000 02359nab a22003017a 4500
999 _c8591
_d8591
005 20250625151656.0
008 240325s2024 ||||| |||| 00| 0 eng d
040 _aAFVC
100 _aWitt, Alice
_912766
245 _aJudicial constructions of harm in Australian image- based sexual abuse case law :
_ba feminist discourse analysis
_cAlice Witt, Nicola Henry and Gemma Beard
260 _bSage,
_c2024
500 _aSocial & Legal Studies, 2024, First published online, 21 March 2024
520 _aDespite almost every Australian state and territory criminalizing image-based sexual abuse (IBSA), which includes the non-consensual taking, creating, or sharing of intimate images, judicial discourse in this context remains underexplored. In this article, using feminist critical discourse analysis, we investigate how Australian courts conceptualize the harms of IBSA in 47 criminal and civil cases. We find that while the serious harms suffered by individual victim-survivors are widely recognized, judicial discourse on societal harms is limited, with little to no recognition of IBSA as a form of gender-based violence (GBV) in and of itself. This is significant for several reasons, including the overrepresentation of women victim-survivors and male perpetrators in our dataset, and the gender and other inequalities that often underpin IBSA. We argue that by adopting an inclusive gender-based approach, the courts can promote more nuanced, relational, and holistic understandings of the individual and societal harms of IBSA, knowledge of which is important for addressing this rapidly growing form of GBV in Australia and internationally. (Authors' abstract). Record #8591
650 _aCRIMINAL LAW
_9169
650 _aIMAGE-BASED SEXUAL ABUSE
_99483
650 _aJUSTICE
_9333
650 4 _aSEXUAL VIOLENCE
_9531
650 _aTECHNOLOGY-FACILITATED ABUSE
_99831
650 0 _aVIOLENCE AGAINST WOMEN
_93088
651 _aINTERNATIONAL
_93624
651 4 _aAUSTRALIA
_92597
700 _aHenry, Nicola
_94570
700 _aBeard, Gemma
_912767
773 0 _tSocial & Legal Studies, 2024, First published online, 21 March 2024
830 _aSocial & Legal Studies
_94799
856 _uhttps://doi.org/10.1177/09646639241233992
_zDOI: 10.1177/09646639241233992 (Open access)
942 _2ddc
_cARTICLE
_hnews126