Cybercrimes

Open Access: No

Abstract

Popular and scholarly responses to nonconsensual pornography (colloquially known as ‘revenge porn’) have largely, though not exclusively, focused on cases that fit within the paradigmatic mold of men nonconsensually distributing intimate images with the intention to harass or abuse their female partners/ex-partners. However, several recent studies offer evidence that the dynamics of this act are more diverse than previously assumed. In this article I analyze 49 Canadian legal cases to determine the extent to which those cases that make it to the court level fit within the typical framing and to explore the dynamics of cases laying outside this paradigm. I find that, while a large portion of cases fit the commonly imagined pattern, the case law also includes several cases that complicate dominant framings of nonconsensual pornography. Using intersectional and postmodern feminist theory, I argue that this variety of case contexts necessitates more diverse socio-legal understandings of and responses to nonconsensual pornography.

Relevance

In this study of nonconsensual image abuse cases that reached the Canadian courts, only half “fit the paradigmatic scenario of a man distributing intimate images to harass or abuse his female partner/ex-partner.”

A large number of other image abuse cases involved men nonconsensually sharing intimate image in order to boast, show off, increase their social prestige among male peers, and foster ‘homosocial bonding.’ In these cases, the images are swapped like ‘the trading of hockey cards.’

Another set of cases involved teen women sending images to shame and harass other teen men and women out of jealousy toward “romantic rivals.”

Citation

Dodge, A. (2021). Trading Nudes Like Hockey Cards: Exploring the Diversity of ‘Revenge Porn’ Cases Responded to in Law. Social & Legal Studies, 30(3), 448-468. https://doi.org/10.1177/0964663920935155