Reconceptualizing Revenge Porn

Abstract

Revenge porn has become an epidemic in the United States in recent years. A debate among legislators has emerged, focused primarily on the question of whether to criminalize the phenomenon, with most states having already done so, based on the grave harm that revenge porn inflicts on victims and the ease of distributing it. However, the conceptual questions of how to categorize the offense, and why, have not received much attention. Contrary to the prevailing approaches in the United States, which sporadically define revenge porn as an infringement of privacy, as obscenity, or as some other offense, this Essay proposes, for the first time, theoretical grounds for categorizing it as a sex offense. This novel, though possibly controversial, reconceptualization more accurately reflects the social values that are violated by the phenomenon, more correctly labels the behavior of the offender, and more succinctly recognizes the nature of the harm inflicted on the victim. Categorizing revenge porn as a sex offense has not only theoretical but also practical implications, both for victims and released sex offenders.

Keywords: revenge porn, sex offense, nonconsensual pornography, privacy, criminal law, gender

JEL Classification: k14, k19