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Important article from @cathosx on the scandal of thousands of #IntimateImages being shared w/out consent & possible new criminal law.
My concerns in #thread below on real risk that Ireland going to waste this opportunity by #RushToLegislate https://twitter.com/irishexaminer/status/1330824824080437250">https://twitter.com/irishexam...
My concerns in #thread below on real risk that Ireland going to waste this opportunity by #RushToLegislate https://twitter.com/irishexaminer/status/1330824824080437250">https://twitter.com/irishexam...
Minister @HMcEntee has right intentions and its welcome that new legislation is on the horizon, but Bill as proposed is limited as it does not clearly cover *all* forms of intimate image abuse and would be unlikely to cover the current scandal https://www.thejournal.ie/helen-mcentee-image-based-abuse-5273140-Nov2020/">https://www.thejournal.ie/helen-mce...
Most importantly, the offences require proof that the acts of non-consensual taking/sharing & #39;seriously interfere with the peace and privacy of the other person& #39; OR proof of actual alarm, distress or harm #CoreWrong #NonConsent
https://data.oireachtas.ie/ie/oireachtas/bill/2017/63/eng/initiated/b6317d.pdf">https://data.oireachtas.ie/ie/oireac...
https://data.oireachtas.ie/ie/oireachtas/bill/2017/63/eng/initiated/b6317d.pdf">https://data.oireachtas.ie/ie/oireac...
How is & #39;serious interference with peace and privacy& #39; to be proven? If shared with small number of people it& #39;s not serious? As this abuse is often minimised and trivialised, is there a risk it won& #39;t be seen as a & #39;serious interference& #39;? More here:
http://www.probation.ie/EN/PB/0/12D6F4D1961C4695802581D0003D92D9/$File/ClareMcGlynn_ErikaRackley_IPJ.pdf">https://www.probation.ie/EN/PB/0/1...
http://www.probation.ie/EN/PB/0/12D6F4D1961C4695802581D0003D92D9/$File/ClareMcGlynn_ErikaRackley_IPJ.pdf">https://www.probation.ie/EN/PB/0/1...
Evidence from England & Wales shows thresholds like this hinder prosecutions - police and prosecutors are reluctant to take cases forward as they become more difficult to evidence, as described in my report with colleagues #ShatteringLives https://claremcglynn.files.wordpress.com/2019/10/shattering-lives-and-myths-revised-aug-2019.pdf">https://claremcglynn.files.wordpress.com/2019/10/s...
Alternatively, requiring proof of actual victim harm is also serious concern. New Zealand shows such a requirement re-traumatises victims, makes them reluctant to report & case law shows judicial reluctance to recognise the serious harms of this abuse, eg
https://ojs.aut.ac.nz/new-zealand-criminal-law-review/index.php/tewharenga/article/view/36">https://ojs.aut.ac.nz/new-zeala...
https://ojs.aut.ac.nz/new-zealand-criminal-law-review/index.php/tewharenga/article/view/36">https://ojs.aut.ac.nz/new-zeala...
The harms of image-based sexual abuse are potentially very serious #SocialRupture - as research below interviewing 75 victims shows - point is we must not create an & #39;ideal& #39; type of victim and expect victims to behave in certain ways https://journals.sagepub.com/doi/full/10.1177/0964663920947791">https://journals.sagepub.com/doi/full/...
All acts of non-consensual taking/sharing infringe an individual& #39;s sexual autonomy & sexual expression - the law should be based on these principles, not also require & #39;serious& #39; interference, or proof of consequential harms. See more w @erikarackley
here: https://claremcglynn.files.wordpress.com/2015/06/mcglynnrackley-ojls-offprint-jan-2017-image-based-sexual-abuse.pdf">https://claremcglynn.files.wordpress.com/2015/06/m...
here: https://claremcglynn.files.wordpress.com/2015/06/mcglynnrackley-ojls-offprint-jan-2017-image-based-sexual-abuse.pdf">https://claremcglynn.files.wordpress.com/2015/06/m...
Back to current scandal, would be possible to prosecute offenders using the proposed basic offence not requiring proof of intention/recklessness - but only carries max 6 months. Is that the & #39;serious criminal sanctions& #39; the Minister @HMcEntee envisages?
https://www.euronews.com/2020/11/20/irish-justice-minister-proposes-new-laws-to-tackle-revenge-porness,">https://www.euronews.com/2020/11/2...
https://www.euronews.com/2020/11/20/irish-justice-minister-proposes-new-laws-to-tackle-revenge-porness,">https://www.euronews.com/2020/11/2...
Because convictions under offence carrying max 7 years prison would be unlikely due to difficulties of proving perpetrators had intention or awareness of their acts seriously interfering with peace and privacy of victims - as they likely didn& #39;t want the victims to even find out.
There are good alternatives - New South Wales has clear law prohibiting all non-consensual distribution/taking of sexual images #CoreWrong #NonConsent https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2017-029">https://www.legislation.nsw.gov.au/view/html...
Too many countries have introduced #IntimateImageAbuse laws immediately following scandals-but many such laws are limited. So much great work has been done by orgs advocating change inc @Womens_Aid @RCNIreland @SVCCork @ICCLtweet - we must not waste this opportunity #Hope #Action
Honoured to have opportunity to debate and discuss these issues more on Wednesday when @Womens_Aid launch new report on Intimate Relationship Abuse with @HMcEntee @ivanabacik @Womens_Aid @DearbhailDibs @clareaustick @PresidentIRL #Progress #Possibilities https://us02web.zoom.us/webinar/register/WN_Fp5wL8CyTPehYltHZEteuQ">https://us02web.zoom.us/webinar/r...
