Image-Based Sexual Offences and Irish Law
Does the Harassment, Harmful Communications and Related Offences Bill 2017 Provide Adequate Legal Protection for Victims?
Keywords:
Consent, Image-based Sexual Offences, Cyber-Harassment, Legislative Procedure, Legislative definition, Irish Law, Revenge Porn, Deep FakesAbstract
The non-consensual creation and distribution of private sexual images online is currently not characterised as a criminal offence under Irish law. The Harassment, Harmful Communications and Related Offences Bill 2017 aims to rectify this lacuna by creating new image-based sexual offences such as revenge pornography and upskirting. However, I would submit that the Bill, as initiated, requires further amendment relating to both substantive and procedural provisions if it is to offer victim- survivors adequate legal protection. Just prosecutorial thresholds, accessible procedures, and comprehensive legislative definitions must be ensured in order to enact a modern, coherent statute which addresses the malicious and gendered practice of the non- consensual generation and distribution of images of a sexual nature.
References
Table of cases:
• ABK v KDT & FGH [2013] EWHC 1192
Table of Legislation
• America: Va. Code Ann. § 18.2–386.2 (2019)
• Australia: Crimes Amendment (Intimate Images) Act (No 29) 2017 (NSW)
• Ireland:
Civil Legal Aid Act 1995
Criminal Law (Rape) Amendment Act 1990
Criminal Law (Sexual Offences) Act 2017
Harassment, Harmful Communications and Related Offences Dáil Bill (2017) 63
Mental Health Act 2001
Non-Fatal Offences Against the Person Act 1997
England and Wales:
Criminal Justice and Courts Act 2015
• Scotland:
Abusive Behaviour and Sexual Harm Act 2016
Sexual Offences Act 2009
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