Delineating non-consensual sexual image offending: Towards an empirical approach
Section snippets
Introduction: Existing theorising about non-consensual sexual image offending
Since around 2010 there has been strong public debate surrounding the distribution of private sexual images (commonly referred to as ‘revenge pornography’ offending). This has contributed to legislative developments throughout the Western World including Australia, Canada, Europe, and the majority of the United States of America (38 states, plus Washington, DC), wherein laws and criminal penalties relating to revenge pornography not only vary from state to state but cover several remits of law
Defining ‘non-consensual sexual image’ (NCSI) offending
It is important to begin by defining what we mean by offending via non-consensual sexual images. We operationalise this phrase to encompass broad range of behaviours involving NCSI and draw upon C. McGlynn et al.'s (2017) continuum of image-based sexual abuse to propose a taxonomic constellation of behaviours falling under this broad umbrella term. This distinction between a continuum and taxonomy is important, as we do not assume a hierarchy of NCSI offences, but rather see these as a
Multi-factorial motivations for sexual offending
We are broadly in agreement with other scholars (Crofts & Kirchengast, 2019; N. Henry, Powell, 2015a; C. McGlynn et al., 2017; McGlynn and Rackley, 2016, McGlynn and Rackley, 2017) that the more appropriate legislative home for NCSI offences lies within sexual crime legislation. This is because the categorisation of offences relies upon the mode of the offending behaviour itself, rather than the motivations of individual perpetrators of such offences. However, we diverge from previous authors
Psychological motivations for NCSI offending
The divergence between our own views regarding the possible motivations for NCSI offending and those of sociologically-minded scholars (e.g., C. McGlynn et al., 2017) may be reflected in epistemological or disciplinary differences. That is, much of the theorising on NCSI offending has thus far taken place within the legal sphere. It is clear that the grouping of offences that look similar in terms of their behavioural manifestations make sense from a legislative standpoint. This is not
Conclusions
Sociological and legal scholars (e.g., Crofts & Kirchengast, 2019; N. Henry, Powell, 2015a; C. McGlynn et al., 2017; McGlynn and Rackley, 2016, McGlynn and Rackley, 2017) rightly argue that in the legal arena, the non-consensual disclosure of sexual images is a form of sexual offending. This is because of the mode of perpetration (i.e., the media produced, delivered, or shared is without consent, and sexual in nature), and not the motive. However, by framing this issue in such a way, we ignore
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