Criminalizing intimate image abuse : a comparative perspective / edited by Gian Marco Caletti, Kolis Summerer.

Format:

Book

Contributor:

Caletti, Gian Marco, editor.

Summerer, Kolis, editor.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Image-based sexual abuse--Law and legislation.

Image-based sexual abuse.

Physical Description:

1 online resource (374 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2024.

Summary:

'Criminalizing Intimate Image Abuse' strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

List of Contributors

1. Criminalizing Intimate Image Abuse: An Introduction

I. The Modern Ubiquity of Sexual Images

II. Foundations of the Criminalization

III. What's in a Name? From 'Revenge Porn' to 'Intimate Image Abuse'

IV. The Theoretical and Practical Limits of Criminalization

V. The Needs of the Victim-Survivors. Prevention, Remediation, Alternative Strategies

Bibliography

I. Introductory Section: The Theoretical Framework of Intimate Image Abuse and its Criminalization

2. Intimate Image Abuse: Intimate Privacy Violation

I. Introduction

II. The Concept of Intimate Privacy

III. Array of Intimate Privacy Violations

IV. A Civil Right to Intimate Privacy

V. Conclusion

3. Recurring Themes in Tech-Facilitated Sexual Violence Over Time: The More Things Change, the More They Stay the Same

II. Is it Really Violence?

III. Technology-Facilitated Sexual Violence: Past, Present, and Future

IV. Deficient Support for Targets of TFV

V. Expanding Beyond Individual Bad Actors: Addressing Structural and Systemic Drivers and State and Corporate Perpetrators

VI. Conclusion

4. The Case Law of the European Court of Human Rights on Violence against Women and the Intimate Image Abuse

II. The Context of the United Nations: The 2015 Report by the UNESCO-ITU Broadband Commission for Digital Development's Working Group on Broadband and Gender

A. Anonymity

B. Propagation and Perpetuity

C. Lack of Informed Consent of the Victim to Disseminate Her Image on Social Media

III. The Context of the Council of Europe: The 'Istanbul Convention'

A. The Istanbul Convention

B. The Definition of Violence against Women Including Psychological and Digital Violence.

C. The Problem of Distinguishing between Public and Private Spheres with New Technologies

D. Gender-based Violence against Women and Stalking

E. The Creation of GREVIO and its Recommendations

IV. The Case Law of the ECtHR: The Two Volodina Judgments

A. The Facts of Volodina v Russia (No 2) and the Lack of Effective Investigation

B. The Complaints before the ECtHR in Volodina v Russia (No 2)

5. Cautions against Criminalization

II. Caution 1: The American Punitive Impulse is Strong

III. Caution 2: Reformers, Including Feminists, Should Adopt an Ethic of Responsibility

IV. Caution 3: Broad Criminalization Programmes Have Far-reaching Effects

II. Beyond Revenge Pornography: Foundations of the Criminalization of Intimate Image Abuse

6. The Abuse of Sexual Images between Liberal Criminal Law and the Protection of Sexual Autonomy

II. The Development of the Law on Sexual Offences in the Western World

III. The Development of Liberal Criminal Law on Sexual Depictions

A. Moralizing Criminal Law on Sexual Depictions

B. The Paradigm Shift to a Liberal Criminal Law on Sexual Depictions

C. The Feminist Struggle for Sexual Autonomy Regarding Pornography

D. New Opportunities and Challenges through Digitalization

E. New Concept of the Protection of Sexual Autonomy Regarding Sexual Content

IV. Abuse of Sexual Images

A. Sexual Privacy

B. The Concept of Abuse of Sexual Images

C. The Impact on the Lives of the Victims

D. Urgent Necessity of Legal Protection

E. Wording

7. Refining the Contours of Intimate Image Abuse Offences

II. The Need for a Criminal Law Response to Intimate Image Abuse.

III. What Type of Images Should be Covered by Intimate Image Abuse Offences?

A. Sexual, Nude-Semi-nude, Private

B. Altered Images

C. Images Considered Intimate by Certain Groups or because of Circumstances

IV. What Behaviours Should be Covered?

A. Acting without the Consent of the Subject

B. Taking, Making, and Sharing

C. Possession

D. Threats

V. What Mental Element Should be Required?

A. The Base Offence

B. Additional Offences Based on Further Intent

VI. What Defences Should be Available?

VII. Conclusion

8. Is This Intimate Image Abuse? The Harm Principle Delimiting the Criminalization of Virtual Child Pornography and 'Sexting'

II. A Liberal Critique against Current Tendencies in Criminal Law

A. Abandoning the Harm Principle

B. Towards a Feindstrafrecht?

C. International and European Union Law Contributing to This Evolution

D. The Role of Emphatic Media Reports

III. A First Case in Point: Virtual Child Pornography

A. Early Developments: International Law Calling on Italy to Criminalize Child Sexual Abuse Material

B. Following Up: The Criminalization of Virtual Child Pornography

C. The Partial Implementation by Italy

D. Italy and the Harm Principle: Still Not Enough

IV. A Second Case in Point: Consensually Generated Sexual Content

A. Distinguishing Self-generated Sexual Content from Child Sexual Abuse Material

B. The Need for Effective Protection

C. The Risks of Resorting to Criminal Law Only

D. International and European Regulation on Consensually Generated Sexual Content

E. Italy: Over-protecting or Under-protecting?

III. Patterns of Criminalization of Intimate Image Abuse in Europe and Anglo-American Systems

9. The Criminalization of Non-consensual Pornography in the United States.

I. Introduction: A David v Goliath Story

II. The Rise of 'Revenge Porn' and the Founding of the Cyber Civil Rights Initiative

III. Defining the Harm: Terminology, Scope, and Impact

A. What's in a Name?

B. Scope of the Problem

C. Impact

IV. The Case for Criminalization

A. Protecting Privacy

B. Gender Equality

C. Drying Up the Market

V. Deterrence

VI. Defining the Crime

A. Actus Reus

B. Mens Rea

C. Exceptions

D. Other Issues

VII. The Unfinished Project of Criminalization

VIII. Conclusion

10. Patterns of Criminalization of Intimate Image Abuse: Continental Approaches and Foundations

II. Possible Factual Scenarios and Scope of Analysis

A. Scenarios

B. Areas not to be Treated

III. Starting Points

A. Comprehensive-Systematic, not Topic Approach: No Media-Friendly Monikers

B. Wrong and Harm-and 'Expressive' Function of Criminal Law?

C. Consent and Assumption of Risk

IV. Three Regulatory Examples and the Proposal of a Directive by the EU Commission

A. Germany

B. Italy

C. Spain

D. The EU Commission's Proposal for a Directive

V. Issues of and Insights into Criminalization

A. Issues

B. Insights

IV. Regional Reports On Intimate Image Abuse From Latin America and Asia

11. Criminalization of Intimate Image Abuse in Latin America

II. Intimate Image Abuse as Violence against Women: Theoretical Approach

III. The Legal Framework of Intimate Image Abuse in Latin America

A. Regional Legal Framework: The Belém do Pará Convention and the Recommendations of the Committee of Experts of the Follow-up Mechanism

B. National Legal Framework: General Overview

IV. Patterns of Criminalization of Intimate Image Abuse in Latin America.

A. Countries Where There is no Autonomous Criminalization of Intimate Image Abuse

B. Countries Where Intimate Image Abuse can be Addressed with an Offence against Privacy

C. Countries That Introduced a Specific Offence of Intimate Image Abuse Based on Sexual and/or Gender Content

V. Conclusions

12. Criminalization of Intimate Image Abuse in Japan

II. History of Criminalization in Japan

III. Overview of the So-called 'Revenge Pornography Prevention Act'

A. Purpose of the Act (Section 1)

B. Definition of Terms Utilized in the Act (Section 2)

C. Penalties (Section 3)

D. Prosecution

E. Controversial Elements of the Offence and Case Law

F. Providers' Liability

G. Responsibilities of the National and Local Governments

IV. Crime Applications and Statistics

V. Issues Concerning Non-consensual Creation of Private Sexual Images

A. Voyeurism

B. Photo Collage, Computer Graphics, and Deepfake Images

VI. Concluding Thoughts

V. Changing the Culture of Consent

13. Consent: Making the Difference between Pleasure and Crime

II. Preconditions of Valid Consent

A. Age

B. Mental Handicaps and Intoxication

C. Power Differentials

D. Consent Brought about by Unfair Means

III. Expression and Scope of Consent

A. Expression of Consent

B. Timing of Consent

C. Scope of Consent

IV. Mens Rea as to Lack of Consent

V. Consent with Regard to the Dissemination of Sexual Images

14. Victims of Intimate Image Abuse and Other Crimes: Is It Right to Blame Them?

II. Victim Blaming

III. Clear Relevance of Victim Blaming in the Criminal Law

IV. Harder Cases Involving Victim Blaming

V. Concluding Thoughts

Bibliography.

VI. The Law in Practice from the Victim's Perspective.

Notes:

This edition also issued in print: 2024.

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on December 4, 2023).

Description based on publisher supplied metadata and other sources.

ISBN:

9780191988431

019198843X

9780198877851

0198877854

9780198877868

0198877862

OCLC:

1411838099