Post 181.

Block talk style, my bredren were comparing the extent of punishment they thought should be inflicted on men who share sexually-explicit photos of women which they know were taken with an expectation of privacy.

Those kind of men behave unethically and exploitatively in a world where women face shame and stigma for what earns men fame and stripes, a world where women’s greater gender inequality creates greater sexual vulnerability, and where men can and do wield their ability to harm women in ways they will never feel.

If a woman agrees to take or share sexy, intimate photos or videos, whether in a single, private sexual encounter or over a long-term relationship, that doesn’t mean she consents to public distribution of those images. Men, women and the law should be clear on this right to consent and its violation.

To tell women to never take such photos is unrealistic in our digital image age, it denies women a source of erotic pleasure they may wish to share with their sexual partners, and it worryingly assumes that men, even those in serious partnerships, will inevitably turn out to be untrustworthy, dangerous, and mercilessly insensitive Neanderthals.

This message is no different from telling girls and women not to wear short skirts in case it causes their rape or telling them not to have sex before marriage because men won’t want the cow if the milk is free or telling them that walking unaccompanied on the street is inviting sexual harassment or telling them that they are to blame for men’s domestic battery, because they answered back or stayed in the marriage for too long.

Women are not responsible for men’s decisions to violate, devalue, disrespect or penalize them in any form, including by reneging on an understanding of sexual intimacy and privacy. Here is where both law and our social principles should be on women’s side.

Right now, social hypocrisy rests on the side of male privilege, and what’s come to be called ‘revenge porn’ is overwhelmingly and globally characterized by men’s use of media and technology to humiliate and harm girls and women, who for one reason or another trusted that they would be safe from such violence.

Yes girls should grow up learning to be careful, for it seems as if any man, from uncles to exes, can potentially sexually subordinate them however those men choose. Yet, as we give women this message, what messages do we give men? And where do these messages come from?

Almost a year ago to the day, the Senate agreed that the state should send a message through the Libel and Defamation Amendment Act and the Cyber Security Agency Bill. Both pieces of legislation should make willfully disseminating personal files or photos, which expose private affairs and create public ridicule and damage, punishable by jail time and fines, thus protecting the rights and freedoms of girls and women, who are the main victims.

However, the Act doesn’t cover ‘revenge porn’ anywhere and cybercrime legislation remains only at bill stage. The message? Victims are unprotected. Newspapers can, with casual brutality, publish their names, photos and, possibly, sexual history. Men can argue that one time, short term or casual sexual encounters are a free-for-all with no expectations of ethics, common decency or confidentiality.  We now wait for a mister in the judge’s chair, relying on common rather than criminal law, to determine issues of consent, responsibility and privacy.

This indeterminacy is why my bredren thought a public, cricket bat beating would send the best message of solidarity.  If I were not all about non-violence, I’d agree.

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