A critical analysis of the conduct and fault elements in 'revenge porn' criminalisation
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Open Access
Type
ArticleAbstract
The non-consensual distribution of intimate images popularly known as “revenge porn” has been increasingly subject to criminalisation across a range of jurisdictions internationally. While it is accepted that there is a need for new offences to capture the most problematic of ...
See moreThe non-consensual distribution of intimate images popularly known as “revenge porn” has been increasingly subject to criminalisation across a range of jurisdictions internationally. While it is accepted that there is a need for new offences to capture the most problematic of behaviours this article will consider the varied options and consequences for the phrasing of the conduct and fault elements of criminal responsibility for “revenge porn” offending. Excessively broad conduct and fault elements could lead to behaviours being subject to prosecution that may be innocent, not offensive or harmful. Alternatively, excessively restrictive elements may mean that offensive and harmful behaviour escapes prosecution. Ultimately, the authors argue for a range of elements that tend toward a narrow phrasing in order to only capture that conduct which is substantially offensive and harmful to victims, according to the social standards of sexting between consenting adults.
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See moreThe non-consensual distribution of intimate images popularly known as “revenge porn” has been increasingly subject to criminalisation across a range of jurisdictions internationally. While it is accepted that there is a need for new offences to capture the most problematic of behaviours this article will consider the varied options and consequences for the phrasing of the conduct and fault elements of criminal responsibility for “revenge porn” offending. Excessively broad conduct and fault elements could lead to behaviours being subject to prosecution that may be innocent, not offensive or harmful. Alternatively, excessively restrictive elements may mean that offensive and harmful behaviour escapes prosecution. Ultimately, the authors argue for a range of elements that tend toward a narrow phrasing in order to only capture that conduct which is substantially offensive and harmful to victims, according to the social standards of sexting between consenting adults.
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Date
2019Source title
Criminal Law JournalVolume
43Issue
4Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters and should be cited as Kirchengast, T., & Crofts, T. (2019). A critical analysis of the conduct and fault elements in “revenge porn” criminalisation. CRIMINAL LAW JOURNAL, 43(4), 274–292. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare