Clare McGlynn | |
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Born | Clare Mary Smith McGlynn 1970 (age 52–53) Kirkcaldy, Scotland, United Kingdom |
Academic background | |
Alma mater | Durham University |
Thesis | Controlling the conduct of company directors (1996) |
Academic work | |
Institutions | Durham University |
Main interests | Legal regulation of pornography,image-based sexual abuse (including ‘revenge pornography’) and sexual violence |
Clare Mary Smith McGlynn [1] (born 1970) is a Professor of Law at Durham University in the UK. She specialises in the legal regulation of pornography,image-based sexual abuse (formerly known as 'revenge pornography'),cyberflashing,online abuse,violence against women,and gender equality in the legal profession. [2] In 2020,she was appointed an Honorary KC in recognition of her work on women's equality in the legal profession and shaping new criminal laws on extreme pornography and image-based sexual abuse. She was awarded an Honorary Doctorate from Lund University,Sweden,in 2018 in recognition of the international impact of her research on sexual violence and she is a Fellow of the Academy of Social Sciences. She is a member of the UK Parliament's Independent Expert Panel [3] hearing appeals in cases of sexual misconduct,bullying and harassment against MPs. She has given evidence before Scottish,Northern Irish and UK Parliaments on how to reform laws on sexual violence and online abuse,as well as speaking to policy audiences across Europe,Asia and Australia. In November 2019,she was invited to South Korea to share international best practice in supporting victims of image-based sexual abuse [4] and she has worked with Facebook,TikTok and Google to support their policies on non-consensual intimate images.
She regularly contributes to media debates about her areas of expertise, [5] commenting on the need for a criminal law on cyberflashing,on sexually violent porn being easily available on mainstream porn sites,whether it is ok to watch pornography in public, [6] celebrity image-based sexual abuse, [7] and on the proposed regulation of upskirting in England and Wales. [8] McGlynn was involved in Rape Crisis London's campaign to 'close the loophole' that makes possession of rape pornography lawful in England and Wales. [9] The campaign was successful,and an amendment to include rape in the definition of 'extreme pornography' was incorporated into the Criminal Justice and Courts Act 2015.
McGlynn was born in Scotland,in 1970. At the age of 18 she moved to England to begin a degree in law at Durham University. After graduating in 1991,she went on to study at the College of Law,completing her Law Society Final Examinations in 1992. Following this she returned to Durham University as a teaching fellow. It was at Durham University that she completed her Master of Jurisprudence in 1996. [1] Over the next four years she worked as a lecturer at the nearby University of Newcastle,before returning once again to Durham University as a reader in 1999. [10] In 2004 she was promoted to Professor of Law,and remains highly active in academic research and teaching. [10] She has served as deputy Head of the Law School and Deputy Head of the Faculty of Social Sciences and Health (Research),where she was responsible for diversity and equality,research strategy and the Research Excellence Framework. [11] She was a member of the university's Taskforce on Sexual Violence [12] and the university's governing body,University Council. McGlynn was also a member of the REF2021 Law Assessment Panel which reviews all UK legal research.
McGlynn's career also extends beyond academia. From 1993 to 1995 she trained as a solicitor with Herbert Smith Freehills,qualifying as a solicitor of the Supreme Court of England and Wales in 1995. In 2013 McGlynn played a key role in the success of a campaign to criminalise rape pornography in England and Wales. [9] She was a trustee of Rape Crisis Tyneside and Northumberland from 2009 to 2019.
McGlynn's research (with Erika Rackley) [13] developed the concept of image-based sexual abuse to describe all forms of the non-consensual creation and distribution of private sexual images,including 'revenge pornography' and upskirting. [14] This term is now used internationally to describe these forms of abuse and McGlynn's research has shaped law reform campaigns across the world. In 2019,she published a report with colleagues "Shattering Lives and Myths" [15] drawing on interviews with over 50 victims and stakeholders which was launched in Parliament at a roundtable chaired by Maria Miller MP and attended by many victims,criminal justice organisations,women's support groups,MPs and members of the House of Lords. Her work has played a key role in national debates,including in ITV News, [16] and in legislative debates in the House of Lords. [17] She has given evidence before the Scottish Justice Committee on proposed reforms in Scotland, [18] recommending a new law focusing on the harms of victims,not the motives of the perpetrators, [19] as well as giving presentations and evidence to policy-makers across Iceland, [20] Ireland [21] and Australia. [22] In 2022,her evidence [23] before the Northern Ireland Justice Committee influenced news laws on upskirting which go further than English law,supporting the campaign by two women teachers who were upskirted by a male school pupil to change the law. [24]
McGlynn and her colleagues argue that 'revenge pornography' should be recognized as a form of sexual assault, [25] that it should be seen as part of a pattern of sexual violence, [26] along with other forms of image-based sexual abuse,and subject fully to the criminal law. In particular,she and her colleague criticized the legal loophole which meant that upskirting was not fully covered by the criminal law in England and Wales. [27]
McGlynn has argued for criminal laws to tackle cyberflashing –sending penis images to someone without their consent - giving evidence before the UK Parliament to recommend changes to the Online Safety Bill. Her book with Kelly Johnson Cyberflashing:recognising harms,reforming laws was published in 2021 [28] and is the first [29] comprehensive study of the nature,harms and prevalence of cyberflashing. It identifies the gaps in the criminal laws of a range of countries and makes recommendations for reform. McGlynn regularly speaks to the media about cyberflashing,as well as supporting the campaign by dating app Bumble to raise awareness and change the law. Her testimony before the Northern Ireland Assembly led Justice Minister Naomi Long to introduce a cyberflashing offence in Northern Ireland. [30]
McGlynn and colleagues published one of the largest studies to date of online porn finding that 1 in 8 titles on mainstream pornography websites described sexual violence. [31]
McGlynn’s work on the use of sexual history evidence in rape trials has influenced policy reform and public debates. In 2017,she undertook a comprehensive review of this area of law,particularly examining the controversial Ched Evans case where the complainant's sexual activity with men other than the defendant was allowed at trial. [32]
McGlynn and her colleagues Nicole Westmarland and Nikki Godden published the UK's first evaluation of the use of restorative justice in a case of sexual violence. [33] Restorative justice conferences involve a victim and perpetrator meeting,along with a trained facilitator,to discuss the impact of the perpetrator's crimes. [34] McGlynn and her colleagues interviewed the people involved in the conference,and concluded that restorative justice could be beneficial for victim survivors of sexual violence,but only if he or she is given the highest level of support prior to and throughout the process. [33]
McGlynn and her colleagues have published further academic research on the subject,created a research briefing,and shared their work at conferences and workshops across the UK,with audiences comprising survivors,restorative justice practitioners,lawyers and policy-makers. This series of work focusses on the failings of the conventional criminal justice system and on the matter of whether restorative justice may have a corresponding role to play. McGlynn has given evidence on using restorative justice as part of the Justice Select Committee's inquiry into Restorative Justice. Together with her colleague,Nicole Westmarland,McGlynn has also submitted evidence to the UK Parliament's Justice Committee inquiry into Restorative Justice.
McGlynn and colleagues have also investigated the use of restorative justice in cases of domestic abuse. [35] Similarly,in a study published in the British Journal of Criminology [36] they found police using ‘out of court settlements’in many domestic abuse cases,against police best practice guidance. A research policy briefing on this research is available here. [37]
In 2011,Kenneth Clarke,then Minister for Justice,proposed increasing the sentencing discount awarded to defendants who plead guilty to a maximum of 50%. [38] Public debate on this idea was impossible due to his comments made at the time of the announcement about some rapes being more serious than others. [38] However,McGlynn has argued that while he was wrong on distinguishing between rapes,he was right to start a debate on sentencing discounts for very early guilty pleas. [39] McGlynn argues that early guilty pleas may save some victims the trauma of pursuing a case through to court. [39]
Possession of "extreme pornography" was made illegal in England and Wales under Section 63 of the Criminal Justice and Immigration Act 2008. However,the definition of extreme pornography within this Act does not include depictions of rape. McGlynn and her colleague Erika Rackley argued that criminal sanctions against rape pornography can be justified on the basis of the cultural harm of the material. [40]
McGlynn and Rackley informed the debate on rape and extreme pornography in Scotland. Their research supported Rape Crisis Scotland's [41] campaign to include depictions of rape in the definition of extreme pornography,and their argument for cultural harm was discussed in the Scottish media. [42] Additionally,they disseminated their research via letter to many Scottish MSPs, [43] and McGlynn presented the argument at a conference organised by Rape Crisis Scotland and attended by the Scottish Justice Minister. McGlynn and Rackley's argument for including rape in the definition of extreme pornography was endorsed by the Scottish Parliament's Justice Committee. [44] The new legislation was introduced in section 42 of the Criminal Justice and Licensing (Scotland) Act 2010. [45]
Possession of extreme pornography was criminalised in England and Wales by the Criminal Justice and Immigration Act (2008). However,unlike in the Scottish Criminal Justice and Licensing Act (2010),rape was not included in the definition of extreme pornography. As such,the possession of rape pornography was not unlawful in England and Wales unless it involves serious (physical) violence. In 2013,McGlynn and Rackley played an instrumental role in the campaign to introduce an amendment that would make possession of rape pornography illegal in England and Wales. [9] The campaign was spearheaded by Rape Crisis South London and was supported by over 100 academics and women's groups. [46] The campaign also received support from over 73,000 people who signed its online petition,which called on the government to include depictions of rape in the classification of extreme pornography. The campaign was successful,with Prime Minister David Cameron announcing in July 2013 that the law would be amended to make possession of rape porn illegal. [47] McGlynn and Rackley wrote of their support for these reforms,whilst also recommending further clarifications to prevent unwanted consequences,such as the criminalisation of consensual BDSM activity. [48] The change to the law was incorporated in the Criminal Justice and Courts Act 2015 which updated the definition of extreme pornography to involve porn which depicts acts of rape in an explicit and realistic manner. [49] Parliament's Joint Committee on Human Rights reviewed the bill and endorsed McGlynn and Rackley's argument that cultural harm provides a strong justification for criminal sanctions. [50] The committee also endorsed their view that the extreme pornography laws are human rights enhancing. [50] The law was passed and it became illegal to possess pornography which shows acts of rape.
Her 2019 research published in the Journal of Criminal Law [51] with Dr Hannah Bows found that most prosecutions under the extreme pornography legislation are for possession of bestiality images.
McGlynn's first book The Woman Lawyer:Making the difference was published in 1998. [52] As the first book-length study on the representation of women in the UK legal profession,it became a key reference point in debates surrounding diversity in legal contexts. In the book,McGlynn chronicles women's experiences throughout the legal profession,from law school to the judiciary. She combines her own empirical research and statistics with personal testimonies from women legal academics,lawyers and judges. [52] These personal testimonies include contributions from Baroness Helena Kennedy,and Baroness Brenda Hale,who was the first woman on the Supreme Court. McGlynn's overarching theme is the need for reform within the legal profession;to introduce greater diversity and to challenge a culture in which women's abilities and achievements are marginalised.
In the late 1990s,McGlynn carried out the first survey into the representation of women legal academics. [53] Whilst it had already been established that women academics in various departments faced financial disadvantage and indirect discrimination, [53] the representation of women academics in law schools remained unknown. The survey found that only 14% of law professors were women,and only 2 in 5 law schools had any women professors at all. [53] In her paper about the findings,McGlynn discusses the impact of this under-representation of women upon the education of law students. She expands upon this in her article for the Times Higher Education Supplement, [54] in which she states that popular culture often equates the law with men and 'masculine' attributes. This view is perpetuated by the predominance of male lawyers in senior positions. Stereotypes which suggest that women are less objective or neutral than men can harm women's prospects in the legal profession,and the lack of women lawyers in higher positions can enforce these perceptions. [54]
Upskirting or upskirt photography is the practice of taking nonconsensual photographs under a person's skirt or kilt,capturing an image of the crotch area,underwear,and sometimes genitalia. An "upskirt" is a photograph,video,or illustration which incorporates such an image,although the term may also be used to refer to the area of the body inside a skirt,usually from below and while being worn.
Sex-positive feminism, also known as pro-sex feminism,sex-radical feminism, or sexually liberal feminism, is a feminist movement centering on the idea that sexual freedom is an essential component of women's freedom. They oppose legal or social efforts to control sexual activities between consenting adults,whether they are initiated by the government,other feminists,opponents of feminism,or any other institution. They embrace sexual minority groups,endorsing the value of coalition-building with marginalized groups. Sex-positive feminism is connected with the sex-positive movement. Sex-positive feminism brings together anti-censorship activists,LGBT activists,feminist scholars,producers of pornography and erotica,among others. Sex-positive feminists generally agree that prostitutes themselves should not be criminalized.
Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape,wherein sexually consenting adults feign rape,or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema,including rape and revenge films,almost since its advent.
Pornography has been dominated by a few pan-European producers and distributors,the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers,from Portugal to Serbia,who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe;its production and distribution are illegal in countries such as Ukraine,Belarus and Bulgaria,while Hungary has liberal pornography laws.
Jane Longhurst was a British special-needs teacher and musician who was murdered by Graham Coutts on 14 March 2003. Longhurst's partly decomposed body was found burning in woodland in West Sussex on 19 April. Coutts,who was dating Longhurst's best friend,was a guitarist and part-time salesperson living in Brighton.
Internet censorship in the United Kingdom is conducted under a variety of laws,judicial processes,administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law,the Copyright law of the United Kingdom,regulations against incitement to terrorism and child pornography.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted,raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus,obscaenus,"boding ill;disgusting;indecent",of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage,vile,vigilance in conservation,or revenge. In expressions such as "obscene profits" and "the obscenity of war," ;misdirection. As a legal term,it usually refers to graphic depictions of people engaged in sexual and excretory activity,and related utterances of profanity,or the exploited child,human being or situation on display. It may also relate to a fear quotient in the public area affecting trend.
Feminist views on pornography range from total condemnation of the medium as an inherent form of violence against women to an embracing of some forms as a medium of feminist expression. This debate reflects larger concerns surrounding feminist views on sexuality,and is closely related to those on prostitution,BDSM,and other issues. Pornography has been one of the most divisive issues in feminism,particularly in Anglophone (English-speaking) countries. This division was exemplified in the feminist sex wars of the 1980s,which pitted anti-pornography activists against pro-pornography ones.
There are a number of sexual offences under the law of England and Wales,the law of Scotland,and the law of Northern Ireland.
Child pornography is unlawful pornography in most jurisdictions that exploits minors for sexual stimulation. It may be produced with the direct involvement or sexual assault of a child or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography. Child pornography may use a variety of mediums,including writings,magazines,photos,sculpture,drawing,painting,animation,sound recording,video,virtual reality and video games. Child pornography may be created for profit or other reasons.
Feminists Fighting Pornography was a political activist organization against pornography. It advocated for United States Federal legislation to allow lawsuits against the porn industry by women whose attackers were inspired by pornography. FFP was based in New York,N.Y.,was founded in 1983 or 1984,and dissolved in 1997.
Feminism Unmodified:Discourses on Life and Law is a 1987 book by feminist legal scholar Catharine A. MacKinnon. The book is a collection of essays by MacKinnon delivered during the 1980s,in which she makes a radical feminist critique of pornography and liberal feminism.
Nicole Westmarland is a British academic and activist in the area of violence against women. She is currently a professor at the University of Durham,where she researches rape,domestic violence and prostitution. With Geetanjali Gangoli,she has edited two books:International Approaches to Rape,and International Approaches to Prostitution:Law and Policy in Europe and Asia. Originally a taxi driver,Westmarland’s first publication focused upon security issues for female taxi drivers,following her finding that female drivers were significantly more likely to face sexual harassment from customers than their male counterparts.
Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent. The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time,or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material,in some cases facilitated by narcotics such as "date rape" drugs which also cause a reduced sense of pain and involvement in the sexual act,dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts,to coerce them into continuing a relationship or to punish them for ending one,to silence them,to damage their reputation,and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents,legislation has been passed in a number of countries and jurisdictions to outlaw the practice,though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence,as well as a form of sexual abuse.
Anastasia Powell is a feminist criminologist at RMIT University,Melbourne,Australia.
Cyberflashing involves sending obscene pictures to strangers online,often done through Bluetooth or AirDrop transfers between devices.
The Voyeurism (Offences) Act 2019 is an Act of the Parliament of the United Kingdom which amends the Sexual Offences Act 2003 to make upskirting a specific offence of voyeurism. The Act came into force on 12 April 2019.
Deepfake pornography,or simply fake pornography,is a type of synthetic porn that is created via altering already-existing pornographic material by applying deepfake technology to the faces of the actors. The use of deepfake porn has sparked controversy because it involves the making and sharing of realistic videos featuring non-consenting individuals,typically female celebrities,and is sometimes used for revenge porn. Efforts are being made to combat these ethical concerns through legislation and technology-based solutions.
Nobody's Victim:Fighting Psychos,Stalkers,Pervs,and Trolls is a 2019 book by Carrie Goldberg,co-written with Jeannine Amber. It describes incidents of sexual violence experienced by Goldberg's clients and herself,as well as other famous cases. The acts of violence include rape and sexual assault,revenge porn,"doxing","swatting","sextortion",and abusive messages. Goldberg categorizes perpetrators as "assholes","psychos","pervs" or "trolls" depending on their nature,though "assholes" was omitted in the book's subtitle to avoid profanity.
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