Trading Nudes Like Hockey Cards: Exploring the Diversity of ‘Revenge Porn’ Cases Responded to in Law
| DOI | 10.1177/0964663920935155 |
| Date | 01 June 2021 |
| Published date | 01 June 2021 |
| Subject Matter | Articles |
Article
Trading Nudes Like
Hockey Cards: Exploring
the Diversity of ‘Revenge
Porn’ Cases Responded to
in Law
Alexa Dodge
Dalhousie University, Halifax, Nova Scotia, Canada
Abstract
Popular and scholarly responses to nonconsensual pornography (colloquially known as
‘revenge porn’) have largely, though not exclusively, focused on cases that fit within the
paradigmatic mold of men nonconsensually distributing intimate images with the inten-
tion to harass or abuse their female partners/ex-partners. However, several recent
studies offer evidence that the dynamics of this act are more diverse than previously
assumed. In this article I analyze 49 Canadian legal cases to determine the extent to
which those cases that make it to the court level fit within the typical framing and to
explore the dynamics of cases laying outside this paradigm. I find that, while a large
portion of cases fit the commonly imagined pattern, the case law also includes several
cases that complicate dominant framings of nonconsensual pornography. Using inter-
sectional and postmodern feminist theory, I argue that this variety of case contexts
necessitates more diverse socio-legal understandings of and responses to nonconsensual
pornography.
Keywords
Civil law, criminal law, feminist theory, motivations, nonconsensual pornography, offen-
ders, revenge porn, victims
Corresponding author:
Alexa Dodge, Donald Hill Family Postdoctoral Fellow, Department of Political Science (Law, Justice, & Society),
Dalhousie University, 6299 South Street, Halifax, Nova Scotia, Canada B3 H 4R2.
Email: Alexa.dodge@dal.ca
Social & Legal Studies
2021, Vol. 30(3) 448–468
ªThe Author(s) 2020
Article reuse guidelines:
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DOI: 10.1177/0964663920935155
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Over the past decade, increasing attention to nonconsensual pornography (colloquially
known as ‘revenge porn’) has been stimulated by countless reports from around the
world of women and girls being harassed and slut-shamed via the nonconsensual distri-
bution of their nude or sexually explicit images (Fairbairn, 2015; Powell and Henry,
2017). Popular and scholarly responses have largely, tho ugh not exclusively (Henry
et al., 2017), focused on cases of nonconsensual pornography that fit within the para-
digmatic dynamic of men distributing intimate images with the intention to harass or
abuse their female partners or ex-partners (Aikenhead, 2018; Franks, 2017). While many
acts of nonconsensual pornography fit within this pattern and can be well understood
through research on intimate partner violence and violence against women (Dragiewicz
et al., 2018; Woodlock, 2017), emerging research offers evidence that the dynamics of
nonconsensual pornography often do not align with this pattern and, rather, represent a
diverse set of victim/offender demographics and offender motivations.
For instance, studies have found that males and females are victimized at similar rates
(Henry et al., 2017; Lenhart et al., 2016; Steeves, 2014) and that some perpetrators of this
act are motivated by a desire to ‘show off’ or ‘joke’ rather than to harass or abuse (Eaton
et al., 2017; Hall and Hearn, 2018). Additionally, while scholarly and popular calls to
criminalize nonconsensual pornography often focus primarily on the role of misogyny in
this act (Aikenhead, 2018; Citron and Fra nks, 2014; Hill, 2015), emerging research
shows that sexual minorities, racial minorities, and those with disabilities are dispropor-
tionately victimized (Henry et al., 2017; Lenhart et al., 2016). Building on emerging
evidence of this diversity of contexts, in this article I undertake a postmodern and
intersectional feminist analysis of nonconsensual pornography case law to determine
the extent to which those cases that make it to the court level fit within the typically
imagined mold.
This article is based on my critical discourse analysis of 49 Canadian legal cases –
including 44 unique cases and 5 cases considered at both the trial and appeal level –
involving the nonconsensual distribution of photos or videos depicting nudity or sexually
explicit acts.
1
The Canadian legal context serves as a useful case study, as the noncon-
sensual distribution of intimate images has been specifically recognized as a criminal
offense in Canada since 2015 (see section 162.1 of the Criminal Code of Canada). While
this specific offense was applied in 15/44 unique cases, the dataset also includes acts of
nonconsensual pornography that were charged using pre-existing offe nses – such as
criminal harassment (12/44) and child pornography offenses
2,3
(10/44). This allows my
analysis – unlike previous legal research (Aikenhead, 2018) – to assess the variable
dynamics of those cases that have been charged outside of the specific nonconsensual
pornography offense. To analyze the variety of cases being responded to in law, my
dataset also includes both youth and adult cases and both civil and criminal law cases.
The oldest cases found were from 1993 and cases were collected up to and including
April 2018.
I find that while at least half of the cases in my dataset clearly fit the paradigmatic
scenario of a man distributing intimate images to harass or abuse his female partner/ex-
partner, the case law also includes several cases that complicate dominant framings of
this act to various extents. As a result, I explore the range of perpetrators that are being
legally regulated/criminalized (e.g. abusive men, jealous teen girls, and bragging teen
Dodge 449
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