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Image-Based Sexual Abuse

McGlynn, Clare; Rackley, Erika

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Authors

Erika Rackley



Abstract

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 that impacts directly on individuals, as well as on society as a whole. While recognising 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 criminal and civil law as a means of encouraging cultural change.

Citation

McGlynn, C., & Rackley, E. (2017). Image-Based Sexual Abuse. Oxford Journal of Legal Studies, 37(3), 534-561. https://doi.org/10.1093/ojls/gqw033

Journal Article Type Article
Acceptance Date Nov 16, 2016
Online Publication Date Jan 31, 2017
Publication Date Jan 31, 2017
Deposit Date Nov 16, 2016
Publicly Available Date Mar 29, 2024
Journal Oxford Journal of Legal Studies
Print ISSN 0143-6503
Electronic ISSN 1464-3820
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 37
Issue 3
Pages 534-561
DOI https://doi.org/10.1093/ojls/gqw033

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Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in Oxford journal of legal studies following peer review. The version of record McGlynn, Clare & Rackley, Erika (2017). Image-Based Sexual Abuse. Oxford Journal of legal Studies is available online at: https://doi.org/10.1093/ojls/gqw033.




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