The damaging effects, for both the victims and perpetrators, of photographing sexual assault should be self-evident. However, in the cases of Rehtaeh Parsons, Jane Doe and Audrie Pott, photographs of sexual violence seem to have been taken and digitally disseminated without regard for the possible consequences. Thus, these cases pose disturbing questions about the ways that sexual violence is normalized and legitimized in western culture and the ways that new media is implicated in this process. These cases demonstrate how the ubiquity and permanence of digital photographs create new concerns for victims of sexual violence and new questions regarding the interpretive matrix of photographs. Using Judith Butler's theory on photography, torture and framing, I argue that these cases are an example of what Butler refers to as the digitalization of evil. Through this framework, I will discuss the ways that new media exacerbates experiences of sexual violence and examine issues surrounding the interpretation of photographs of sexual violence.
Popular and scholarly responses to nonconsensual pornography (colloquially known as ‘revenge porn’) have largely, though not exclusively, focused on cases that fit within the paradigmatic mold of men nonconsensually distributing intimate images with the intention to harass or abuse their female partners/ex-partners. However, several recent studies offer evidence that the dynamics of this act are more diverse than previously assumed. In this article I analyze 49 Canadian legal cases to determine the extent to which those cases that make it to the court level fit within the typical framing and to explore the dynamics of cases laying outside this paradigm. I find that, while a large portion of cases fit the commonly imagined pattern, the case law also includes several cases that complicate dominant framings of nonconsensual pornography. Using intersectional and postmodern feminist theory, I argue that this variety of case contexts necessitates more diverse socio-legal understandings of and responses to nonconsensual pornography.
While the low conviction rate for cases of sexual violence is often justified by the socalled 'he-said-she-said' nature of these cases, the increasing presence of digital evidence has begun to challenge this justification. This digital evidence can provide new opportunities for intervening in and prosecuting sexual violence. However, it may also be used against complainants or deemed still insufficient for proving guilt. Thus, while digital evidence may be challenging typical criminal justice responses to sexual violence, it may equally be utilised to buttress entrenched stereotypes and criminal justice practices that lead to complainant dissatisfaction and serve to support low conviction rates. I draw on critical feminist legal theory, feminist engagements with digital technology and sexual violence, and visual criminology to theorise the burgeoning role of the digital witness in sexual violence cases.
Due to child pornography laws, non-consensual intimate image sharing among youth is subjected to complex legal landscapes in a variety of jurisdictions such as Canada, the United States, the United Kingdom, and Australia. While a growing number of scholars have problematized the use of child pornography charges to respond to these cases, there remains little understanding regarding how the police that enforce these laws conceptualize this issue and how this influences responses to these cases. Drawing from interviews with members of sex crime–related units in police service organizations from across Canada, this article examines how police conceptions of non-consensual intimate image sharing among youth correspond with and/or diverge from legal and critical understandings of this issue. While it is widely understood that online and digitally enabled forms of sexual violence pose unique challenges for police, our research fills a gap in the literature by examining how police themselves understand and respond to these challenges.
While responses to non-consensual intimate image distribution (NCIID) often highlight criminal law remedies, little is known about how young people are choosing to respond to this act and whether they perceive legal intervention as a useful tool. Drawing from interviews with 10 teenagers and survey responses from 81 adult supporters, we provide insight into how young people perceive the supports available to them for responding to NCIID. We find young people may avoid seeking support from both the criminal justice system and adults in general due to fears of adult overreaction, victim blaming and shaming, and self/peer criminalization.
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