TWO The Harms of Cyberflashing
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Clare McGlynn
Abstract
Cyberflashing is often trivialised and normalised, framed as a routine and unavoidable part of women’s lives. However, cyberflashing is not inevitable, and its seriousness – the wrong it entails, the significant impacts it can cause – should not be minimised. Accordingly, this chapter explores the harms of cyberflashing, challenging the assumption that its impacts are less ‘real’ or serious simply because the image is sent digitally rather than seeing a ‘flasher’ in ‘real life’. We examine the ‘real world’ harms experienced and described by victim-survivors, drawing on a wide range of publicly available testimonies and the studies that have begun to investigate this area (Amundsen, 2020; Mandau, 2020; Marcotte et al, 2020; Johansen and Tjornhoj-Thomsen, nd). Overall, it is imperative that the nature and extent of the harms of cyberflashing be properly recognised and understood, if we are to generate effective and long-lasting change through targeted prevention and education initiatives, as well as meaningful law reform.
The chapter begins by underlining that the harms of cyberflashing must be understood as gendered, as well as intersectional and contingent. We then outline that, fundamentally, cyberflashing is an infringement of sexual autonomy. Next, we explain cyberflashing as constituting an intrusive sexual violation for some, followed by considering how for others the harm manifests as humiliation. The fear and threat sometimes induced by cyberflashing is then discussed, including the similarities between physical sexual exposure, silent/obscene phone calls and cyberflashing.
Abstract
Cyberflashing is often trivialised and normalised, framed as a routine and unavoidable part of women’s lives. However, cyberflashing is not inevitable, and its seriousness – the wrong it entails, the significant impacts it can cause – should not be minimised. Accordingly, this chapter explores the harms of cyberflashing, challenging the assumption that its impacts are less ‘real’ or serious simply because the image is sent digitally rather than seeing a ‘flasher’ in ‘real life’. We examine the ‘real world’ harms experienced and described by victim-survivors, drawing on a wide range of publicly available testimonies and the studies that have begun to investigate this area (Amundsen, 2020; Mandau, 2020; Marcotte et al, 2020; Johansen and Tjornhoj-Thomsen, nd). Overall, it is imperative that the nature and extent of the harms of cyberflashing be properly recognised and understood, if we are to generate effective and long-lasting change through targeted prevention and education initiatives, as well as meaningful law reform.
The chapter begins by underlining that the harms of cyberflashing must be understood as gendered, as well as intersectional and contingent. We then outline that, fundamentally, cyberflashing is an infringement of sexual autonomy. Next, we explain cyberflashing as constituting an intrusive sexual violation for some, followed by considering how for others the harm manifests as humiliation. The fear and threat sometimes induced by cyberflashing is then discussed, including the similarities between physical sexual exposure, silent/obscene phone calls and cyberflashing.
Chapters in this book
- Front Matter i
- Contents iii
- Acknowledgements iv
- Introduction 1
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Recognising Cyberflashing
- Cyberflashing as a Sexual Intrusion: Nature, Extent and Motivations 11
- The Harms of Cyberflashing 37
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Reforming the Criminal Law
- Justifying Criminalisation: Recognition, Redress and Justice 61
- Cyberflashing and the Limits of English Criminal Law 75
- Cyberflashing Laws: Comparative Perspectives 89
- Criminalising Cyberflashing: Recommendations for Law Reform 105
- References 129
- Index 153
Chapters in this book
- Front Matter i
- Contents iii
- Acknowledgements iv
- Introduction 1
-
Recognising Cyberflashing
- Cyberflashing as a Sexual Intrusion: Nature, Extent and Motivations 11
- The Harms of Cyberflashing 37
-
Reforming the Criminal Law
- Justifying Criminalisation: Recognition, Redress and Justice 61
- Cyberflashing and the Limits of English Criminal Law 75
- Cyberflashing Laws: Comparative Perspectives 89
- Criminalising Cyberflashing: Recommendations for Law Reform 105
- References 129
- Index 153
