Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse

Rackley, E., McGlynn, C., Johnson, K. et al. Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse. Fem Leg Stud 29, 293–322 (2021). https://doi.org/10.1007/s10691-021-09460-8

30 Pages Posted: 9 Mar 2023

See all articles by Erika Rackley

Erika Rackley

University of Kent

Professor Clare McGlynn

Durham Law School, Durham University

Kelly Johnson

Durham University - Law School

Nicola Henry

La Trobe University; Royal Melbourne Institute of Technolog (RMIT University)

Nicola Gavey

University of Auckland

Asher Flynn

Monash University

Anastasia Powell

RMIT University

Date Written: May 27, 2021

Abstract

Despite apparent political concern and action—often fuelled by high-profle cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multiinstitutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system.

Keywords: image-based sexual abuse; revenge porn; intimate image abuse; deepfakes; online abuse; social rupture

JEL Classification: K00

Suggested Citation

Rackley, Erika and McGlynn, Clare M. S. and Johnson, Kelly and Henry, Nicola and Gavey, Nicola and Flynn, Asher and Powell, Anastasia, Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse (May 27, 2021). Rackley, E., McGlynn, C., Johnson, K. et al. Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse. Fem Leg Stud 29, 293–322 (2021). https://doi.org/10.1007/s10691-021-09460-8, Available at SSRN: https://ssrn.com/abstract=4379134

Erika Rackley

University of Kent ( email )

Clare M. S. McGlynn (Contact Author)

Durham Law School, Durham University ( email )

Durham University
Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
0191 334 2800 (Phone)

HOME PAGE: http://www.dur.ac.uk/law/staff/stafflist/?id=429

Kelly Johnson

Durham University - Law School ( email )

Nicola Henry

La Trobe University ( email )

Department of Economics and Finance
Victoria 3552, 3086
Australia

Royal Melbourne Institute of Technolog (RMIT University) ( email )

Nicola Gavey

University of Auckland ( email )

Asher Flynn

Monash University ( email )

23 Innovation Walk
Wellington Road
Clayton, Victoria 3800
Australia

Anastasia Powell

RMIT University ( email )

124 La Trobe Street
Melbourne, 3000
Australia

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