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USA: Addressing “Revenge Porn” Beyond the Criminal Legal System

February 11, 2016 By Correspondent

LB Klein, Georgia, USA, SSH Blog Correspondent

“Revenge porn” is a euphemism for a form of sexual violence that can also involve harassment, intimate partner violence, and stalking. It involves the non-consensual sharing of sexually explicit still or moving images. These images may have originally been taken with or without consent and may have originally been consensually shared with a partner or stolen via hacking of a personal computer or phone. This “revenge porn” is then often posted on websites, sometimes with the victim’s contact information, social media sites, or address, so that they can be further harassed and humiliated.

There are two commonly proposed solutions for “revenge porn.” The first is the idea that people should just stop taking nude photos of themselves. This solution blames victims and shames people, usually women, for their sexuality. The issue with “revenge porn” is the lack of consent in distributing the images, not in the existence of the images themselves. The root cause is not the existence of bodies or people seeing them but in who has consent to see them and how perpetrators, typically men, leverage patriarchy to shame their women partners to gain “revenge.”

The second proposed solution, while less victim-blaming, is also often quite ineffective: turning to the criminal legal system. While 23 states currently have laws against “revenge porn” and seventeen more are drafting legislation, “revenge porn” is a psychologically and sexually abusive form of violence that relies on community shaming. Like many other forms of gender-based violence, “revenge porn” is rarely addressed in a timely or fulfilling manner by the criminal legal system and victims are often left without recourse and with increased stigma. There are people who will never feel safe turning to the police or the courts for help, even if those avenues are improved. Simply making “revenge porn” illegal is but one step toward true prevention and intervention.

There are six key areas outside of introducing new legislation or advocating for risk reduction can be leveraged to address “revenge porn.”

  1. Increase capacity of sexual and domestic violence service providers.

It is vital that advocates and counselors learn more about the nature and dynamics of “revenge porn” so that they can identify the behavior and possible remedies. As these providers are already working these issues, they can also raise awareness that “revenge porn” is a form of gender-based violence and that its victims deserve support.

  1. Increase public education and awareness without shaming victims.

Due to recent media attention, there is increased awareness that “revenge porn” is happening, but the sensationalism and emphasis on legal intervention does not inspire the public to take responsibility. Educational efforts should focus on what community members can do to aid in prevention by not going to websites, shaming websites that host nonconsensually-shared images, and providing support to friends who are targeted through “revenge porn.” This will give perpetrators less power to leverage shame and survivors more community support.

  1. Include discussion of “revenge porn” in bystander intervention programs.

Bystander intervention is a powerful prevention strategy that centers on seeing all members of the community as a part of the solution for ending violence. These programs should include examples of “revenge porn” alongside other forms of interpersonal violence. These programs can emphasize the need for perpetrator accountability and the power of active bystanders to shift the culture that emboldens “revenge porn” perpetrators.

  1. Engage with leaders in the technology field to develop innovation solutions.

While “revenge porn” is simply a form of gender-based violence facilitated using new technology, social media and the idea are relevant points of consideration when uncovering solutions. By marrying violence prevention expertise and technological prowess, we can design new solutions that can adapt to changing times. Technological interventions might make it harder for abusers to disseminate “revenge porn” or might help survivors quickly get images taken down.

  1. Fund further research on the impact of revenge porn and the effectiveness of current legislation.

As legislation is so commonly proposed as the solution for “revenge porn,” the effectiveness of said legislation should be evaluated over time. This research should include both the number of cases that are successfully prosecuted versus those that are not as well as interviews with survivors on how the processes are or are not serving them.

  1. Explore restorative and healing models for accountability.

As we continue to assess the efficacy of criminal legal models of accountability for “revenge porn,” it is also critical to explore restorative and transformative justice models that emphasize healing. It is also important to consider how to change the attitudes and beliefs of men who facilitate violence on the internet by shaming and harassing victims, even though there are rarely laws that address their behavior. It is vital to consider what the survivor wants from accountability processes and to build their restoration into our measures of success.

“Revenge porn” is a new manifestation of a pervasive endemic public health issue: gender-based violence. It relies on a patriarchal culture in which even well-meaning individuals abdicate responsibility. This leads to the perpetuation of a myth that criminal and civil legal systems work to provide justice and restoration to victims or that further shaming and limiting the sexualities of women is prevention. Because these are false promises, we must consider new solutions that are rooted in communities, address power and privilege, promote education, empower bystanders, and use innovative technological practices. Only through leveraging interdisciplinary expertise and listening to what survivors really want will we see a shift in a culture that enables “revenge porn” and excuses those who host and post it.

LB is an Atlanta-based researcher, advocate, and educator dedicated to ending gender-based violence, supporting survivors, and advancing social justice.  You can follow her on twitter @LB_Klein.

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Filed Under: correspondents Tagged With: laws, revenge porn

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