Image-based Sexual Abuse

Violation by way of the distribution of sexual images or image-based sexual abuse or non-consensual “pornography”, or more colloquially and simply, “revenge porn”, entail the online, at times offline, non-consensual distribution, or sharing, of explicit images of someone else seeking revenge, entertainment or political motive. Although male ex-partners are reported as the main perpetrators, current partners, (ex-)friends of both victims and perpetrators, people known to the victim, people seeking revenge for friends, Internet hackers and trolls, amongst others, may also be involved (Tyler, 2016).

The negative impact it has on victims is significant and profound in terms of physical and psychological health and well-being, as with many other forms of gender and sexual violence and abuse. Victims report a host of negative effects: feelings of humiliation, shame, embarrassment and reputation damage with intimate partners, family, friends, work colleagues and, in public; sexual shame,  sexual problems and body image issues with intimate partners; education and employment disruptions; becoming paranoid and hyper-vigilant, and concerned for their personal safety. For example, some have reported being stalked, harassed and threatened with gang rape because of their personal information was also made public. Some victims have even taken their own lives (Citron & Franks, 2014).

Background: In 2013 the Queensland Government introduced criminal association and mandatory sentencing laws for members of outlaw motorcycle gangs (OMCGs). Forms of " criminal association " or " anti-bikie " laws have been introduced in several Australian jurisdictions, and recent High Court decisions upholding their constitutionality will ensure that they remain part of our justice landscape. Generally, the aims of these laws are to declare a specific organisation as " criminal " and impose various legal orders and offences that thwart the consorting of members and address organised crime, such as unexplained wealth regimes. There have been significant criticisms of these styles of association laws both here and internationally. The aim of this research is to show the extent of involvement of OMCGs in the drug trade and associated organised crime activity, and whether anti-association laws are an effective response to this type of organised criminal activity. Methods: This paper relied on six years of data outlining the criminal activity of OMCGs from the Queensland Police Service (QPS) obtained under the legislative framework of The Queensland Right to Information Act (RTI) 2009. Information obtained from the Queensland Commission into Organised Crime (2015) and Queensland Taskforce into organised crime legislation (2015) was also used. Results: The data suggest that the role of OMCGs in the drug market has been overstated and is not as dominant as has been portrayed by government agencies and the popular media. Generally, OMCGs account for less than one percent of organised crime type activity. This is also true for drug type offences where OMCGs are responsible for less than one percent of offences. The findings show that the Queensland example has highlighted the ineffectiveness of the criminal association laws and the mandatory sentencing provisions in that they have had little impact on drug market activity and little success in the courts. Conclusion: The analysis presented here is twofold: an examination of the legal ramifications and an evaluation of the investigative utility of such laws from a policy evaluation standpoint. In both cases, there is little evidence to suggest that these laws are an effective or appropriate response.

This 2020 report describes the key findings of a cross- national survey into image-based sexual abuse. This is a follow-up study to our 2016 Australian survey and extends the research to New Zealand and the United Kingdom. It provides data on respondents’ experiences of image- based sexual abuse victimisation as well as self-disclosed perpetration behaviours. At the time of writing, this research is the first cross-national survey into victimisation and perpetration of image-based sexual abuse.

Purpose of Review Widely referred to as either "revenge porn" or "nonconsensual sharing of sexual imagery," image-based sexual abuse targets millions of people around the world and causes much harm. This article covers the current state of social scientific knowledge on this key variant of digitized sexual violence and suggests new directions in empirical work. Recent Findings A rapidly growing body of research shows that image-based sexual abuse is committed mainly by men against women and it often co-occurs with offline forms of male-to-female assaults like rape, stalking, and beatings. Additionally, to further understand the scope of factors that contribute to the problems of online image-based sexual abuse online, researchers should examine the relationship between image-based sexual abuse and pornography consumption. Summary Future studies should be specially designed to test theories that prioritize the concepts of gender, power, control, and patriarchy. Further, despite the creation of new legislation aimed at curbing image-based sexual abuse, the criminal justice system's response has, thus far, been woefully inadequate. Hence, additional means of prevention and control are necessary. A multidisciplinary approach may involve mental health and sexual wellness awareness campaigns that include ethical behaviors in a digital space. Also, clinical assessment and treatment may be part of creating long-term changes at individual, interpersonal, and societal levels with psychosexual education that investigates core beliefs and harmful operating systems that facilitate image-based sexual abuse. Moreover, testing and providing empirically validated treatments for those who experienced sexual trauma and those who perpetrated and consumed digitized sexual abuse are warranted.

Distribution of nude, intimate and sexualized images of individuals without consent and against the wishes of those individuals whose image has been captured, is of growing concern across the world. Moving from the conceptualization of 'revenge porn' in the early 2000's, through to our more sophisticated understanding of the issues of "image-based abuse" and "non-consensual pornography" this paper considers the broad context of these crimes. The paper draws on the concepts of online misogyny, gender-based victimization, and "toxic masculinity". The progress towards criminalization of such online abuse, with reference to the recent introduction of new laws in England & Wales and Australia is examined. This shift from voluntary to statutory regulation, and from civil to criminal law remedies has been coupled with new crime prevention and control initiatives that seek to encourage reporting leading to prosecution and educate users and empower victims. As countries successively tackle image-based abuse through their own criminal justice systems and stakeholder engagement, there is a need to learn from and critique what has already been established. Summarizing the approaches undertaken in England & Wales and Australia we draw important conclusions that are based on the experiences of early responders, bringing together several best practices for the prevention and response to image-based abuse. ________________________________________________________________________

Image-based sexual abuse (IBSA) refers to the non-consensual recording, distribution, or threat of distribution, of nude or sexual images. Over the past five years, numerous jurisdictions have amended their criminal laws to respond more effectively to this growing phenomenon, yet increased criminalization has not automatically translated into increased prosecu- tions. Drawing on stakeholder interviews with 52 Australian legal and policy experts, domestic and sexual violence advocates, industry repre- sentatives, police, and academics, this article examines law enforcement responses to IBSA in Australia. We argue that although there is evidence to suggest IBSA is being treated more seriously by police, there are five primary barriers to responding to IBSA, including: inconsistent laws; a lack of resources; evidentiary limitations; jurisdictional boundaries; and victim-blaming or harm minimization attitudes. Suggestions are made for how to respond to these challenges to facilitate more effective policing of IBSA.

Image-based sexual abuse (IBSA) involves three key behaviors: the non-consensual taking or creation of nude or sexual images; the non-consensual sharing or distribution of nude or sexual images; and threats made to distribute nude or sexual images. IBSA is becoming increasingly criminalized internationally, representing an important and rapidly developing cybercrime issue. This paper presents findings of the first national online survey of self-reported lifetime IBSA perpetration in Australia (n = 4,053), with a focus on the extent, nature, and predictors of perpetration. Overall, 11.1% (n = 411) of participants self-reported having engaged in some form of IBSA perpetration during their lifetime, with men significantly more likely to report IBSA perpetration than women. With regard to the nature of perpetration, participants reported targeting men and women at similar rates, and were more likely to report perpetrating against intimate partners or ex-partners, family members and friends than strangers or acquaintances. Logistic regression analyses identified that males, lesbian, gay or bisexual participants, participants with a self-report disability, participants who accepted sexual image-based abuse myths, participants who engaged in or experienced sexual self-image behaviors, and participants who had a nude or sexual image of themselves taken, distributed, or threatened to be distributed without their consent were more likely to have engaged in some form of IBSA perpetration during their lifetime.

English below:
Meginniðurstöður greinargerðarinnar eru þær að þörf er á lagasetningu til þess að tryggja heildstæða og fullnægjandi réttarvernd kynferðislegrar
friðhelgi einstaklinga í íslenskum rétti. Enn fremur þarf að fylgja lagabreytingum eftir með þríþættum stefnumótandi aðgerðum sem lúta að forvörnum og fræðslu, úrbótum á meðferð mála innan réttarvörslukerfisins og stuðningi við þolendur. Til grundvallar þessari niðurstöðu liggur greining á lagaumgjörð og réttarframkvæmd í íslenskum rétti, sem einnig er tekin til skoðunar í samanburði við löggjöf annarra ríkja og leiðir í ljós ósamræmi í dómframkvæmd og veikleika í löggjöfinni. Þá er stuðst við niðurstöður úr viðtalsrannsókn við hagsmunaaðila sem starfa innan réttarvörslukerfisins, innlenda og erlenda sérfræðinga og sjónarmið þolenda brota gegn kynferðislegri friðhelgi. Þær aðgerðir sem lagt er til að ráðist verði í eru til þess fallnar að skýra réttarvernd fyrir friðhelgi einstaklinga í ljósi aukinnar tækninotkunar í mannlegum samskiptum. Þá er lagt til að hugað verði að lagabreytingum sem falla utan þess ramma sem greinargerð þessari er markaður. Að mati höfundar er rétt að stjórnvöld ráðist sem fyrst í heildstæða endurskoðun á annars vegar refsingum fyrir kynferðisbrot og hins vegar á refsivernd friðhelgi einkalífs og rannsóknarúrræðum vegna stafrænna brota.


The main findings of the report are that the in light of societal and technological changes, the Icelandic General Penal Code is not fit for purpose to ensure efficient protection of sexual privacy. This is based on a court case analysis highlighting a fractured application of current provisions, interviews with stakeholders, survivor’s perspectives, and an extensive comparative legal analysis exposing gaps and overlaps in the current legal framework. The report suggests a comprehensive response
to enhance the protection of sexual privacy in Iceland. It calls for and sets out a criminal law reform combined with a threefold policy reform addressing preventative measures, victim support and adjustments to the process and resources attributed to the issue within the criminal justice system.
Further, the research underpinning the recommendations has cast a light on issues that lie outside of the remit of the report, but the author recommends the Icelandic Government addresses and reforms. Firstly, an inconsistency in the sentencing framework of the sexual violations chapter of the General Penal Code. Second, the Icelandic statutory criminal protection of privacy are outdated and does not provide sufficient protection for privacy in the digital age. Both issues call for a comprehensive overhaul of the current frameworks.

The non-consensual distribution of intimate images, also known as ‘revenge pornography’ has been increasingly identified as a significant and serious problem, warranting substantial legislative reform and non-legal remedies. Yet little information is available to date on these types of behaviours, or the extent of harms caused to victims. What is clear is that this form of image-based sexual exploitation is occurring globally, and research is needed to assist in the development of: concise laws, training for criminal justice authorities, social workers and victim advocates, and education and prevention campaigns, in order to respond effectively to the victims and perpetrators of these harms.

• 1 in 5 Australians have experienced image-based abuse
• Victims of image-based abuse experience high levels of psychological distress
• Women and men are equally likely to report being a victim
• Perpetrators of image-based abuse are most likely to be male, and known to the victim
• Men and young adults are more likely to voluntarily share a nude or sexual image of themselves
• Women are more likely than men to fear for their safety due to image-based abuse
• Abuse risk is higher for those who share sexual sel es, but they are not the only victims
• 1 in 2 Australians with a disability report being a victim of image-based abuse
• 1 in 2 Indigenous Australians report image-based abuse victimisation
• Image-based abuse victimisation is higher for lesbian, gay and bisexual Australians
• Young people aged 16 to 29 years are also at higher risk of image-based abuse
• 4 in 5 Australians agree it should be a crime to share sexual or nude images without permission

The growth, and popularity, of the Internet is unprecedented. Internet World Stats (2020) reports that more than 59 percent of the world's population has access to the World Wide Web, and the Real Time Statistics Project (2020) live Internet statistics shows there are now nearly 1.8 billion websites worldwide. According to the Internet safety website, Enough is Enough (2019), around 30 percent of Internet content is pornography, and around 88 percent of that contains violence against women. Whilst such numbers might be contestable, there is no doubt that online pornography has mushroomed and online violence against women is endemic (Kyriak et al. 2018, Mihajlov and Vejmelka 2017).
Online sexual abuse and violation concern matters of sexuality and violence, through the medium of new information and communication technologies (ICTs). In this chapter, we approach this nexus through attending to the phenomenon of what has come to be called ‘revenge pornography’, which, as we shall shortly discuss, is better conceptualised in rather different terms. Indeed, one of the more recent consequences of the relationship between pornography and the development of Internet and mobile technologies has been the borderless spread of various forms of online harassment, humiliation, abuse and violation, along with invasion of privacy and loss of reputation.
Here we examine online sexual abuse and violation, and specifically so-called ‘revenge porn’, in relation to its transnational production, consumption, interventions to counter it, and its very existence as a new online-offline configuration. We consider the transnational dispersions of sexualities, sexual abuse and sexual violations, and how global and transnational approaches can inform analysis, theorizing, and politics related to these phenomena. In turn, critical attention to ‘revenge porn’ as a theoretical and political problematic can assist rethinking transnational processes more broadly.

Discourses on men’s violence against women have long been associated with linguistic avoidance and communicative strategies that obscure the responsibility of male perpetrators. Linguistic avoidance does not only obfuscate the responsibility of male perpetrators; such strategies also hide the norms and attitudes that underpin much of men’s violence against women. Such techniques represent a form of misdirection: communicative strategies that draw attention away from the true causes or nature of an issue. To demonstrate misdirection in action, I conduct a feminist critical discourse analysis of Australian parliamentarians’ speech acts during the criminalisation of upskirting in Victoria in 2007.

‘Upskirting’ is the action or practice of surreptitiously taking photographs or videos up a female’s skirt or dress. In the UK it is an offence. However, internationally, laws are uneven. Understanding how perpetrators account for their actions becomes an important question. Here we present the findings of our thematic analysis of posts on the ‘upskirting’ website, The Candid Zone. Our analysis shows that posters and respondents frame this activity as artistic and technical, providing each other with advice and guidance on where, and how to get the ‘best’ shots. We conceptualize this as form of abuse as homosociality and craftsmanship.

Polyvictimization means looking at multiple victimizations of different kinds that one person has experienced. Virtually, all of the work in this field focuses on the effects of childhood trauma and victimization on currently distressed children, and empirical and theoretical work on the intertwining of adult female offline and online abuse experiences is in short supply. Recently, however, some scholars are starting to fill these research gaps by generating data showing that technology-facilitated violence and abuse are part and parcel of women's polyvictimization experiences at institutions of higher education. This chapter provides an in-depth review of the extant social scientific literature on the role technology-facilitated violence and abuse plays in the polyvictimization of female college/university students. In addition to proposing new ways of knowing, we suggest progressive policies and practices aimed at preventing polyvictimization on the college campus.

This survey for my research work aims to collect data on experiences of Revenge pornography (Image based sexual abuse) and that of the Criminal Justice System with reference to this offence. The survey does not ask for any personal identification details and is for research purposes only.