Sexual History Evidence and Law Reform

There is an urgent need to reform the law relating to the use of sexual history evidence in rape and sexual assault trials. In my research, I set out:

  • the reasons why restrictions on sexual history evidence are needed;
  • the evidence we have as to how often sexual history evidence is used in sexual offence trials;
  • why the Court of Appeal judgment in R v Ched Evans is problematic; and
  • detailed recommendations for reform of the law.

A research briefing is available which summarises the key points.

 

Upskirting & Reform of Criminal Law

Upskirting – taking photos or videos up a woman’s skirt without her permission – is a form of image-based sexual abuse and should be criminalised. The current law in England & Wales does not fully cover this activity and this loophole must be urgently closed. I’m hopeful this may now happen, thanks to the campaigning work of Gina Martin who has spoken out about her experience of upskirting.

Gina has shared her experience on BBC Woman’s Hour, where I discussed the law, and you can listen to episode here:

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I have argued, together with Erika Rackley, that upskirting should be viewed is a form of image-based sexual abuse – together with other forms of this abuse such as ‘revenge porn’, sexual extortion, sexualised photoshopping and the like. The civil and criminal law need to be reformed to respond to these growing forms of abuse and we have made detailed recommendations in our briefing document and academic work.

On the specific need for a new law covering #upskirting and #downblousing, you can also read my short blog with Erika Rackley on why the law urgently needs reform, and my blog with colleague Julia Downes written a couple of years ago.

New Scots Law on Image-Based Sexual Abuse

The new Scottish law criminalising image-based sexual abuse (including so-called ‘revenge porn’) is in force from 1 April 2017. The BBC 2 current affairs programme Timeline discussed the new law and its possible impacts with Liz Ely of Zero Tolerance Scotland and myself on 30th April. The video below shows the highlights of this item.

 

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Clare McGlynn gives evidence to the Justice Committee in Scotland

Watch video here.

BBC 2 Debates New Scots Law on Image-Based Sexual Abuse

The new Scottish law criminalising image-based sexual abuse (including so-called ‘revenge porn’) is in force from 1 April 2017. The BBC 2 current affairs programme Timeline discussed the new law and its possible impacts with Liz Ely of Zero Tolerance Scotland and myself on 30th April. The video below shows the highlights of this item.

 

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Restorative Justice and Sexual Violence in Scotland

As one of a series of dialogues on the role of restorative justice in Scotland, the Scottish Universities Insight Institute organised an event on 22 March 2017 focussing on: Challenging Sexual Violence: Is There a Role for Restorative Justice?

This was an important event examining the options to be considered to help give more victim-survivors a sense of justice. I spoke and shared my research on restorative justice and survivors’ perceptions on what constitutes justice. My presentation was followed by stimulating responses from Katy Mathieson of the Scottish Women’s Rights Centre, sharing some concerns over the use of restorative justice, and Dr Marie Keenan of University College Dublin on her extensive experience of both undertaking and researching restorative practices in these cases.

Shona Craven of the Scottish Centre for Criminal Justice research has written a helpful blog on the discussions during the evening. She writes: ‘“What is justice?” was perhaps the question at the heart of the discussion‘.

‘Revenge Porn’ Is A Form Of Sexual Assault

In a new blog for The Huffington Post, Clare challenges the Government’s refusal to recognise ‘revenge porn’ – better called image-based sexual abuse – as a form of sexual violence.  She argues that the Government’s approach entirely misunderstands the nature of sexual offending, with significant adverse consequences.

Image-based sexual abuse is a sexual offence. The harm comes from the fact that it is sexual images that are shared without consent; the images go viral because they are sexual. Non-sexual images would simply not have the same potency to cause harm; nor would thousands of others distribute these images. Sharing private sexual images without consent exploits an individuals’ sexual identity and infringes their sexual autonomy. The online abuse which accompanies distribution of private sexual images includes sexual threats (rape threats), as well as abusive comments about the victim’s appearance, body, sexuality and sexual agency. New research has shown how all different forms of image-based sexual abuse – including ‘revenge porn’, ‘upskirting’, sexual extortion, sexualised photoshopping – share common characteristics with other forms of sexual offending.

It is vital that it is recognised in law and policy that image-based sexual abuse is indeed a form of sexual violence and that automatic anonymity be granted to all complainants, in the same way as for other sexual crimes. This will help to ensure other victims do not have their names and images shared widely across the media, encouraging more to come forward and report these crimes, or take action in the civil courts as Mischa has done.

Full blog available here.

Policing Domestic Abuse: Restorative Justice and ‘Out of Court’ Resolutions

policing-domestic-abuse-front-page-imageDo the police use restorative justice in cases of domestic abuse? Including for intimate partner abuse? What about community resolutions – are they also used? If they are, isn’t this contrary to official College of Policing guidance?

Read our Research Briefing on Policing Domestic Abuse and ‘Out of Court’ Resolutions

These are some of the questions my colleagues Nicole Westmarland, Kelly Johnson and I ask in our research which – for the first time – investigates the extent to which the police are using restorative justice and community resolutions – what we call ‘out of court resolutions’ in cases of domestic abuse. This research has now been published in the prestigious British Journal of Criminology and is available free to download here.

What did we find? We found that in stark contrast to official police guidance, every police force in the UK – except Scotland – used ‘out of court resolutions’ to respond to over 5,000 domestic abuse incidents (including intimate partner abuse) in 2014. Some of these incidents related to offences with sentencing tariffs of up to life imprisonment. Such widespread use of community resolutions and restorative justice – what we are calling out of court resolutions – has been taking place under the radar and contrary to best practice.

What re the implications of our research? Our research findings have immediate implications for policy and practice: first and foremost, the police must stop using these street-level resolutions in cases of domestic abuse and College of Policing and National Police Chief Council guidance needs to be strengthened. We need an open and informed public debate about the role of restorative justice and other alternatives to the criminal justice system for cases domestic abuse.

You can read the full research article which is available for free here.

Under the Radar: the widespread use of ‘out of court resolutions’ in policing domestic violence and abuse in the UK‘ (2017) British Journal of Criminology