage in thoughtful analysis of the principles and concepts underpinning any use of restorative approaches in cases of sexual violence, the debate can make only limited progress in an empirical vacuum. Nonetheless, over the last few years, a small number of studies investigating the use and impact of restorative approaches in cases of sexual violence have been published (Daly,. These studies examine the impact of a range of restorative approaches and include the experiences and perspectives of survivors of sexual violence, though they are constrained by small sample sizes. The aim of this chapter is to contribute to this emerging body of evidence by sharing the preliminary findings of a study investigating the justice perspectives of a group of sexual
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The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim-survivors. On the other hand, from... more
The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim-survivors. On the other hand, from the perspective of victim-survivors, it may enable us to hear their stories more holistically, offering greater control and validation, and reduce victim-blaming. It may also provide an additional opportunity to secure some form of justice. Debate over the validity of these competing claims has largely taken place in an empirical vacuum. This article considers the results of an exploratory study of a restorative justice conference involving an adult survivor of child rape and other sexual abuse. The results, while necessarily tentative, provide good ground to consider afresh the possibilities of restorative justice in cases of sexual violence. We suggest that for those victim-survivors who wish to pursue this option, restorative justice may offer the potential to secure some measure of justice.
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Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the... more
Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional criminal justice system to secure these aims. While important reforms have been made, justice continues to elude many victims. Many feel re-victimized by a system which marginalizes their interests and denies them a voice. Restorative justice offers the potential to secure justice for rape victims, but feminist resistance has resulted in few programmes tackling such crimes. In After the Crime, Susan Miller evidences the positive outcomes of a restorative justice programme tackling serious offences including rape and recommends their development. However, her vision is ultimately limited by her recommendation of only post-conviction restorative processes and the implicit endorsement of the conventional criminal justice system. I argue that feminist strategy and activism must rethink its approach to what constitutes justice for rape victims, going beyond punitive state outcomes to encompass broader notions of justice, including an expansive approach to restorative justice. (2011) 31(4) Oxford Journal of Legal Studies 825-842
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For six months during 2010, debate raged over the Coalition Government’s plan to grant anonymity to those accused of rape. This contentious public debate focused almost exclusively on rape-specific arguments for or against rape defendant... more
For six months during 2010, debate raged over the Coalition Government’s plan to grant anonymity to those accused of rape. This contentious public debate focused almost exclusively on rape-specific arguments for or against rape defendant anonymity, to the exclusion of broader criminal justice and human rights concerns. This resulted in an impoverished debate which, specifically, gave no consideration to recent jurisprudence in which the highest courts have examined the appropriate balance between freedom of speech and the protection of privacy when considering defendant anonymity orders. This article remedies this lacuna, analysing this case law and applying its insights to the proposal to grant anonymity to rape defendants. While the Government’s proposal has been abandoned for the time being, this article lays the groundwork for a more reasoned and human rights conscious debate in the future, when such a reform will no doubt be proposed once again. (2011) 3 Criminal law review 199-215.
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Rape is a political issue because of feminist activism. Ever since second wave feminism lifted the lid on the systemic nature of sexual violence, including rape, feminists in the UK have fought to secure the better treatment of rape... more
Rape is a political issue because of feminist activism. Ever since second wave feminism lifted the lid on the systemic nature of sexual violence, including rape, feminists in the UK have fought to secure the better treatment of rape victims by society generally, and by the criminal justice system in particular. Reforming the law on rape has played a key role in these feminist campaigns partly due to the symbolic power of the criminal law, and most recently because of a government receptive to demands for change. However, while law reform has been successful in eliminating some of the most egregious examples of discriminatory attitudes and practices, rape remains endemic and convictions for rape are unjustifiably low. To set the analysis of recent reforms to rape law in context, this chapter provides a trajectory of feminist activism and rape law reform in England and Wales over the past thirty years. It then examines three particular aspects of recent reform which are causing considerable controversy, namely changes to the defence of belief in consent, the introduction of a strict liability offence for child rape and the challenges of intoxicated capacity and consent. The aim is to develop an analysis which demonstrates the vitality and achievements of feminist activism and rape law reform, but also the sustained resistance which such efforts meet. 'Rethinking rape law : international and comparative perspectives' McGlynn and Munro (eds) London: Routledge, pp. 139-153.
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Clare McGlynn writes a dissenting feminist judgment in the case R v A (No 2) [2001] UKHL 25 which considered sexual history evidence in sexual offence cases. This chapter is taken from Hunter, McGlynn and Rackley (eds) 'Feminist... more
Clare McGlynn writes a dissenting feminist judgment in the case R v A (No 2) [2001] UKHL 25 which considered sexual history evidence in sexual offence cases. This chapter is taken from Hunter, McGlynn and Rackley (eds) 'Feminist Judgments: from theory to practice' (Hart 2010).
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This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the... more
This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of harm criterion for torture. Nonetheless, where the severity of harm is established, the case is made that the purposive element of torture is satisfied in all cases of rape. Finally, in relation to the scope of State responsibility for rape, particularly by private individuals, the article suggests that while the Court's achievements in recognizing rape as a serious harm are considerable, there remain further avenues for jurisprudential development which would ensure that rape as a form of torture is recognized in a wider range of situations and circumstances than is currently the case. (2009) 58(3) International and comparative law quarterly 565-595.
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How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to... more
How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants.
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As one of a series of dialogues on the role of restorative justice in Scotland, the Scottish Universities Insight Institute organised an event on 22 March 2017 focussing on: Challenging Sexual Violence: Is There a Role for Restorative... more
As one of a series of dialogues on the role of restorative justice in Scotland, the Scottish Universities Insight Institute organised an event on 22 March 2017 focussing on: Challenging Sexual Violence: Is There a Role for Restorative Justice? This was an important event examining the options to be considered to help give more victim-survivors a sense of justice. I spoke and shared my research on restorative justice and survivors’ perceptions on what constitutes justice. My presentation was followed by stimulating responses from Katy Mathieson of the Scottish Women’s Rights Centre, sharing some concerns over the use of restorative justice, and Dr Marie Keenan of University College Dublin on her extensive experience of both undertaking and researching restorative practices in these cases.
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The suitability of 'out of court resolutions' (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out... more
The suitability of 'out of court resolutions' (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court resolutions for domestic abuse using the Freedom of Information Act. Out of court resolutions were used by every UK police force except Scotland to respond to over 5,000 domestic abuse incidents (including intimate partner abuse) in 2014. Some of these incidents related to offences with sentencing tariffs up to life imprisonment. Such widespread use has been taking place 'under the radar' in stark contrast to police guidance, has immediate implications for policy and practice, and fundamentally shifts the research terrain in this field.
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John Stuart Mill’s intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however... more
John Stuart Mill’s intellectual reputation is unarguable; his liberal credentials seemingly impeccable. Moreover there seems to be a Mill for everyone; liberal, radical, feminist. The precise nature of the feminist Mill has however remained a matter of considerable debate. The purpose of this article is less to engage this speculation, but rather to invite closer consideration of what Mill actually said and wrote about women and the law in nineteenth century England. For Mill, the law was both an instrument of women’s subjection and a prospective means of liberation.
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When we think of the great nineteenth century debates on the regulation of prostitution, the name of John Stuart Mill does not immediately spring to mind. In studies of both nineteenth century prostitution, and of Mill’s writing, there is... more
When we think of the great nineteenth century debates on the regulation of prostitution, the name of John Stuart Mill does not immediately spring to mind. In studies of both nineteenth century prostitution, and of Mill’s writing, there is scant reference to his thinking on this subject. In terms of feminist scholarship, this is understandable; such work frequently focuses on the often marginalized role of women activists in legal reform and on revealing the untold stories of women’s lives as prostitutes. But in the context of the vast corpus of Mill scholarship, this lack of attention to his views on prostitution is at first surprising. Indeed, despite the avowed renaissance in Mill scholarship over the past few decades, there are only two substantive analyses of Mill’s opinions on prostitution. Jeremy Waldron’s essay, although providing insightful analysis, only considers Mill on prostitution as a means of further explication of his other philosophical works, rather than as an analysis of prostitution regulation per se. Similarly, while Jim Jose and Kcasey-Renea McLoughlin rightly challenge Waldron’s analysis by re-asserting the importance of Mill’s feminism, their specific focus is not prostitution and related debates over its regulation.
This confirms Maria Morales’ argument that “systematic philosophical reflection of Mill’s significant body of work on matters concerning women’s social condition has come relatively slowly and continues to suffer from considerable gaps” (“Rational Freedom”). And so, perhaps, this lacuna should not come as such a surprise, despite the central role of both the phenomenon of prostitution and Mill himself in the emergence of feminist activism and ideas. In this article, I suggest that this failure to engage with Mill’s writings on prostitution impoverishes historical and philosophical analyses of Mill himself and his philosophy, and of our understanding more generally of prostitution regulation in the nineteenth century. Drawing on Mill’s evidence before a Royal Commission investigating the regulation of prostitution via the Contagious Diseases Acts, his opinions on prostitution expressed in On Liberty and his personal correspondence, I argue that an examination of Mill’s approach to prostitution regulation can enrich our understanding of Mill’s impact on nineteenth century debates over the role of the state and law, especially in matters of morality and sexual freedom. Further, my analysis adds weight to propositions that Mill was a more radical feminist than is often assumed. Indeed, I will suggest that a study of Mill’s approach to prostitution regulation shows that, at least in his sentiments, if not in his proscriptions for law reform, he was more closely aligned to what we would now term radical feminist thinking, than is often thought to be the case.
This confirms Maria Morales’ argument that “systematic philosophical reflection of Mill’s significant body of work on matters concerning women’s social condition has come relatively slowly and continues to suffer from considerable gaps” (“Rational Freedom”). And so, perhaps, this lacuna should not come as such a surprise, despite the central role of both the phenomenon of prostitution and Mill himself in the emergence of feminist activism and ideas. In this article, I suggest that this failure to engage with Mill’s writings on prostitution impoverishes historical and philosophical analyses of Mill himself and his philosophy, and of our understanding more generally of prostitution regulation in the nineteenth century. Drawing on Mill’s evidence before a Royal Commission investigating the regulation of prostitution via the Contagious Diseases Acts, his opinions on prostitution expressed in On Liberty and his personal correspondence, I argue that an examination of Mill’s approach to prostitution regulation can enrich our understanding of Mill’s impact on nineteenth century debates over the role of the state and law, especially in matters of morality and sexual freedom. Further, my analysis adds weight to propositions that Mill was a more radical feminist than is often assumed. Indeed, I will suggest that a study of Mill’s approach to prostitution regulation shows that, at least in his sentiments, if not in his proscriptions for law reform, he was more closely aligned to what we would now term radical feminist thinking, than is often thought to be the case.
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Research Interests: Law and Industrial Law
European Works Councils: Towards Industrial Democracy?: Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or other procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employ...more
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Abstract This article argues that European Union law, and particularly the jurisprudence of the European Court of Justice, has reproduced and thereby legitimated a traditional ideology of the "family" and "motherhood."... more
Abstract This article argues that European Union law, and particularly the jurisprudence of the European Court of Justice, has reproduced and thereby legitimated a traditional ideology of the "family" and "motherhood." This ideology limits the potential of the European Union's sex ...
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Families and the European Charter of Fundamental Rights : progressive change or entrenching the status quo ? ... McGlynn, CMS (2001) 'Families and the European Charter of Fundamental Rights : progressive change or entrenching the... more
Families and the European Charter of Fundamental Rights : progressive change or entrenching the status quo ? ... McGlynn, CMS (2001) 'Families and the European Charter of Fundamental Rights : progressive change or entrenching the status quo ?', European law review., 26 ...
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RECLAIMING A FEMINIST VISION: THE RECONCILIATION OF PAID WORK AND FAMILY LIFE IN EUROPEAN UNION LAW AND POLICY Clare McGlynri "The beginning of the twenty-first century is a symbolic moment to give shape to the new social contract on... more
RECLAIMING A FEMINIST VISION: THE RECONCILIATION OF PAID WORK AND FAMILY LIFE IN EUROPEAN UNION LAW AND POLICY Clare McGlynri "The beginning of the twenty-first century is a symbolic moment to give shape to the new social contract on gender, in which de ...
... However, lest we think that these views display some latent form of feminism, Anderson tells us that these arguments of Wilson's are not a feminist rant (p. 223). ... However, if the same had been said by a... more
... However, lest we think that these views display some latent form of feminism, Anderson tells us that these arguments of Wilson's are not a feminist rant (p. 223). ... However, if the same had been said by a 'feminist', it would have been a 'rant'. Page 3. BOOK REVIEW 309 ...
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ABSTRACT Successive studies have documented the institutionally marginalised status of many women academics. What remains unclear is whether such findings apply equally to women legal academics. This article begins the process of... more
ABSTRACT Successive studies have documented the institutionally marginalised status of many women academics. What remains unclear is whether such findings apply equally to women legal academics. This article begins the process of investigating the role, status and experiences of women legal academics, reporting the findings of the first survey into the representation of academic women in UK university law schools. The study presents a snapshot of the gender composition of law schools in October 1997, at all levels of seniority, together with data on the representation of women in each responding law school. It finds considerable differences between law schools, as well as an under-representation of women compared with men at senior levels. It is suggested that these patterns of the representation of women legal academics have important ramifications for legal education, the legal profession and the discipline of law itself.
Research Interests: Law and Legal Studies
... and the Confederation of British Industry (CBI).13 It also forms the core of the 10 Ian Forbes, 'The Privatisation of Sex Equality Policy' in Joni Lovenduski and Pippa Norris (eds), Women in Politics (Oxford: Oxford... more
... and the Confederation of British Industry (CBI).13 It also forms the core of the 10 Ian Forbes, 'The Privatisation of Sex Equality Policy' in Joni Lovenduski and Pippa Norris (eds), Women in Politics (Oxford: Oxford University Press, 1996). ...
Research Interests: Law and Modern Law
In March 2022, the European Commission proposed a new landmark Directive on combating violence against women and domestic violence which includes measures on the non-consensual distribution of intimate and manipulated images. We refer to... more
In March 2022, the European Commission proposed a new landmark Directive on combating violence against women and domestic violence which includes measures on the non-consensual distribution of intimate and manipulated images. We refer to this form of violence against women as ‘image-based sexual abuse’, a term that encompasses all forms of the non-consensual creating, taking or sharing of intimate images or videos, including threats to share such material and altered material. In this article, we provide a new analysis of current Member State laws covering all forms of image-based sexual abuse, as well as the first detailed examination of the Commission’s proposals to tackle this form of violence against women. We suggest that the Commission’s proposal is characterised by both its ambition and limitations. It is ambitious in its attempts to set minimum rules in challenging areas of criminal law and, in doing so, recognises the serious harms of image-based sexual abuse. At the same t...
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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... more
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 or 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 perpetration is higher among some groups, including younger men and sexual 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 being on 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.
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Rape is a political issue because of feminist activism. Ever since second wave feminism lifted the lid on the systemic nature of sexual violence, including rape, feminists in the UK have fought to secure the better treatment of rape... more
Rape is a political issue because of feminist activism. Ever since second wave feminism lifted the lid on the systemic nature of sexual violence, including rape, feminists in the UK have fought to secure the better treatment of rape victims by society generally, and by the criminal justice system in particular. Reforming the law on rape has played a key role in these feminist campaigns partly due to the symbolic power of the criminal law, and most recently because of a government receptive to demands for change. However, while law reform has been successful in eliminating some of the most egregious examples of discriminatory attitudes and practices, rape remains endemic and convictions for rape are unjustifiably low. To set the analysis of recent reforms to rape law in context, this chapter provides a trajectory of feminist activism and rape law reform in England and Wales over the past thirty years. It then examines three particular aspects of recent reform which are causing consid...
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... harbouring an implicit relation between law and psychology, Fiona E. Raitt and M. Suzanne Zeedyk; The business of equality, Clare McGlynn. ... Torella; The construction of women in the non-consensual sterilization debate: why a... more
... harbouring an implicit relation between law and psychology, Fiona E. Raitt and M. Suzanne Zeedyk; The business of equality, Clare McGlynn. ... Torella; The construction of women in the non-consensual sterilization debate: why a feminist analysis is needed, Mary Donnelly; Index ...
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Responds to an article by N. Dent and S. Paul, "In defence of section 41", Crim. L.R. 2017, 8, 613-627, defending current policy on use of sexual history evidence in trials under the Youth Justice and Criminal Evidence Act 1999... more
Responds to an article by N. Dent and S. Paul, "In defence of section 41", Crim. L.R. 2017, 8, 613-627, defending current policy on use of sexual history evidence in trials under the Youth Justice and Criminal Evidence Act 1999 s.41, with reference to R. v Evans (Chedwyn) (CA). Challenges their rejection of criticisms of the current regime, including that it may cause victim blaming and that Evans opens the floodgates to admitting such evidence.
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Durham Research Online. You are in ...
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Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light,... more
Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light, this article examines afresh the admissibility of sexual history evidence in rape trials. It focuses particularly on evidence relating to persons other than the accused (third-party evidence), following the recent controversial judgment of the Court of Appeal in R v Ched Evans where such evidence was introduced. The justifications for restricting sexual history evidence are considered, as well as research data on how often it is being used. Following an analysis of the current law, the article concludes that urgent reform is needed and a number of law reform options are examined.
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The ‘dominant ideology of the family’ is that of a white, heterosexual, married couple, with children, all living under the same roof, where the husband is the main breadwinner and the wife the primary carer of children and other... more
The ‘dominant ideology of the family’ is that of a white, heterosexual, married couple, with children, all living under the same roof, where the husband is the main breadwinner and the wife the primary carer of children and other dependants. In other terminology, this is, of course, the traditional nuclear family. This is ‘the family’ which frames debates on families and family law and it is the ideal against which other family forms and practices are measured. It is also ‘the family’ which bears little comparison to the realities of family life in Europe today, yet it continues to exert significant force over judicial reasoning and legislative activity. This chapter examines, first, the dominant ideology of the family, before going on to outline the realities of family life, the new sociological explanations for changes in family practices and the new and emerging ideals of family life. It is argued that the European Union must embrace a more diverse, pluralist concept of family which should then form the basis for its regulation of families and emerging family law. The dominant ideology of the family The dominant ideology of the family reproduces stereotypes and norms for women, men and families, which may not reflect reality, but which frame discussion of issues and against which the legitimacy of individual claims are judged. As Diana Gittins suggests, the ideology of ‘the family’ has ‘influenced, and continues to influence, social policy and the ways in which laws are formulated and implemented for the population overall’.
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For six months during 2010, debate raged over the Coalition Government’s plan to grant anonymity to those accused of rape. This contentious public debate focused almost exclusively on rape-specific arguments for or against rape defendant... more
For six months during 2010, debate raged over the Coalition Government’s plan to grant anonymity to those accused of rape. This contentious public debate focused almost exclusively on rape-specific arguments for or against rape defendant anonymity, to the exclusion of broader criminal justice and human rights concerns. This resulted in an impoverished debate which, specifically, gave no consideration to recent jurisprudence in which the highest courts have examined the appropriate balance between freedom of speech and the protection of privacy when considering defendant anonymity orders. This article remedies this lacuna, analysing this case law and applying its insights to the proposal to grant anonymity to rape defendants. While the Government’s proposal has been abandoned for the time being, this article lays the groundwork for a more reasoned and human rights conscious debate in the future, when such a reform will no doubt be proposed once again.
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In this presentation, McGlynn & Rackley outline the new law on revenge pornography introduced in the Criminal Justice and Courts Act 2015. They examine the limitations of the legislation and argue that reform is required to proscribe... more
In this presentation, McGlynn & Rackley outline the new law on revenge pornography introduced in the Criminal Justice and Courts Act 2015. They examine the limitations of the legislation and argue that reform is required to proscribe a wider range of non-consensual private sexual images, including upskirting, hacked images and those distributed not just to cause distress.
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This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the... more
This article examines the legacy of the ground-breaking judgment in Aydin v Turkey in which the European Court of Human Rights held that rape could constitute torture. Ten years on, it examines jurisprudential developments in the conceptualisation of torture in the specific context of the offence of rape. It is argued that while all rapes should be found to satisfy the minimum threshold for Article 3, rape does not per se satisfy the severity of harm criterion for torture. Nonetheless, where the severity of harm is established, the case is made that the purposive element of torture is satisfied in all cases of rape. Finally, in relation to the scope of State responsibility for rape, particularly by private individuals, the article suggests that while the Court's achievements in recognizing rape as a serious harm are considerable, there remain further avenues for jurisprudential development which would ensure that rape as a form of torture is recognized in a wider range of situat...
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This eye-opening new book provides a fascinating study of the status and experiences of women in the law, and is unique in its analysis of developments from the law school to the judiciary. The Woman Lawyer also advocates the need for... more
This eye-opening new book provides a fascinating study of the status and experiences of women in the law, and is unique in its analysis of developments from the law school to the judiciary. The Woman Lawyer also advocates the need for fundamental ...
... Challenging the European Harmonisation of Family Law it appears likely that initially only some cohabitees may benefit from such a ruling, most likely heterosexual cohabitees who can demonstrate significant levels of ... There is a... more
... Challenging the European Harmonisation of Family Law it appears likely that initially only some cohabitees may benefit from such a ruling, most likely heterosexual cohabitees who can demonstrate significant levels of ... There is a clear presumption of heterosexuality in this ...
Research Interests: Law and Political Science
As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e.,... more
As of 2020, legal protections for victims of image-based sexual abuse in the United States remain inadequate. For example, no federal law yet criminalizes the sharing of sexually intimate material without a person’s consent (i.e., nonconsensual porn), and existing state laws are patchy and problematic. Part of the reason for this problem may be that U.S. lawmakers and the general public have yet to grasp that nonconsensual porn is a form of sexual abuse, with many of the same devastating, recurring, and lifelong consequences for victims. This review of psychological research on nonconsensual porn includes frameworks for understating this image-based sexual abuse, correlates and consequences of victimization, victim blame, and the nature of perpetration. Then, we analyze U.S. laws on nonconsensual porn in light of this review and argue for comprehensive legislative solutions.
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This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United... more
This article examines the ways in which mainstream pornography positions sexual violence as a normative sexual script by analysing the video titles found on the landing pages of the three most popular pornography websites in the United Kingdom. The study draws on the largest research sample of online pornographic content to date and is unique in its focus on the content immediately advertised to a new user. We found that one in eight titles shown to first-time users on the first page of mainstream porn sites describe sexual activity that constitutes sexual violence. Our findings raise serious questions about the extent of criminal material easily and freely available on mainstream pornography websites and the efficacy of current regulatory mechanisms.
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The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing... more
The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing discussions, we undertook a study to find out information about who is being charged with extreme pornography offences and their characteristics in terms of gender, age and ethnicity, as well as data on the specific type of pornography forming the subject-matter of those charges. Utilising freedom of information requests, our study provides valuable new information to help inform debates over the policing of extreme pornography across England and Wales. Overall, we found that the vast majority of those charged were white men across all age groups; that bestiality images formed the most common basis for charging and that, in respect of the data provided, the majority of charges were brought together with other sexual offences.
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The use of restorative justice in cases of domestic abuse is highly controversial. While little is known about how restorative approaches are used by the police, recent research shows they are used on a widespread basis to respond to... more
The use of restorative justice in cases of domestic abuse is highly controversial. While little is known about how restorative approaches are used by the police, recent research shows they are used on a widespread basis to respond to domestic abuse throughout England and Wales (Westmarland et al, 2018). This study delves deeper, to look at 62 cases within one police force. Qualitative police data extracted from force systems were analysed to discover in what type of domestic abuse incidents restorative approaches are used, and what type of approaches are used. We argue that while the language of restorative justice was used, the spirit of restorative justice was often missing. In some cases, the police seem to be using the language of restorative justice to respond to cases they do not think would benefit from further criminal justice intervention (a ‘new NFA’ (No Further Action)). We conclude that further differentiation between different forms of domestic abuse and different forms...
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The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out... more
The suitability of ‘out of court resolutions’ (restorative justice and community resolutions) in cases of domestic abuse is theoretically contentious and empirically under-researched. This study investigated the nature and extent of out of court resolutions for domestic abuse using the Freedom of Information Act. Out of court resolutions were used by every UK police force except Scotland to respond to over 5,000 domestic abuse incidents (including intimate partner abuse) in 2014. Some of these incidents related to offences with sentencing tariffs up to life imprisonment. Such widespread use has been taking place ‘under the radar’ in stark contrast to police guidance, has immediate implications for policy and practice, and fundamentally shifts the research terrain in this field.
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Image-based sexual abuse is a pervasive and pernicious form of sexual abuse. We use the term ‘image-based sexual abuse’ to refer to a broad range of abusive behaviours including the taking and/or distribution of nude or sexual images... more
Image-based sexual abuse is a pervasive and pernicious form of sexual abuse. We use the term ‘image-based sexual abuse’ to refer to a broad range of abusive behaviours including the taking and/or distribution of nude or sexual images without consent, including threats to do so, which includes so-called ‘revenge porn’, ‘upskirting’, fakeporn, sexual extortion and videos of sexual assaults and rapes. This report draws on interviews with 25 victim-survivors of image-based sexual abuse and over 25 stakeholders, including police, policy-makers, lawyers and survivor organisations conducted over a six-month period in 2018.
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Research Interests: Law and Political Science
The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-pro t purposes provided that: • a full... more
The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-pro t purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details.
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Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude... more
Beyond ‘scandals’ and the public testimonies of victim-survivors, surprisingly little is known about the nature and extent of the harms of ‘image-based sexual abuse’, a term that includes all non-consensual taking and/or sharing of nude or sexual images. Accordingly, this article examines the findings from the first cross-national qualitative study on this issue, drawing on interviews with 75 victim-survivors of image-based sexual abuse in the UK, Australia and New Zealand. We adopt a feminist phenomenological approach that permits more nuanced and holistic understandings of victim-survivors’ experiences, moving beyond medicalised, trauma-based accounts of harm. Our analysis develops five interconnected accounts of the harms experienced, that we have termed social rupture, constancy, existential threat, isolation and constrained liberty. Our findings shed new light on the nature and significance of the harms of image-based sexual abuse that emphasises the need for more comprehensive...
Research Interests: Sociology, Criminology, Psychology, Law, Torture, and 4 moreExistentialism, Harm, H, and Social legal studies
In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors’ experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We... more
In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors’ experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We argue that although cyberflashing can be prosecuted in England and Wales, this is only in very limited circumstances; the existing law is confusing, piecemeal, has significant omissions, and consequently prosecutions are extremely unlikely. As such, the current criminal law in England and Wales is failing victim-survivors of cyberflashing. Due to its prevalence, its harmful impacts and similarities with other criminalised forms of sexual violence, comprehensive law reform, which appropriately addresses cyberflashing as a sexual offence, is now critical. Accordingly, we examine legislation in other jurisdictions where criminal laws targeting cyberflashing have been adopted, and provide recommendations for law reform: specifically, we recommend the de...
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... Ian Ward is a Professor of Law at Newcastle Law School, Newcastle University. ... were also rather more troubling images in Destricted; images of men forcing guns into the mouths of sex dolls, and of young-looking girls in pigtails... more
... Ian Ward is a Professor of Law at Newcastle Law School, Newcastle University. ... were also rather more troubling images in Destricted; images of men forcing guns into the mouths of sex dolls, and of young-looking girls in pigtails lying on their beds playing with teddy-bears and ...
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This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence,... more
This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Within this framework, a number of justice themes emerged, namely justice as consequences, recognition, dignity, voice, prevention and connectedness. This approach develops current understandings, in particular by emphasizing the fluidity of justice, as well as the centrality of prevention and connectedness in sexual violence survivors’ understandings of justice. We suggest that it is only by better understanding victim-survivor perspectives on justice, and embedding the concept of kaleidoscopic justice, that we can begin to address the sexual vi...
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Research Interests: Sociology, Criminology, Law, Political Philosophy, Sexual Abuse, and 12 moreHuman Rights, Sexual Violence, Public International Law, Feminist Legal Studies, Social Science Research Network, Legislature, Phenomenon, Revenge Pornography, K, Revenge Porn, continuum of sexual violence, and image based sexual abuse
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On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration... more
On 8th August 2012, Simon Walsh was acquitted of five counts of possessing extreme pornography. The case was not, of course, the first prosecution under the extreme pornography provisions contained in the Criminal Justice and Immigration Act 2008 (CJIA). Crown Prosecution Service (CPS) figures indicate that there were 799 prosecutions in 2011. However, unlike many of the other prosecutions, Walsh’s case was the focus of extensive public debate. It was touted in the press as a ‘landmark’ case defining the boundaries of the extreme pornography provisions, in which ‘common sense prevailed’ through a ‘sensible jury verdict’. There are two particular features of this case which meant that it garnered such attention. First, Simon Walsh was a high profile defendant. At the time of his arrest he was a barrister, politician, and magistrate, as well as (according to newspaper reports) a close aide of the London Mayor, Boris Johnson. Second, his trial was live-tweeted by Walsh’s solicitor, Myles Jackman and by PhD student Alex Dymock to over 8,000 followers. Notwithstanding this publicity, R v Walsh is unreported. Accordingly, while this article draws on the public tweets and press reports, it is recognised that neither are authoritative sources of information and that it is important to treat both with great caution. Nonetheless, and with these caveats in mind, the Walsh case provides an opportunity to revisit what continues to be a misunderstood and, in this case, mis-used, law.