Criminalising Intimate Image Abuse A Comparative Perspective

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. The perspective is mainly focused on the comparison between the Anglo-American criminalization model and that of continental Europe, but there are also overviews of the criminalization trends in Asian and Latin American countries.

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.

Gian Marco Caletti, Adjunct Professor of Criminal Law, University of Bologna, Kolis Summerer, Associate Professor of Criminal Law, Free University of Bolzano

GIAN MARCO CALETTI is an Adjunct Professor of Criminal Law at the University of Bologna (Italy), where he obtained his PhD in criminal law. From 2019 to 2022 he was a research fellow at the Free University of Bolzano, working on the interdisciplinary research project 'CREEP— Criminalizing Revenge Porn?'. He was a visiting scholar at the Universities of Cambridge, New York (NYU), and Durham. Among the first Italian scholars to deal with image-based sexual abuse, he repeatedly advised national institutions. His research focuses on criminal negligence and recklessness, as well as on sexual crimes. He is the author of the first Italian book on consent in sexual assault.

KOLIS SUMMERER is an Associate Professor of Criminal Law at the Free University of Bolzano (Italy), where she led the interdisciplinary research project 'CREEP— Criminalizing Revenge Porn?'. She received her PhD in criminal law and criminal procedure at the University of Bologna and was awarded research grants from the Max Planck Society. Her research focuses on substantive criminal law, as well as on other key topics like gender violence and restorative justice. She is the author of a monograph on causation in criminal law and published many articles in national and international journals and books.

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