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Taking the Sting Out of Revenge Porn: Using Criminal Statutes to Safeguard Sexual Autonomy in the Digital Age

Authors: Rachel E Budde;

Taking the Sting Out of Revenge Porn: Using Criminal Statutes to Safeguard Sexual Autonomy in the Digital Age

Abstract

We live in a digital age. While increased channels of communication and worldwide access have their benefits, there are also risks and problems associated with a virtual platform that gives instant access to information. This Article centers on “revenge porn,” one problem associated with online communications that has drawn the attention of both the media and the legal community. Revenge porn is the practice of distributing nude or sexually explicit photos or videos of an individual without his or her consent. It is usually posted by a former lover in order to harm, humiliate, or otherwise seek revenge upon the subject of the material after the relationship has ended. This issue implicates principles of sexual autonomy, particularly for women: if we want to encourage sexual freedom, we must protect people from others’ abuse of that freedom. Legal actors are divided on how best to approach the revenge porn problem. Some advocate for civil action in order to compensate victims, while others believe that drafting new criminal laws and punishing offenders is the correct answer. Still others believe that no action is required at all, blaming the victims of revenge porn instead of the distributors. This Article addresses the legal possibilities, weighing their benefits and detractors in order to decide the proper solution for revenge porn in the U.S. It concludes that, while the criminal law is the appropriate forum for revenge porn litigation, new statues are both problematic and unnecessary. Instead of drafting targeted revenge porn legislation, police and prosecutors should pursue offenders utilizing existing laws, such as harassment, extortion, and cyber-stalking.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
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