Revenge Pornography and Rape Culture in Canada’s Nonconsensual Distribution Case Law

Research output: Chapter

Abstract

Canada criminalized the nonconsensual distribution of intimate images in 2014. Lawmakers and commentators noted that this new offense would fill a legislative gap in relation to “revenge pornography,” which entails individuals (typically men) sharing intimate images of their ex-partners (typically women) online in an attempt to seek revenge or cause them harm. Feminist writers and activists categorize revenge pornography as a symptom and consequence of “rape culture,” in which sexual violence is routinely trivialized and viewed as acceptable or entertaining, and women are blamed for their sexual victimization. In this chapter, I analyze Canada’s burgeoning revenge pornography case law and find that these cases support an understanding of revenge pornography as a serious form of communal, gendered, intimate partner violence, which is extremely effective at harming victims because of broader rape culture. While Canadian judges are taking revenge pornography seriously, there is some indication from the case law that they are at risk of relying on gendered reasoning and assumptions previously observed by feminists in sexual assault jurisprudence, which may have the result of bolstering rape culture, rather than contesting it.
Original languageEnglish
Title of host publicationThe Emerald International Handbook of Technology-Facilitated Violence and Abuse
PublisherEmerald Group Publishing Ltd.
Chapter32
Pages533-553
Number of pages21
ISBN (Electronic)9781839828485
ISBN (Print)9781839828492
DOIs
Publication statusPublished - 2021

Bibliographical note

Publisher Copyright:
© 2021, Jane Bailey, Asher Flynn and Nicola Henry.

ASJC Scopus Subject Areas

  • General Social Sciences

Cite this