Criminalising cyberflashing: Options for law reform

McGlynn, C. and Johnson, K. (2021) Criminalising cyberflashing: Options for law reform. Journal of Criminal Law, 85(3), pp. 171-188. (doi: 10.1177/0022018320972306)

Abstract

In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors' experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We argue that although cyberflashing can be prosecuted in England and Wales, this is only in very limited circumstances; the existing law is confusing, piecemeal, has significant omissions, and consequently prosecutions are extremely unlikely. As such, the current criminal law in England and Wales is failing victim-survivors of cyberflashing. Due to its prevalence, its harmful impacts and similarities with other criminalised forms of sexual violence, comprehensive law reform, which appropriately addresses cyberflashing as a sexual offence, is now critical. Accordingly, we examine legislation in other jurisdictions where criminal laws targeting cyberflashing have been adopted, and provide recommendations for law reform: specifically, we recommend the development of a new criminal offence that purposely targets cyberflashing in all its forms.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Johnson, Dr Kelly
• Authors: McGlynn, C., and Johnson, K.
• College/School: College of Social Sciences > School of Social and Political Sciences > Sociology Anthropology and Applied Social Sciences
• Journal Name: Journal of Criminal Law
• Publisher: SAGE Publications
• ISSN: 0022-0183
• ISSN (Online): 1740-5580
• Published Online: 15 November 2020
• Copyright Holders: Copyright © The Author(s) 2020
• First Published: First published in Journal of Criminal Law 85(3): 171-188
• Publisher Policy: Reproduced under a Creative Commons License