Tag: politics

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!

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’

An Open Letter to the United States

Posted on by jmsheridan

Dear United States,

Hi, how are you? Been better? Sounds about right.

My question for you today is very simple: how?

How could you allow a man who openly admits to grabbing women by the pussy to run for President? How could you allow a man be seriously considered for such an important position when many of his own party members have turned against him? How can the land of the free allow a man who wants to build a wall around your great country tread so close to the Oval Office? How can so many of you support a candidate whose campaign followers were calling for a repeal of the 19th Amendment just so their candidate can win?

Respectfully, how could you let Donald Trump run for President?

I admit that I am not American. I am not a citizen of the United States, and I have no right to vote. Who am I to have such a vested interest? Who am I to judge? After all, Australia isn’t exactly a role-model global citizen either. Why should some random whiney gen-Y girl from down under care what happens in America? Or perhaps more accurately, why should you care about what some whiney gen-Y girl from down under thinks about America? And the answer is simple:

You are the leader of the free world.

I do not know who coined the idea. I do not know exactly when or why you first started branding yourselves as leader of the free world, and frankly I don’t think it matters at this point. It simply matters that you are the self-proclaimed leader of the free world. Whoever you elect as your leader will fundamentally impact the rest of us in the free world – and there are a lot of us. You aren’t the only ones counting down until November 8th.

Your presidential campaign splashes all over my news headlines. I open Facebook and my friends – both American and non-American – know exactly what is happening on your side of the world and Australia isn’t the only country watching. In fact, I can’t imagine a country that isn’t watching the showdown between Clinton and Trump unfold. Hell, they even broadcast the presidential debates live on TV over here. Did you know that? Did you know the entire world is watching?

We are watching as Donald Trump talks about women. Our boys are listening as he describes grabbing women by the pussy because ‘you can do anything’ when you’re a star. Our girls are learning that it’s all just ‘locker room talk’, and it’s normal for guys to do that to them. We are watching people celebrate a man who at the second Presidential debate was asked if he had assaulted women and answered by talking instead about the Middle East, because that’s what will truly ‘make America safe again.’

But stricter borders won’t protect people from sexual assault.

I know you’re scared. I get it. You’re scared because you have seen the horrible things happening around the world, and they seem to only be getting worse. You’re scared because terrorism isn’t a country, it’s an idea and you can’t recognise an idea when it walks past you on the street. You’re scared because the economy is bleeding and you’re drowning in debt and everybody needs to make a living. You’re scared because the world is scary right now. I’m scared too.

So when somebody stands up before you, wielding great power, money and influence, saying they can fix all your problems, I get it. You want to believe their financial success means you can have financial success. I get it. When they point to a group of people and say they’re the problem, you feel comforted. You feel like you can see the things you’re scared of. You can recognise it and finally keep yourself safe. I get it.

But it’s not that simple. It never is.

Fear is not a religion. It is not a race. It is not a gender. It is not every person with brown skin you see walking the streets. It is not hidden beneath every hijab. It is not concealed behind every accent. It is not written in code on the papers of every immigrant or refugee you see. It is complex and it disguises itself well – that is part of what makes it so terrifying. You often cannot see it until it announces itself, and by then it’s sometimes too late.

But you should not condemn hundreds and thousands out of fear. You should not brand a whole race of people as rapists and wall them out. You should not paint all refugees with the brush of mistrust and show them no compassion. You should not assume every Muslim means you harm and let racism exclude them. You should not be letting young boys believe that they can grab women without asking. You should not let your police frisk people on the street because of their skin colour. You should not let women feel like their vote is getting in the way of progress.

You are the home of the brave; please don’t let fear defeat you.