Category: law

Sexual predators edited my photos into porn – how I fought back

Posted on by Noelle Martin

TW: Image-based sexual abuse/sextortion

 

I am LITERALLY SHAKING with emotion as I share my TEDxPerth talk about my experiences of image-based abuse.

It’s also bittersweet because to this very day I am still experiencing this horrific crime. Not that long ago an anonymous sexual predator doctored me onto the body of a woman wearing a semi-transparent, nipple-exposing t-shirt with the words ‘I AM A DUMB COW’ written on it, which was shared online. The same sexual predator also doctored another image of me on the cover of another adult movie next to the words ‘TREAT ME LIKE A WHORE’. These were the LEAST sexually explicit of the most recent wave of doctored images of me.

There was a time when I would see these doctored images of me on pornographic sites and uncontrollably cry myself to sleep. But now I am so determined to do what I can to combat image-based abuse so that no other person has to be the subject of this dehumanising and potentially life-ruining criminal behaviour, because this issue is SO much bigger than me or any one person.

It is a global issue. It can and does happen to anyone – particularly women, people with disabilities, the LGBTQI community and other vulnerable groups.

While Australia and many countries around the world have criminalised or are in the process of criminalising image-based abuse (revenge porn), there is only so much one country or state can do to combat an issue that transcends jurisdictions.

The international community (including social media and tech companies) MUST work together to help combat this issue because right now too many victims are left without justice. Technology is advancing faster than our laws, and predators are continuing to come up with new ways to abuse others. We need a global plan of action. And we need it now.

There is so much more I would’ve liked to say in this talk, especially to those who are experiencing image-based abuse. If that is you – I really want you to know that you are not alone. You are loved. You are supported. And the fight for justice is as strong as ever. Yes, things might get really tough. People might victim blame and slut shame you. There might not be any justice or recourse. People might invalidate your experiences because they don’t understand that what happens online has real world consequences.

But PLEASE don’t lose hope or give up. Please know you are not to blame –
It’s YOUR BODY, YOUR CHOICE – ALWAYS. Please stay strong. I know it is easier said than done, but take each day as it comes. Surround yourself with those who love and support you, because things CAN get better. I know it.    (Below I have included the details of the world-first image-based abuse portal created by the Office of the eSafety Commissioner under the amazing leadership of Julie Inman Grant – from personal experience I can tell you that this service is so incredible for those who are looking for support if you are dealing with this, the staff are professional, kind and so caring.)

I also want to take the time to reiterate something I said in the talk – I do NOT in any way want to take credit for ‘changing the law’ AT ALL – In this journey I have had the privilege of meeting fellow survivors and activists who have fought with all their hearts and might for change – this is on their backs. It’s on the backs of ALL the victims and survivors who have dared to speak out.

One warrior in particular is Brieanna Rose who inspires me to my very core. She has been instrumental in this change and she deserves to be recognised. She is an incredible warrior. And it is an honour to know her. I love you Brieanna. I am so grateful for all the work you have done and continue to do for justice.

I have also met some of the incredible academics who have been pivotal in enacting change – Dr. Nicola Henry, Dr. Anastasia Powell and Dr Asher Flynn who have contributed so much in this area – their work and passion is invaluable, and we owe them a great deal of thanks. This is on their backs. They are incredible.

This is also on the backs of women’s rights advocates, tech safety experts, policy advisers, lawyers, politicians and especially the amazing people who helped create such a life changing piece of legislation at the NSW Attorney General’s Department including the NSW Attorney General Mark Speakman who actually included me in this process. Thank you for giving me a voice, thank you for giving me a chance to reclaim my name. I can’t tell how much it has meant to me.

This is also on the backs of so many other stakeholders in Australia and around the world who have worked for years fighting for change and justice in this area. The process of changing the law is not easy, it is a long and convoluted process and I am so grateful to every single person who has played a part in fighting against image-based abuse in Australia and beyond. I am so proud of all your work.

I also want to make it clear, that I could not have gone through this journey without the support of my immediate family (Dad, mum and my 4 sisters – I love you and thank you for putting up with my non-stop crying during the worst of times), my best friends, Liam Downey, Mads Duffield and Tanaya Kar who have supported me from day 1 – I love you and I am forever indebted to you, you were there for me at my worst and I can never repay you. Thank you to ALL my other close friends who have lifted my spirits and given me strength in my darkest days – you know who you are, I love you dearly!

To everyone who has followed this journey and taken the time to reach out – I’ve said this before and I’ll say it again – it does not go unnoticed and I appreciate it more than you know. I want to thank two particular law professors at my uni – Zara J Bending and Shireen Daft who have listened, encouraged, empowered and shown so much love, care and support to me – you have been such pillars of strength for me. Karin Bentley who not only has done so much work fighting for tech safety for women, but has supported and gone out of her way to allow me to share my experiences, bring me to the table, and give me a voice, something that people don’t do often, I am so incredibly grateful to you.

I also want to give A HUGE THANKS to TEDxPerth for allowing me to share my experiences in the first place. Thank you for seeing value in what I had to say and having faith in me. Thank you to all the organisers and curators for VOLUNTARILY doing SO MUCH work putting the event together. TEDxPerth 2017 was a success and it’s thanks to you. To Andrea Gibbs and Emma who were nothing short of phenomenal. They helped me so much with this speech. And were brutally honest with me when it sucked BAD. I am so grateful for your help and support – I really can’t express in words how much your help and support meant to me.  

If you are currently experiencing a form of image-based abuse, please contact police or there is support available through the WORLD-FIRST image-based abuse portal here: https://www.esafety.gov.au/image-based-abuse/

Senate Passes Civil Penalty Regime to Combat Image-Based Abuse

Posted on by Noelle Martin

Today the Senate passed the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017 with some surprising, significant amendments. This Bill is part of the Australian Government’s efforts to combat image-based sexual abuse, and was developed from a public consultation into a proposed civil penalty regime (submissions/public workshops) conducted by the Department of Communications and the Arts between May – July 2017.

The Australian Government’s proposed framework is to establish a Commonwealth civil penalty regime to complement:

  • The world-first image-based abuse complaints portal run by the Office of the eSafety Commissioner which provides: information and advice, options for removing and reporting abusive images and videos, and resources and case studies; and
  • Existing Commonwealth and state and territory criminal offences.

The Bill establishes a civil penalty regime that would, as outlined in the explanatory memorandum: “prohibit the non-consensual posting of, or threatening to post, an intimate image on a ‘social media service’, ‘relevant electronic service’, e.g. email and SMS/MMS, or a ‘designated internet service’, e.g. websites and peer to peer file services”, among other things.

It imposes a civil penalty, rather than a criminal liability, of $105,000 for individuals who contravene the prohibition; and a civil penalty of $525,000 for corporations who fail to comply with a ‘removal notice‘ that may require a social media service, relevant electronic service or designated internet service to remove an intimate image from their service.

The Bill also empowers the eSafety Commissioner to investigate complaints, issue formal warnings and infringement notices, provide removal notices and written directions to ensure future contraventions do not occur.

The general consensus from the Senate this week was that Labor, The Australian Greens, and The Nick Xenophon Team welcomed and supported the Turnbull Government’s Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017. Although as Labor Senator Deborah O’Neill pointed out the “Turnbull government has been dragging its feet and has taken far too long to address this issue of image based abuse. The bill comes in the fifth year of the Liberal government and over two years after Labor’s first proposes, stronger measures”.

While Labor supported the Bill as a step in the right direction, they did not think it went far enough. Labor called on the government to criminalise the non-consensual sharing of intimate images citing:

  • The COAG Advisory Panel on Reducing Violence against Women and their Children who recommended in April 2016 that strong penalties for the distribution of intimate material without consent be developed to “clarify the serious and criminal nature of the distribution of intimate material without consent”;
  • Concerns by the Commonwealth Director of Public Prosecutions in a Senate Inquiry submission by the Senate Legal and Constitutional Affairs References Committee that “there are limitations on existing Commonwealth laws to adequately deal with ‘revenge porn’ conduct”;
  • Research from RMIT and Monash University that 80% of Australians agree “it should be a crime for someone to share a nude or sexual image of another person without that person’s permission”.

The Australian Government responded to the push to criminalise image-based abuse at the Commonwealth level by pointing out that there is already an existing Commonwealth criminal provision in place under s 474.17 – the misuse of a carriage service in the Commonwealth Criminal Code Act 1995. However, this non-specific, existing provision has been highly and widely criticized for its limited applicability to image-based abuse.

As a result, a significant amendment to the civil penalty regime was successful in the Senate today, namely to amend the Criminal Code Act 1995 to include specific criminal offences that would criminalise sharing and threatening to share, intimate images without consent. While this amendment to introduce criminal offences in conjunction with the proposed civil penalty regime may return to the Senate after transmission through the House, this amendment could mean an incredible move toward justice for victims of image-based abuse. 

In the Senate debate the Australian Greens stated that they were disappointed that the Bill was brought on for debate in such ‘haste‘ without allowing for proper scrutiny (e.g. inquiry). Australian Greens Senator Jordon Steele-John pointed out that “many of those consulted are under the impression that they will subsequently be given the opportunity to give their thoughts, opinions and expertise in regard to the outcome.”

In light of the lack of proper scrutiny of this Bill, another amendment to the Bill (sheet 8364 revised) was agreed to being that of the establishment of an independent review (and written report of the review) of the operation of the civil penalty regime within three years after the commencement of the proposed legislation.

In addition, the Australian Greens expressed concern that the Turnbull Government has forgotten to allocate any funding to the cost of running the scheme. While the explanatory memorandum of the Bill provides a ‘Financial Impact Statement‘ which states that the civil penalty regime “might have a minor impact on Commonwealth expenditure or revenue”, and “any additional funding will be considered in the 2018-19 Budget”, there is a level of uncertainty as to extent of funding needed to carry out this scheme. Labor Senator Louise Pratt also highlighted the “minimal resources that the eSafety Commissioner currently has for undertaking this kind of work”. I anticipate that the question of funding will be discussed in the House.

Also, One Nation Senator Hanson talked about her own experiences where she was subjected to the ‘degrading’ and ’embarrassing’ publication of images of a woman who was partially nude and false claims that they were pictures of her. However, Hanson went on to express some dangerous rhetoric about image-based abuse:

Hanson said:

“As the old saying goes, sometimes it takes two to tango. I say to anyone out there who thinks that intimate images of themselves are okay to send via text message or email: ‘Stop it. Keep it for the bedroom.’ People, regardless of your age, it’s in what is told to you by your parents and how you feel about yourself: people have to take responsibility for their own actions. Young people who get requests for intimate images of themselves early in relationships should not do it. Relationships don’t always last, and the person they are with may very well turn nasty on them. I’m very pleased to say that One Nation are a part of putting a dent in this abhorrent trend of shaming people using online methods and intimate images, but I reiterate: I want every man, woman and young adult to know that they too must play a role in ensuring their private photos are kept private.”

This rhetoric by Hanson perpetuates an insidious culture of victim blaming. It sends a harmful message that victims are partly responsible for the horrific and criminal actions of perpetrators. And may discourage victims from speaking out or seeking help because they feel they are to blame.  Perpetrators who share, threaten to share or record intimate images without consent are the ONLY people responsible for image-based abuse – not the victims. Many people – young people and adults – are capable and do engage in the consensual practice of sharing intimate images in a respectful, healthy, safe, loving or intimate way. But image-based abuse is the clear absence of consent and respect. Image-based abuse is perpetrated for various reasons: to humiliate, shame, intimidate, coerce, control, harass and violate victims, it’s also perpetrated for sexual gratification, social notoriety, and financial gain. Our standards and expectations of behaviour shouldn’t be so low that we hold victims partly responsible for the heinous actions of perpetrators.

When it comes to young people, there is a growing problem of young girls feeling pressure to send intimate images of themselves, and this is something that desperately needs to be addressed with respectful education initiatives and programs. We must teach young people about the safe use of technology and associated risks, consent, respect and we must empower young girls to take control of their online usage and agency – but we mustn’t, in any way, send the message that young people who send intimate images of themselves are somehow responsible for the actions of perpetrators who betray their trust or personal privacy.

To echo the sentiments in the Senate: this Bill is a significant step in the right direction, and when taken in conjunction with the amendment to introduce Commonwealth criminal offences, today marks a significant move toward long-awaited justice for victims.

I am extremely grateful to the Australian Government, Senator the Hon. Mitch Fifield, the Department of Communications and the Arts and all the stakeholders involved in the public consultation of this Bill, as well as everyone who has worked hard for years fighting for justice and accountability. Here’s to hoping for a smooth passage in the House. This is fantastic news!

Proposed Commonwealth Civil Penalties for Image-Based Abuse

Posted on by Noelle Martin

The Commonwealth Government has introduced a bill, the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017, aimed at prohibiting and deterring persons and content hosts from sharing intimate images without consent.

Under the proposed law, individuals who post, or threaten to post, an intimate image may be liable to a civil penalty of $105,000.  

Social media providers such as Facebook and Twitter; and other content hosts/electronic services/internet services, may be subject to a ‘removal notice’ to remove an intimate image shared without consent from their service. If they fail to comply with a requirement under a ‘removal notice’ they may be liable to a civil penalty of $525,000.

And as an extra layer of deterrent, persons may be given a direction to cease sharing an intimate image without consent in the future. If persons fail to comply with such a direction, they may also be liable to a civil penalty.

My initial thoughts and concerns of the proposed law:

Overall, I am extremely happy to see such strong and hefty fines for perpetrators and content hosts. I am very pleased that the Commonwealth Government has introduced specific, nation-wide proposed laws for combatting image-based abuse. And I am very grateful to the Department of Communications, Senator Mitch Fifield and everyone involved in drafting this Bill, as well as all the stakeholders who participated in the public consultation process.

My main concern is that there is no express provision creating a statutory right for victims to either claim compensation or damages for the harm this can cause them.

Image-based abuse can cause significant harm to victims including emotional distress, violation, shame, humiliation, damage to their reputation and employability and disruption to their employment or education. Victims can fear for their safety and have suicidal thoughts and/or attempt suicide. I know of victims who have had to take time off work because the emotional distress is so significant. I know victims whose studies have been affected by the actions of perpetrators.

In the area of competition and consumer law, companies who breach such laws can be liable to fines, and for affected consumers the law creates a statutory cause of action for damages for loss or damage. Yet, under this proposed civil penalty regime, while perpetrators and content hosts may be liable to very hefty fines, victims won’t have the express statutory right to access damages (or compensation).

The non-consensual sharing of intimate images is a GLOBAL problem, and it is pervasive in our society, with 1 in 5 Australians having experienced image-based abuse according to RMIT and Monash researchers. And according to research by the eSafety Commission –  ‘women are twice as likely to have their nude/sexual images shared without consent than men’, and ‘women are considerably more likely to report negative personal impacts as a result of image-based abuse’. In August this year image-based abuse became a crime in NSW and since then there have already been 20 charges. So, it is highly likely that should this civil penalty regime be enacted, there will be a lot of fines being handed out. Thus, victims should get the justice they deserve for the harm they suffer.

Also, I am happy to see that the definition of ‘intimate image’ in this Bill has extended beyond just material (photos or videos) depicting or appearing to depict a person’s private parts or a person engaged in a private act – but also specifically includes material of a person without their attire of religious or cultural significance, where that person consistently wears particular attire whenever they are in public. This inclusion of religious or cultural factors in the definition of ‘intimate image’ represents an intersectional and culturally sensitive approach to image-based abuse, which is fantastic!

Having said this, I am proud that Australia is taking such strong action. 

 

 

 

 

 

 

 

 

 

Image-Based Abuse: The Phenomenon of Digitally Manipulated Images

Posted on by Noelle Martin

Image-based abuse, colloquially referred to as ‘revenge porn’ (‘revenge porn’ is a misnomer) is an umbrella term. It refers to the non-consensual sharing of intimate images. Contrary to popular belief, there is much more to image-based abuse than the textbook ‘revenge porn’ scenario of the ‘jilted ex-lover sharing nude photos of their ex without consent’. Image-based abuse can be perpetrated in a number of ways, for a number of reasons including (among other things) to control, harass, humiliate, shame, coerce or sexually objectify a victim.

Image-based abuse is the recording, sharing or threatening to record or share, intimate images without consent. ‘Image’ means photo or video. ‘Intimate image’ means an image of a person engaged in a private act, or of a person’s private parts, or of a person in circumstances one would expect to be afforded privacy. ‘Intimate image’ can also mean an image that has been ‘altered’ without consent (digitally manipulated, doctored, photo shopped, etc.) to show a person in any of the above (i.e. engaged in a private act, etc.)

noelle
Photo: Noelle Martin (Me). Source: ABC NEWS (Dave Martin)

To date there is little to no research, data or information on the phenomenon of digitally manipulated images, but this issue is known to academics, researchers, cyber safety experts and women’s groups, and this issue is being incorporated into some recent law reform initiatives in Australia.

As a survivor-turned-advocate of this particular type of image-based abuse (link to my story here). I hope to provide some much needed insight into this form of image-based abuse and the many ways it can occur in the digital age. I will also provide a few tips on what to do if this happens to you.

The insight I provide below cannot tell you the exact extent nor how frequent this phenomenon is occurring, but what I can tell you is that there are horrific online cultures (websites/threads) that exist which host and facilitate the creation and distribution of digitally manipulated images. I can tell you some of its forms and I can tell you that I’m not the only one. Recent comprehensive research conducted in Australia shows that 1 in 5 Australians experience image-based abuse, while this takes into account other forms of this issue too, the prevalence of image-based abuse in general is telling.

Forms of Digitally Manipulated Image-Based Abuse

  1. ‘Face Swapping’ 

This form is where person A’s face is photo shopped onto pornographic material in such a way to suggest that person A is truly depicted in the pornographic material. For me, this form manifested itself when my face was:

  • photo shopped onto images of naked adult actresses engaged in sexual intercourse;
  • photo shopped on images where I was in highly explicit sexual positions in solo pornographic shots;
  • photo shopped on images where I was being ejaculated on by naked male adult actors;
  • photo shopped on images where I had ejaculation on my face; and
  • photo shopped on the cover of a pornographic DVD.

I must also point out that these altered images of me quite literally identified me by name in the image. My name was edited onto the bottom of these images in fancy font to suggest that I was some adult actress.

2. ‘Transparent Edits’

This form of image-based abuse is where a person’s clothes are digitally manipulated to give the effect of it being see-through. For example, a woman’s blouse can be edited so that the appearance of nipples can be seen through their clothes (this happened to me).

3. ‘Cumonprintedpics’

This form of image-based abuse is where a perpetrator has ejaculated onto an image of person A, and has taken an image of their semen (with/without penis) on person A’s image. The perpetrator can take this second image (containing person A’s image and perpetrators penis/semen) and post it online. There are many forums and websites that feature galleries of this kind of image-based abuse (this happened to me).

4. ‘Bodily Alterations’ 

This form of image-based abuse is where a perpetrator digitally manipulates an image of person A by enlarging or enhancing person A’s private parts, particularly the breasts or behind. The alterations are usually very extreme.

5. ‘Juxtapositions’ 

This form of image-based abuse is where a perpetrator doesn’t necessarily alter an image of person A, but instead juxtaposes (places side-by-side) an image of person A next to say, a pornographic image of person B, where person B has a similar-looking appearance/body to person A. The perpetrator can explicitly or implicitly indicate that the pornographic image of person B, is person A.

6. ‘Unidentifiable Alterations’

This form of image-based abuse is where a perpetrator digitally manipulates an image of person A (into highly sexual material) but person A cannot be (objectively) identified at all. In this grey area, I believe that it really doesn’t matter whether person A can be identifiable by third parties, what matters to me is whether person A can identify themselves, because it is EXTREMELY violating and degrading to be the subject of digital manipulation in itself. Plain and simple.

These are some of the many ways the phenomenon of digital manipulation can occur.

What can you do if this happens to you?

Unfortunately, the laws in Australia are limited. The NSW Parliament has recently passed an image-based abuse bill that will criminalise distributing, recording or threatening to distribute or record intimate images (including ‘altered’ images) without consent. South Australia and Victoria have ‘revenge porn’ laws but neither explicitly mention ‘altered’ images or digitally manipulated images. The Federal Government is in the process of potentially creating a civil penalty regime to complement existing criminal penalties, that could potentially cover digitally manipulated images. And the Office of the eSafety Commissioner is working on an online complaints mechanism for images shared without consent.

In the meantime, there are options. The eSafety Women website provides a list of what you can do. You can:

  • Collect all the evidence
  • Report it to the police
  • If you are over 18, you can report it to ACORN(Australian Cybercrime Online Reporting Network)
  • If you are under 18, you can report it to the Office of the eSafety Commissioner.
  • You can contact the webmasters/content hosts and request the removal of the material. (Proceed with caution)
  • Google has a reporting function to remove intimate images that have been shared without consent. Google can remove such images from its search results.
  • Facebook also has the tools to remove intimate images that have been shared without consent from Facebook, Messenger and Instagram.
  • Contact a lawyer and seek advice.
  • Contact local women’s groups/ domestic violence groups.
  • Sign petitions urging Australia to change the law ASAP.

Just remember, you are NOT alone. Wherever you are in the world. ❤ 

If you or someone you know may be suffering from mental illness, contact SANE, the National Mental Health Charity Helpline on 1800 187 263 or Lifeline, a 24 hour crisis support and suicide prevention service on 13 11 14.

 

 

 

 

 

 

 

Trading Pleasure for Consent

Posted on by jmsheridan

Let’s get one thing straight: stealthing is sexual assault.

You could be forgiven for not knowing what stealthing is, except that is part of the problem. Recently the HuffPost claimed stealthing was a ‘new sex practice’, but since then people all over the world have been coming forward and telling their stories, implying there is nothing new going on here. We are just finally talking about it.

The term itself is fairly new and the internet has been quick to inject the phrase into the online lexicon. But in case you’re still not familiar with it allow me to summarise:

Stealthing is the act whereby one party removes the condom during sex without the other party’s knowledge or consent. Gross, right?

The recent surge of online debate over stealthing began when Alexandra Brodsky of Yale Law School posted a study suggesting that the trend was on the rise in the US and calling for new laws to concretely safeguard victims.

Source: Instagram/@honestly_quotes

In recent years, courts from all over the world have found stealthing to be a clear breach of bodily integrity and a non-consensual sexual act. Bills have been introduced in the US to criminalise it in California and Wisconsin, and a similar piece of legislation is under consideration in the UK.

Now that you know what stealthing means you’re probably thinking ‘Oh, I’ve heard stories about that. Hasn’t that been going on for ages?’ And the sad truth is yes, it probably has. The development of sexual assault and other crimes of a sexual nature, as they are defined under the law, has been painstakingly slow. Some parts of Australia had no laws against marital rape until 1987, and we only managed to introduce legislation criminalising image-based abuse, commonly referred to as ‘revenge porn’ this year. We’ve been well behind the game.

This slow progress can also be seen in stealthing. There have been no cases of stealthing brought before the courts in Australia, and no legislation specifically mentions the ramifications if protection is removed during intercourse without both parties consenting. I can understand the law being slow if it is catching up with technology, but condoms aren’t exactly the latest and greatest in contraception. So what’s the deal?

If I were a betting woman – and I’m not, but if I were – I would guess that the reason there has been no action in this area of law is because nobody is reporting it. Like most issues with sexual assault, it all comes down to whether the victims step forward. And as usual this comes with a whole other mix of problems, from not understanding that what happened was ‘assault’, to not wanting to get a friend or loved one in trouble. One account online of a victim of stealthing also noted that the police did not take her matter seriously when she gave her statement. Sound familiar?

Time and time again victims of sexual assault are having to fight against this overriding theme that consent is not as important as pleasure. Allegations of rape always contain questions over whether the victim was ‘asking for it’ or whether the victim simply regretted it the next day. Sex is fun, sex is pleasurable, people love to have sex! So victims are asked if they are sure they didn’t consent, and if they are sure it was rape. Because to some people any sex is still sex.

Stealthing is the ultimate example of this. Offenders remove the condom, most typically because they can experience more pleasure without it, be it from the physical experience or the feeling of degrading the other party. And in exchange for this pleasure is the consent of the victim, who has no idea that the terms upon which they agreed to have intercourse have been rewritten.

Imagine sex like a contract. Both parties put forward their terms. Lights off. Reciprocal orgasms. But most importantly: a condom. Then during the execution of the contract the terms are changed. And not just any term, but one of the big ones. One of the terms that protects a party’s physical autonomy – the term that protects them from falling pregnant or potentially contracting an STI. That shield is literally taken away.

If you agreed to enter a boxing match on the condition you wear protective gear, wouldn’t you be angry if half way through the match they took your helmet away and continued to punch you?

So while Australian law remains silent on stealthing, it is important that victims don’t. Men, women and non-binary victims who have had their bodily integrity compromised by the selfishness of another. People who have been violated and assaulted by offenders who have consistently gone unpunished.

Stealthing is not a prank. It is not a joke. There is nothing funny about sexual assault.

And as far as I’m concerned that’s all stealthing is: sexual assault. And the sooner we stop trying to divert the conversation about sex-based crimes with discussions centered around pleasure, the better.

Featured Image: Encouraging Life Organisation which provides services on ‘reproductive, sexual health and comprehensive sex education’

Australia: Criminalise ‘Image-Based Sexual Abuse’

Posted on by Noelle Martin

Australia needs to criminalise ‘image-based sexual abuse’. This includes:

  • revenge porn – the non-consensual sharing of intimate images;
  • morphed porn – the non-consensual doctoring of ordinary images into pornographic material; and
  • parasite porn – the non-consensual sharing of ordinary images onto pornographic websites.

Online sexual exploitation can happen to anyone but it primarily affects women. It is used as a tool by perpetrators to harm, intimidate, control, threaten, misrepresent or sexually objectify their victims. Technology-facilitated abuse can cause significant harm to victims including emotional distress, violation, shame, humiliation, damage to their reputation and employability and disruption to their employment or education. Victims can fear for their safety and have suicidal thoughts and/or attempt suicide.

A national inquiry on ‘revenge porn’ has already taken place, and in early 2016 the Senate Legal and Constitutional Affairs Committee recommended in a report that the Commonwealth Government and the states/territories make the ‘non-consensual sharing of intimate images’ a criminal offence. The Commonwealth and the majority of our states/territories are yet to enact such laws or any laws that specifically tackle sexual cybercrime in its various forms. (Seriously Australia, the US, UK, Wales, Canada and New Zealand are already on top of it)  

Despite the Committee’s recommendations, the Federal Government has shifted its focus to civil penalties, in part due to the distressing and slow nature of criminal proceedings. A move which raises significant concerns because pursuing civil actions are arguably the most costly, lengthy, inaccessible and emotionally taxing features of our entire legal system. The criminalisation of ‘image-based sexual abuse’ would not only provide justice for victims but would serve as a powerful deterrent.

Whilst there are challenges in enforcing laws in this area, such as matters of jurisdiction, the potential anonymity of perpetrators and the rapid dissemination of online material. The Commonwealth does have the tools to fight sexual cybercrime through empowering government agencies such as the recently expanded Office of the eSafety Commissioner, the AFP, and working with internet and social media providers. 

Federal Government – A new reporting tool won’t be enough, please criminalise ‘image-based sexual abuse’.

PLEASE SIGN OR SHARE THIS PETITION to send a message to the Australian Government, the Minister for Communications and the states/territories of Australia, that online sexual exploitation ought to be criminally sanctioned, that we want justice for victims, that we want the criminalisation of ‘image-based sexual assault’ #peoplepower

 

A Cautionary Tale of Sexual Cybercrime: The Fight to Reclaim my Name

Posted on by Noelle Martin

This is a cautionary tale of my experiences as a victim of sexual cybercrime. I’m filled with fear, hesitancy and an overwhelming sense of vulnerability at the prospect of writing this piece. I’ve written a little about my experiences before but never as candid as what is to follow. This time around, I’m fighting to reclaim my name and image, a name and image that has been stolen from me and has depicted me as something I’m not.

So here goes…

It all started a couple of years ago when I discovered through a simple Google Image Reverse search that dozens of photos from my social media were plastered all over pornographic sites: xhamster.com, sex.com, cumonprintedpics.com, motherless.com, titsintops.com you name it.

But let me make one thing clear, none of my photos are or were sexually explicit, they were just ordinary images of myself, that like everyone else my age, and everyone else in today’s internet culture, would post on social media.

pic-7
Photo of me taken at age 17

It’s my understanding after years of dealing with this issue that the picture to the right is the one that started it all, or caught the attention of some pervert out there.

Somehow the perverts responsible had also managed to find out all of my details, which were also posted on these porn sites. My name, where I lived, what I studied- Some people on the thread were even trying to find out the name of my childhood best friend, so they could hack into my Facebook.

What’s more, is that on these pornographic sites were extremely explicit and highly offensive comments about myself that are to this day branded in my mind: ‘Cover her face, and I’d fuck her body,’ and ‘the amount of cum that has been spilt over her could fill a swimming pool.’ I was also called a ‘whale.’

The discovery was traumatising. I was frightened that a perpetrator would try and contact me in person. It was brutal. I immediately went to the police station, but this was before all this exposure to ‘revenge porn’ was dominating discussion in society. The police had told me that essentially there was nothing they could do, as there was nothing illegal going on, because once you upload a photo to Facebook anyone can take it and do anything they want with it, and that I had to contact the websites myself to take them down and just ensure that my social media settings were set to private.

I know now that what was happening to me is called ‘parasite porn’- the term used when ordinary images are taken from a person’s social media site and posted on threads in pornographic sites, usually alongside highly offensive, explicit and objectifying comments.

I also know that there are so many more young women who are victims of ‘parasite porn’ but haven’t a clue and all the while being preyed on by perverted men. The screenshot below is taken from just one website:

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As you can see, some young women from Instagram are being preyed upon.

For these perverted men, they might argue that what they’re doing may be questionable but technically they aren’t breaking any laws or rules. Unfortunately, they would be right. Under Facebook’s Statement of Rights and Responsibilities, ‘When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you.’

Perpetrators of ‘parasite porn’ might not be breaking any rules or laws right now. But it’s not far-fetched to imagine that at some point in the future, society does witness the rise in the incidence of ‘parasite porn,’ and we ask ourselves: how are we allowing this? Is it really okay for others to do anything they want with an image they find online even if it means objectifying, sexualising and preying on the victim? Is this the risk young women have to take to have an online presence? How will we deal with this issue?

So while ‘parasite porn’ might not break any rules or laws, what it does do-is open up the floodgates to an even crazier world. The world of ‘morphed porn’- where ordinary images are manipulated and superimposed on naked bodies or edited to create a more sexualised effect, and posted on porn sites.

This is where my story takes a turn for the worst…

I soon learnt that my face was being photoshopped onto naked women and I was being depicted as an adult actress. Some solo, some with other porn stars and in one image I’m being ejaculated on by two men. Today, Photoshop is so advanced that it’s really not that difficult to morph an image and make it look real- and some of mine do, which has been the cause of so many sleepless nights worrying about my future employability.

pic-888The newest morphed image is me photoshopped me onto the cover of porn film, ‘Buttman’s Big Tit Adventure Starring Noelle Martin and 38G monsters’ it says.

From the initial discovery and throughout this process, I contacted all the relevant government agencies and even the Australian Federal Police. I explained my story numerous times but I was always transferred or directed to the next agency or simply not responded to.

So I just had to take matters into my own hands. I frantically went about getting the websites removed with varying degrees of success. Luckily most sites obliged my request for deletion. Until one particular site, the site containing the ‘morphed images.’ I had sternly requested this site be deleted, but the Webmaster refused to do so unless I sent him intimate images of me. When I of course refused and demanded the page be removed, he threatened to send the photos to my university and my father. I knew better than to give into blackmail, so I held strong, but the site wasn’t deleted until much later.

Yet again, I know there are so many girls who literally don’t know about this- it’s a terrifying prospect. The screenshot to the right is from just one site.new

Now, some of you may be thinking that I should’ve just had my photo settings on private, or that I shouldn’t upload ‘risqué’ photos, or that I should just quit social media forever.

I thought the same for a long time, I was filled with shame, embarrassment and disappointment. But I’ve come to terms with the fact that I shouldn’t be ashamed at all. I haven’t done anything wrong. Like many others, I’m just another victim of sexual cybercrime.

In fact, now I would say that firstly, no matter how careful you are with your privacy settings on social media. There are always ways around it. These perverts can and do look through photos in the club taken by the club photographer, events pages and even your friends’ accounts

Secondly, blaming the victim is the easy option, especially in this culture of victim-blaming. Where victims of ‘revenge porn’ are asked why they sent nude photos in the first place, instead of why the boys posted them online. We should be asking why these perverted men aren’t being held to account for their actions and for the harm they have not only caused me, but all the other victims subjected to sexual cybercrime.

Lastly, while it may be common knowledge that the internet is a dangerous place and we should all be careful about what we put on the internet, NOBODY expects that when they upload a photo onto Instagram or Facebook, that they’ll end up being depicted as adult actress, with their name and image smeared and misrepresented in a sexually explicit and highly offensive way.

Today, the media is dominated by news of ‘revenge porn.’ We know about the harms of revenge porn to victims that they are more vulnerable to suicide, depression, emotional distress, humiliation and the list goes on.What we don’t hear are the issues of ‘parasite porn’ and ‘morphed porn,’ maybe because most of the victims don’t know they’re victims, which is terrifying enough. But an even more terrifying prospect is that you don’t need to have taken or sent a sexually explicit photo to be at risk.

If you discover that you’re also a victim of ‘parasite porn’ or ‘morphed porn,’ there’s hope still. Now, Google allows you to request the removal of certain photos and videos posted without consent from Google Search Results.

Befitting it seems, how relevant the words of Brené Brown are, the world’s most renowned researcher in shame and vulnerability:

When we deny the story, it defines us. When we own the story, we can write a brave new ending.

So here I am, reclaiming my name.

 

 

Featured Image: Zac Quitzau Facebook: Zac’s Doodles

 

 

 

 

The Nightclub Scene: The Place of Normalised Sexual Violence

Posted on by Noelle Martin

I’m literally sick and tired of being groped every time I go out to the clubs.

I went to the club this weekend with my gals ready to dance til’ our heels came off but instead I performed kung fu on the dance floor trying to stop the wandering hands of desperate men trying to smack my ass or feel my boobs. I was groped more than 30 times, easily. They’d stick their sweaty hands on my thighs, behind, boobs and all over my body. My friends and I were literally manhandled on the dance floor, we were pushed around from guy to guy as they tried to grind their packages on us. Like, you don’t know me like that, step the fuck away.

This kind of shit is not an isolated one, it happens all the time. I’ve had guys come out of nowhere and stick their tongues down my throat. I’ve been motorboated out of nowhere. This kind of shit happens to ALL girls. ALL the goddamn time. NO, it does not matter what club you go to- this shit will happen in a fancy club, bar, where the fuck ever. Granted, girls will probably experience less of it, depending where they go, but it will still happen. NO, it does not matter what the girl is wearing- this shit will happen even if a girl is completely covered head to toe. NO, it’s not a compliment- we feel disgusted and violated so get your hands off of us! NO, alcohol is just not an excuse. And NO, not all guys do this, but there a lot that do and it needs to stop.

This kind of shit is the norm. It’s almost an expectation. If you’re a girl and you go out to a nightclub, some guy will try and touch you inappropriately. This kind of shit is literally an unenforced, acceptable, normalised form of sexual assault. This kind of shit doesn’t happen to men, how often do you see a girl copping a feel of a guy’s package as they walk past?

As girls, what can we do? Yeah, we can assertively call them out on it and walk away. Don’t fucking touch me! I’d say, but even then, some guys have the audacity to try again when we do. If we make a huge deal about it, not only will it kill our vibe but it happens so often that at some point, one unwelcomed smack on the ass can sadly not be worth addressing. I’ve never tried, but one could notify security but then again it’d kill our vibe, and every 10 minutes we’d be doing so and I assume security would tell us to keep away from the dirty guys, and at best they may tell the culprits to stop or possibly even leave- but I highly doubt the latter. So, really, this kind of shit is just continuing to the point at which some girls are forced off the dance floor because they are being violated too much.

I mean, what the fuck is going through these guys’ heads. Would they like it if this kind of shit happened to their sisters or cousins or girlfr… well, I was going to say girlfriends but I thought again, but then again, again, I wouldn’t put it past some guys.

Realistically, ladies, if this is going to stop, keep calling the culprits out on it. Your friends should also help you in the process. If however, we want to see drastic change, I really think that night club security needs to play a bigger role in stepping up and stopping this kind of shit. I can only imagine how much security would being seeing of this. Friends of guys that do this kind of shit, first off, why on earth would you associate with such people I don’t know, but I hope you step up and stop this. And to the guys that do this shit- fuck right off. Seriously. Enough is enough.

Featured Image: Zac Quitzau Fb: Zac’s Doodles

The Unknowing Victims: Revenge Porn, Parasite Porn and Morphed Porn

Posted on by Noelle Martin

It was 2am on a Saturday night and unlike my typical weekend of wild partying, I was enjoying a quiet night in. Little did I know that what started off as aimlessly browsing the web, would turn into an even wilder, unexpected three year ordeal that to this day is far from over. That night, my mind turned to something I heard about earlier that day, the Google Image Reverse function, that allows you to upload a picture and find out if and where it is on the Internet. So, out of pure curiosity, I decided to try it for myself. What I discovered made my body ache, like the feeling you get from hearing troubling news, but a million times worse. Dozens upon dozens of porn sites had my face featured on their pages, from xhamster to sex.com and many more.

As I opened up the sites, one at a time, I found galleries of my photos, many had been taken from my Facebook page or my friends’ Facebook pages or from nightclub albums.  My details were listed- name, age, location and what I studied. The comments that were left about me are too explicit and offensive to repeat. “Parasite Porn” is the phrase used to describe the posting of photos stolen from social media websites and repurposed for pornographic purposes.

I called the police that night and I was told to bring screenshots of the sites to the closest police station. Monday morning came and I travelled to Eastwood Police Station with my laptop in hand. There was nothing they could do.  They informed me that once a photo has been posted online anyone can use and do whatever they want with it, even if it meant misrepresenting you on porn sites. I would like to note that none of the photos I had were sexually explicit. I pleaded with the police saying that the lack of consent must make this illegal, but all I could do was to contact the sites myself and request to take them down. I have successfully taken down many sites since, but I am still in the process of removing numerous sites which feature morphed photos of me, that is, photos of me that have been manipulated into a sexually explicit nature, this is an example of “morphed pornography.”

My personal experience is not an isolated one. In a society that is dominated by a vast, under regulated Internet and social media culture, where photo sharing is a commonplace activity, many victims of this sort of cybercrime, predominantly women, find themselves vulnerable and without adequate recourse. Some victims may be able to afford the expenses to remedy the damage, such as lawyers and private investigators. But there is no remedy for the emotional damage to the spirit and dignity of these victims. All too often these crimes are occurring, from the recent celebrity nude photo scandal, where many female A-list celebrities like Jenifer Lawrence had their iCloud accounts hacked and nude photos disclosed, to the very recent incident surrounding 500 Adelaide women who were found to be victims of “revenge porn,” the public sharing of sexually explicit material, often by ex-lovers, for the purposes of humiliation.

It is easy to adopt the view that if you don’t want your photos to end up in the wrong hands, don’t upload them, or if you do upload them you should expect this kind of backlash. This very sentiment was echoed by Sunrise, when in response to the Adelaide revenge porn incident they stated “when will women learn?” not to take such photos.  The comments made by Sunrise sparked outrage when feminist writer Clementine Ford called Sunrise out for “victim-shaming,” when the in fact, these women were merely “victims of crime.”

Repairing the damage done by cybercrime can be very difficult; there are issues of jurisdiction if some websites are outside the Australian domain, not to mention the adverse effect on the victim’s employability and reputation, as she may likely become susceptible to slut-shaming. In my opinion, the most dangerous part of all, is the fact that many victims of crimes such as these, have no idea they are victims until the damage may is irreparable.

Luckily, all is not so grim. Amit Singhal, a senior vice-president of Google has announced that they would remove from their search results, nude or sexually explicit photos that were uploaded without the victim’s consent, although the photos will still appear on the original websites. Whilst Google’s course of action will not solve the issue at hand, it is a huge step in tackling this kind of cybercrime. Numerous states in the US have seen the emergence of revenge porn legislation. Australia is yet to follow suit.

Featured Image: Zac Quitzau Fb: Zac’s Doodles