In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s pioneering work, we suggest that ‘revenge porn’ should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising (...) as the ‘continuum of image-based sexual abuse’. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, (...) this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

In January 2004 Baroness Brenda Hale became the first woman to sit on the Appellate Committee of the House of Lords. Five years on, she has brought to her judicial role a lightness of touch that belies her increasingly significant impact on the court’s jurisprudence. Early forecasts that she would be “just a bit different” from her male companions have proved prophetic. However such assessments have stemmed primarily from a focus on her decision-making on a case-by-case basis. But what of (...) her jurisprudence as a whole? This paper considers arguments for a more sustained and coherent methodological approach to analyses of Baroness Hale’s (and other judges’) jurisprudence as a framework through which to better understand and explore the potential of judicial difference and to better inform current debates about increasing judicial diversity in England and Wales. (shrink)

This paper considers the adoption ofPortia, the heroine of The Merchant ofVenice, by feminist legal scholars as ametaphor for the woman lawyer. It suggests thatPortia has both captured and is captured by thefeminist legal scholar's imagination, becomingat once an idol, myth and icon. She is to somethe personification of the woman lawyer'sperceived difference, a mouthpiece for mercyand `the different voice' and to others, a shamor myth, her idolised reputation sullied, her`difference' rejected. Yet ultimately thisconstant and simultaneous idolisation andvilification of Portia (...) threatens not only tosilence and constrain conversations about thewoman lawyer, but also to eclipse her promiseand potential. Thus in the final section of thepaper, Portia is established as an icon. Assuch her story, understood as a myth or fairytale, is seen to reveal previously unimaginedpossibilities for change, as an iconicunderstanding of Portia becomes a windowthrough which feminist legal scholars can lookonto alternative understandings of lawyeringand adjudication. (shrink)