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Criminalizing Intimate Image Abuse: A Comparative Perspective

Criminalizing Intimate Image Abuse: A Comparative Perspective

Author: Gian Marco Caletti; Kolis Summerer
Publisher: Oxford University Press
ISBN: 9780198877813
Published In: February 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 justice. The nature of this phenomenon not only involves the legal complexities of regulating privacy, sexual offences, and cybercrime, but also requires an understanding of the social and cultural issues of what may be considered 'intimate', 'private' or, indeed, 'sexual'.

Since the harm experienced by victims of intimate image violence 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 aims to 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 image abuse over recent years. This book compares and contrasts the various solutions developed in different legal systems. The comparative perspective is mainly focused between the Anglo-American criminalization model and that of continental Europe, but there are also overviews of the state of criminalization in Asian and Latin American countries.

Once the criminalization of intimate image abuse, and its theoretical and practical limits, has been established, the analysis of the book focuses on possible new legal strategies, complementary or alternative to traditional criminal justice, to create an effective safeguard for victims. The role of internet service providers and bystanders in working to prevent abuse or possible forms of restorative justice is also considered.

1:Criminalizing Intimate Image Abuse: An Introduction, Gian Marco Caletti, Kolis Summerer

Moira Aikenhead

Part I: The Theoretical Framework of Intimate Image Abuse and its Criminialization

2:Intimate Image Abuse: Intimate Privacy Violation, Danielle K. Citron

3:Recurring Themes in Tech-Facilitated Sexual Violence Over Time: The More Things Change, The More They Stay The Same, Jane Bailey, Suzie Dunn

4:The Case Law of the European Court of Human Rights on Violence Against Women and Intimate Image Abuse, Maria Elósegui

5:Crimes against Criminalization, Aya Gruber

Moira Aikenhead

Part 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, Anja Schmidt

7:Refining the Contours of Intimate Image Abuse Offences, Thomas Crofts

8:Is This Intimate Image Abuse?, Margareth Helfer, Domenico Rosani

Moira Aikenhead

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

9:The Criminalization of Nonconsensual Pornography in the United States, Mary Anne Franks

10:Patterns of Criminalization of Intimate Image Abuse: Continental Approaches and Foundations, Manuel Cancio Meliá

Moira Aikenhead

Part IV: Regional Reports on Intimate Image Abuse from Latin America and Asia

11:Criminalization of Intimate Image Abuse in Latin America, María Camila Correa Flórez

12:Criminalization of Intimate Image Abuse in Japan, Yoshifumi Okada

Moira Aikenhead

Part V: Changing the Culture of Consent

13:Consent - Making the Difference Between Pleasure and Crime, Thomas Weigend

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

Moira Aikenhead

Part VI: The Law in Practice from the Victim's Perspective

15:'It Wasn't Worth the Pain to Me to Pursue It': Justice for Australian Victim-Survivors of Image-Based Sexual Abuse, Nicola Henry

16:Image-Based Abuse in Intimate Partnerships in Canada: Lessons from the Criminal Case Law, Moira Aikenhead

Part VII: Law Enforcement, Prevention and Alternative Justice Strategies

17:Seeking Justice for Image-Based Sexual Abuse: Examining the Possibilities of Restorative and Transformative Justice Approaches, Clare McGlynn

18:The Changing Role of Internet Service Providers: Governing Cyber Violence and Online 'Hate Speech' against Women, Johanna Rinceanu

19:An Empirical Research Study on Barriers, Facilitators, and Strategies to Promote Bystander Intervention in Intimate Image Abuse Contexts, Asher Flynn, Adrian J. Scott, and Elena Cama