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Open Access
Book part
Publication date: 4 June 2021

Olga Marques

Media attention on nonconsensual intimate image dissemination has led to the relatively recent proliferation of academic research on the topic. This literature has focused on many…

Abstract

Media attention on nonconsensual intimate image dissemination has led to the relatively recent proliferation of academic research on the topic. This literature has focused on many areas including victimization and perpetration prevalence rates, coerced sexting, legal and/or criminal contexts, sexual violence in digital spaces, gendered constructions of blame and risk, and legal analysis of high-profile cases and legislation. Despite this research, several gaps exist, including a lack of empirical research with service providers. Informed by in-depth interviews with 10 sexual violence frontline professionals in Southern Ontario (Canada), this chapter focuses on their perspectives of the additive role of technology. With respect to nonconsensual intimate image dissemination, technology acts as a digital “layer” that operates in addition to the commission of physical acts of sexual violence, and compounds the harms experienced by the victim by adding a virtual – and indelible – “permanent remembering” of the violence. Nuancing the contours of consent in a digital age, this chapter concludes by considering what consent means in a technological context.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access
Book part
Publication date: 4 June 2021

Moira Aikenhead

Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to…

Abstract

Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to “revenge pornography,” which entails individuals (typically men) sharing intimate images of their ex-partners (typically women) online in an attempt to seek revenge or cause them harm. Feminist writers and activists categorize revenge pornography as a symptom and consequence of “rape culture,” in which sexual violence is routinely trivialized and viewed as acceptable or entertaining, and women are blamed for their sexual victimization. In this chapter, I analyze Canada's burgeoning revenge pornography case law and find that these cases support an understanding of revenge pornography as a serious form of communal, gendered, intimate partner violence, which is extremely effective at harming victims because of broader rape culture. While Canadian judges are taking revenge pornography seriously, there is some indication from the case law that they are at risk of relying on gendered reasoning and assumptions previously observed by feminists in sexual assault jurisprudence, which may have the result of bolstering rape culture, rather than contesting it.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Article
Publication date: 11 September 2021

Catherine D. Marcum, Barbara H. Zaitzow and George E. Higgins

The purpose of this study is to explore the experiences of university students with nonconsensual pornography. The focus of the present work is on nonconsensual pornography – the…

Abstract

Purpose

The purpose of this study is to explore the experiences of university students with nonconsensual pornography. The focus of the present work is on nonconsensual pornography – the nonconsensual distribution of intimate images and sexual extortion – that are becoming common experiences for many people. While the forms of nonconsensual pornography may vary, each case has one thing in common: the offender has shared a private image of the victim without the victim’s consent.

Design/methodology/approach

The data for this study was collected from student participants at a southeastern university. The stratified sample of university students was sent a link to an online survey and the responses of those who chose to respond were used in subsequent analyses (n = 300).

Findings

The findings of this exploratory study show low self-control as a significant predictor of sexting. Significant predictors of victimization via nonconsensual pornography included participation in sexting and use of dating apps.

Originality/value

While not generalizable, the descriptive data provide an important landscape for consideration of policy and legal recommendations to protect potential victims as well as would-be perpetrators beyond a university setting.

Details

Journal of Aggression, Conflict and Peace Research, vol. 14 no. 1
Type: Research Article
ISSN: 1759-6599

Keywords

Open Access
Book part
Publication date: 4 June 2021

Nicola Henry and Alice Witt

The nonconsensual taking or sharing of nude or sexual images, also known as “image-based sexual abuse,” is a major social and legal problem in the digital age. In this chapter, we…

Abstract

The nonconsensual taking or sharing of nude or sexual images, also known as “image-based sexual abuse,” is a major social and legal problem in the digital age. In this chapter, we examine the problem of image-based sexual abuse in the context of digital platform governance. Specifically, we focus on two key governance issues: first, the governance of platforms, including the regulatory frameworks that apply to technology companies; and second, the governance by platforms, focusing on their policies, tools, and practices for responding to image-based sexual abuse. After analyzing the policies and practices of a range of digital platforms, we identify four overarching shortcomings: (1) inconsistent, reductionist, and ambiguous language; (2) a stark gap between the policy and practice of content regulation, including transparency deficits; (3) imperfect technology for detecting abuse; and (4) the responsibilization of users to report and prevent abuse. Drawing on a model of corporate social responsibility (CSR), we argue that until platforms better address these problems, they risk failing victim-survivors of image-based sexual abuse and are implicated in the perpetration of such abuse. We conclude by calling for reasonable and proportionate state-based regulation that can help to better align governance by platforms with CSR-initiatives.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access
Book part
Publication date: 4 June 2021

Pam Hrick

As the means and harms of technology-facilitated violence have become more evident, some governments have taken steps to create or empower centralized bodies with statutory…

Abstract

As the means and harms of technology-facilitated violence have become more evident, some governments have taken steps to create or empower centralized bodies with statutory mandates as part of an effort to combat it. This chapter argues that these bodies have the potential to meaningfully further a survivor-centered approach to combatting technology-facilitated violence against women – one that places their experiences, rights, wishes, and needs at its core. It further argues that governments should consider integrating them into a broader holistic response to this conduct.

An overview is provided of the operations of New Zealand's Netsafe, the eSafety Commissioner in Australia, Nova Scotia's Cyberscan Unit, and the Canadian Centre for Child Protection in Manitoba. These types of centralized bodies have demonstrated an ability to advance survivor-centered approaches to technology-facilitated violence against women through direct involvement in resolving instances of violence, education, and research. However, these bodies are not a panacea. This chapter outlines critiques of their operations and the challenges they face in maximizing their effectiveness.

Notwithstanding these challenges and critiques, governments should consider creating such bodies or empowering existing bodies with a statutory mandate as one aspect of a broader response to combatting technology-facilitated violence against women. Some proposed best practices to maximize their effectiveness are identified.

Open Access
Book part
Publication date: 4 June 2021

Ari Ezra Waldman

Mobile dating apps are widely used in the queer community. Whether for sexual exploration or dating, mobile and geosocial dating apps facilitate connection. But they also bring…

Abstract

Mobile dating apps are widely used in the queer community. Whether for sexual exploration or dating, mobile and geosocial dating apps facilitate connection. But they also bring attendant privacy risks. This chapter is based on original research about the ways gay and bisexual men navigate their privacy on geosocial dating apps geared toward the LGBTQI community. It argues that, contrary to the conventional wisdom that people who share semi-nude or nude photos do not care about their privacy, gay and bisexual users of geosocial dating apps care very much about their privacy and engage in complex, overlapping privacy navigation techniques when sharing photos. They share semi-nude and nude photos for a variety of reasons, but generally do so only after building organic trust with another person. Because trust can easily break down without supportive institutions, this chapter argues that law and design must help individuals protect their privacy on geosocial dating apps.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access
Book part
Publication date: 4 June 2021

Laura Vitis

Technology-facilitated violence against women (TFVW) is readily becoming a key site of analysis for feminist criminologists. The scholarship in this area has identified online…

Abstract

Technology-facilitated violence against women (TFVW) is readily becoming a key site of analysis for feminist criminologists. The scholarship in this area has identified online sexual harassment, contact-based harassment, image-based abuse, and gender-based cyberhate – among others – as key manifestations of TFVW. It has also unpacked the legal strategies available to women seeking formal justice outcomes. However, much of the existing empirical scholarship has been produced within countries like the United States, United Kingdom, and Australia, and there has been limited research on this phenomenon within South East Asia. As such, this chapter maps how technology is shaping Singaporean women's experiences of gendered, sexual, and domestic violence. To do so, it draws upon findings from a research project which examined TFVW in Singapore by utilizing semistructured interviews with frontline workers in the fields of domestic and sexual violence and LGBT services. Drawing from Dragiewicz et al.’s (2018) work on technology-facilitated coercive control (TFCC), I argue that victims-survivors of dating, domestic, and family violence need to be provided with support that is TFCC informed and technically guided. I also suggest that further research is needed to fully understand the prevalence and nature of TFVW in the Singaporean context.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access
Book part
Publication date: 4 June 2021

Christopher Dietzel

Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014)…

Abstract

Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014). Much of the research on rape culture focuses on the experiences of heterosexual women, and few studies have explored rape culture in the context of dating apps. This chapter explores how men who have sex with men (MSM) understand and experience rape culture through their use of Grindr and similar dating apps. A thematic analysis of interviews with 25 MSM dating app users revealed problematic user behavior as well as unwanted sexual messages and images as common manifestations of rape culture on dating apps. Participants explained that rape culture extends beyond in-app interactions to in-person encounters, as evident by incidents of sexual violence that several participants had experienced and one participant had committed. Participants were unsure about the extent to which MSM dating apps facilitate rape culture but asserted that some apps enable rape culture more than others. This chapter demonstrates the importance of investigating sexual violence against people of diverse gender and sexual identities to ensure their experiences are not minimized, ignored, or rendered invisible.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Book part
Publication date: 8 February 2016

Katharine K. Baker and Michelle Oberman

This paper evaluates the modern baseline presumption of nonconsent in sexual assault (rape) cases in light of different theories of sexuality (feminism on the one hand and sex…

Abstract

This paper evaluates the modern baseline presumption of nonconsent in sexual assault (rape) cases in light of different theories of sexuality (feminism on the one hand and sex positivism/queer theory on the other) and in light of how sexuality manifests itself in the lives of contemporary young women. The authors analyze social science literature on contemporary heterosexual practices such as sexting and hook-ups, as well as contemporary media imagery, to inform a contemporary understanding of the ways in which young people perceive and experience sex. Using this evidence as a foundation, the authors reconsider the ongoing utility of a baseline presumption of nonconsent in sexual assault cases. This paper demonstrates the complex relationship between women’s sexual autonomy, the contemporary culture’s encouragement of women’s celebration of their own sexual objectification and the persistence of high rates of unwanted sex. In the end, it demonstrates why a legal presumption against consent may neither reduce the rate of nonconsensual sex, nor raise the rate of reported rapes. At the same time, it shows how the presumption itself is unlikely to generate harmful consequences: if it deters anything, it likely deters unwanted sex, whether consented to or not.

Details

Special Issue: Feminist Legal Theory
Type: Book
ISBN: 978-1-78560-782-0

Keywords

Open Access
Book part
Publication date: 4 June 2021

Nicola Henry

Abstract

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

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