Criminalizing abuse of intimate images

Criminalizing abuse of intimate images

A book about ratio legis, guidelines and framework for criminal law response

Criminalizing Intimate Image Abuse: A Comparative Perspective, edited by Gian Marco Caletti & Kolis Summerer, Published by Oxford University Press, 2024

https://doi.org/10.1093/oso/9780198877813.001.0001

Abstract:

Intimate image abuse is a recent, endemic phenomenon which raises multiple legal issues and presents a significant challenge for the traditional institutions of law and criminal justice. The nature of this phenomenon requires considering the traditional complexities of regulating privacy, sexual offences, and cybercrimes, alongside the social and cultural issue of what may be considered ‘intimate’, ‘private’, or indeed ‘sexual’.

Since the harm experienced by victims of intimate image abuse is particularly serious and involves disparate legal interests, criminal law has been invoked as one of the solutions, but it is unclear what its role and limits should be. The law’s approach should avoid any moralistic attitude, trying to achieve a balance between sexual autonomy and the protection of sexual privacy. At the same time, the needs of criminalization must be balanced with the traditional principles of criminal law.

Criminalizing Intimate Image Abuse strives primarily to generate new conceptual and theoretical frameworks to address the legal responses to this phenomenon, by bringing together a number of scholars involved in the study of intimate image abuse over recent years. This volume compares the solutions developed in different legal systems.

Once the criminalization of intimate image abuse, as well as its theoretical and practical limits have been established, the analysis focuses on possible new legal strategies, complementary or alternative to traditional criminal justice, such as restorative justice. Finally, in order to achieve an effective safeguard for victim-survivors, the book deals with the role of Internet Service Providers and bystanders in preventing intimate image abuse.

Content

Introduction >>

  1. Intimate Image Abuse: Intimate Privacy Violation >>
  2. Recurring Themes in Tech-Facilitated Sexual Violence Over Time: The More Things Change, the More They Stay the Same >>
  3. The Case Law of the European Court of Human Rights on Violence against Women and the Intimate Image Abuse >>
  4. Cautions against Criminalization >>
  1. The Abuse of Sexual Images between Liberal Criminal Law and the Protection of Sexual Autonomy >>
  2. Refining the Contours of Intimate Image Abuse Offences >>
  3. Is This Intimate Image Abuse? The Harm Principle Delimiting the Criminalization of Virtual Child Pornography and ‘Sexting’ >>
  1. The Criminalization of Non-consensual Pornography in the United States >>
  2. Patterns of Criminalization of Intimate Image Abuse: Continental Approaches and Foundations >>
  1. Criminalization of Intimate Image Abuse in Latin America >>
  2. Criminalization of Intimate Image Abuse in Japan >>
  1. Consent: Making the Difference between Pleasure and Crime >>
  2. Victims of Intimate Image Abuse and Other Crimes: Is It Right to Blame Them? >>
  1. ‘It Wasn’t Worth the Pain to Me to Pursue It’: Justice for Australian Victim-Survivors of Image-based Sexual Abuse >>
  2. Image-based Abuse in Intimate Partnerships in Canada: Lessons from the Criminal Case Law >>
  1. Seeking Justice for Image-based Sexual Abuse: Examining the Possibilities of Restorative and Transformative Justice Approaches >>
  2. The Changing Role of Internet Service Providers: Governing Cyberviolence and Online ‘Hate Speech’ against Women >>
  3. An Empirical Research Study on Barriers, Facilitators, and Strategies to Promote Bystander Intervention in Intimate Image Abuse Contexts >>

Source:: Oxford Academic >>