Tag: victim blaming

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!

The Price Women Pay for Embracing their Sexuality

Posted on by Noelle Martin

I was just 10 years old when I hit puberty and I physically matured into a young woman very quickly.  I had C cups by the time I was 12 which made me the target of a lot of unwanted attention from a very early age. However, my body still hadn’t finished growing and soon I became known as the ‘girl with the big boobs’, whether I liked it or not.

Picture: Paige ‘Rampaige’ Halsey Warren

As a young girl with a body of a grown woman, things got really awkward. During my school years I would be so embarrassed to participate in sporting activities, especially running for obvious reasons. I wouldn’t dare to get undressed in the common areas of the changing rooms, I’d wait for the next free cubicle. And clothes just didn’t fit or if they did it was because I had stretched out the material to maximum capacity. The buttons on my school dresses would constantly break free.

In my teens I became acutely aware of how I would be perceived if I wore certain clothes. Things I wore always tended to look suggestive or provocative without even trying. Even if I wanted to wear such clothes my parents wouldn’t allow it. So, the only other option was to wear clothes that made me look and feel – and I mean no offence – like a nun. My sisters have always been petite and they could wear anything – singlets, backless tops, crop tops, but for some reason they didn’t look suggestive, so it was okay for them to wear whatever they wanted.

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Picture: Paige ‘Rampaige’ Halsey Warren

I remember how I would CRY. I would throw the worst tantrums because I was frustrated. It felt so unfair that I couldn’t wear nice clothes because I was going to be perceived as attention-seeking, slutty and promiscuous, yet my sisters could wear whatever they wanted.

As I entered my late teens, like any other girl my age, I wanted to look and feel sexy. I felt so constricted and repressed that I couldn’t wear the clothes I wanted, so I started to rebel. My parents (who are the greatest and who I love very much) were not happy. ‘Have some self-respect’, don’t look like ‘trash’, ‘cover yourself’ they would say, as if there was something inherently shameful about my body. And for a moment in time I internalised that shame, that false correlation between what one wears and their self-respect, and the view that our bodies are somehow tied to our worth.

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Me SLAYING – Present Day

However, it wasn’t long before I became ‘woke’ (a slang word for socially aware). I learnt about women’s sexual liberation. A movement that challenges traditional social expectations about how women should look, dress, talk and act, in relation to sexuality. And IT IS LIBERATING. IT IS EMPOWERING. TO OWN AND EMBRACE YOUR SEXUALITY. TO EXERCISE CHOICE. To rid yourself of the shame and outdated expectations that have been imposed upon women for so long.

Unfortunately, not everyone is woke. People still judge, criticise and condemn women for embracing their sexuality. What makes me so sad and quite frankly fucking angry – is that there is ALREADY so much self-hatred in this world, so many people suffer from body-image issues, low self-esteem and depression. Why are we trying to bring people down and shame women for embracing themselves, or for showing an ounce of confidence? (live and let live, love and let love). It’s freaking hard enough to love yourself in a society that constantly tells you that you’re not good enough.

However, I do believe that one should dress for the setting they are in, like in a professional setting, funeral or gym. There are appropriate clothing conventions we abide by for various reasons. But even if a woman respects dress codes where ‘appropriate’, the moment she’s caught violating ‘traditional social expectations’ which dictate how a woman should dress – some people will question her worth, credibility, value, assume things, judge and criticise her.

Source: Screenshot from news.com.au

Don’t believe the Western world is as dire as I’m making it out?

Well, Emma Watson’s recent photoshoot illustrates the situation. Watson, a UN Women Goodwill Ambassador and highly successful, talented actress was criticised for a ‘topless’ photo taken as part of the shoot. She was shamed, even by other women on social media. Watson, known for championing feminism, was called a hypocrite for showing her boobs. A writer for the Huffington Post described the situation PERFECTLY:

“In one simple photo, Watson has inadvertently bared a troubling truth that our society still, in 2017, cannot fathom the possibility that women can both express themselves sexually AND express a desire for equality, simultaneously” – Hannah Cranston.

A few years ago, a similar image went viral:

As perfectly evidenced by this picture (below-right) – the price of a woman owning her sexuality means that people will try to diminish and discredit the reputation, accomplishments and character of even the most highly influential women in the world – just from her choice of attire.

Rape Culture/Victim Blaming/Slut Shaming/Image-Based Sexual Assault:

Source: Facebook

The price of a woman owning her sexuality can and does become very dangerous. Women are often victim blamed and slut shamed in cases of rape, people say ‘she shouldn’t have worn that, she was asking for it’. Women are often victim blamed and slut shamed in cases of ‘image based sexual assault’ such as revenge porn, for sending intimate images in the first place. It really seems like women are being punished for just being women.

For too long, women have been told to hide themselves, that they should feel ashamed of their sexuality. Women SHOULD NOT have to pay a price for embracing their sexuality. Let’s celebrate women reclaiming their bodies and dressing however the fuck they want, in whatever the fuck they want.

 

 

 

 

 

 

 

 

 

 

 

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.

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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 Silhouette of Slut Shaming

Posted on by Noelle Martin

She doesn’t fuck around, she’s a good girl. Ever heard that before? How about ‘look at what she’s wearing, has she no self-respect.’ What about something like, ‘I want a lady in the street, but a freak in the bed.’ Ever heard, ‘she’s elegant and classy, she’s the girl you bring home to your mum,’ or ‘leave a little to the imagination,’ or ‘if you show your legs you can’t show your cleavage, it’s one or the other.’ What about something like, ‘she fucks everyone, she must have some deep-rooted issues.’

What about, ‘she’s a filthy slut’?

All of the above are everyday examples that wreak of ‘slut shaming.’ Slut shaming refers to certain attitudes that criticise, judge and demonise females for violating traditional gender norms about women’s sexuality. It’s the deep rooted sentiment that a woman’s worth is somehow dependent on her ‘flower’ or her sexuality.

Here’s everything that’s wrong with slut shaming:

1- We’re damned if we do, we’re damned if we don’t

When a woman engages in casual sex, she’s a slut. Even if a woman just dates men, it’s assumed she’s sleeping with them, and she’s a slut. Taylor Swift, is infamously known and heavily criticised for dating many men, and she has described herself as a ‘national lightning rod for slut-shaming.’

When a woman says things of a sexual nature she’s a slut- Olivia Melville made headlines when a man posted to Facebook a screenshot of her Tinder profile which contained the rapper, Drake’s lyric, “The type of girl that will suck you dry and then eat some lunch with you,” accompanied with his caption ‘Stay classy ladies.’ Since, the incident Melville has been subject to sexual harassment.

Even when a woman says things that could be inferred as sexual, she’s a slut. When a woman dresses provocatively she’s a slut. Miley Cyrus and Kim Kardashian West to name a few, are demonised for how they choose to dress, to the point that their success and accomplishments are undermined and disregarded.

Essentially anytime a woman expresses her sexuality, she’s a slut. And yes, this is a sexist issue because there is no male equivalent. Women are sluts and men are glorified for the same actions. Slut shaming is a form of sexism and is a sexual injustice.

What’s more, is that for females who don’t necessarily violate traditional gender norms, then their femininity is called into question, they are seen as undesirable and prudish with no sexual desires. So, there’s really no way out for women. We are damned if we do, damned if we don’t.

2- Mixed expectations

The greatest irony of slut shaming is that our culture actively encourages the sexualisation of females. We live in a hypersexualised world where sex sells, yet when a woman embraces her sexuality for herself she’s a slut. So it’s okay for society to dictate how a woman should look, act, dress and behave, but it’s not okay for a woman to dictate how she lives her life. So, really, slut shaming is another way of policing how a woman should live their lives and undermines a woman’s right to personal autonomy.

3- A supposed ‘correlation’ between sex and worth

Slut shaming incorrectly assumes that the way women dress or act is reflective of their self-worth and self-respect. The thing is- women have sexual desires too! Just because a woman sleeps around doesn’t mean they have no self-respect or self-worth, they might just like  sex- it’s really as simple as that.

4- It’s us against the world

Slut shaming can occur at the hands of society, men and yes- women too. Yes- many women, and this is arguably the worst kind of slut-shaming. Women who slut shame other women reinforce this girl on girl hate, when we should be empowering other women, I mean, women already have to face it from the rest of society, we need more female solidarity.  People who have slut shamed others have lost their jobs. A Sydney man Michael Nolan, would call women sluts on Facebook, until feminist writer, Clementine Ford brought it to the public’s attention and he was subsequently fired from his job. But is the court of public opinion in bringing perpetrators of slut shaming to justice enough?  Should there be slut-shaming specific laws in Australia? What would such laws look like? Food for thought.

5- The harm is significant

To be labelled a ‘slut’ diminishes a woman’s worth, respectability, reputation, and reduces her to ‘damaged goods.’

Sadly, it is not uncommon for victims of slut shaming to take their lives because of the harm, humiliation, ridicule and harassment that comes with slut shaming. Advances in technology also make incidents of slut shaming more prevalent and easier to carry out. Revenge porn is a serious example of slut shaming, and involves the spread of sexually explicit material of usually women, typically by ex-lovers, to humiliate and degrade a girl. Victims of revenge porn can experience sexual harassment, depression, humiliation and their employability can be compromised.

6- Perpetuates broader social injustices

Slut shaming has serious social implications as it actually fuels rape culture and victim blaming. The term ‘rape culture’ brings to light how females are blamed for acts of sexual violence committed against them, because of how they dressed or how they behaved. Controversial statements from police officers and politicians have tried to justify incidents of rape by victim blaming a female’s provocative clothing or sexual promiscuity. Which makes the awareness of slut shaming even more important, because it affects a wide range of sexual injustices.

But, things are changing:

Now, luckily there is an emerging movement to reclaim the word ‘slut,’ to rid it from negative connotations and to use it as a tool of women’s sexual empowerment.  Rapper Brooke Candy in a lyric says ‘that it’s time to take the word back slut is now a compliment.’ Amber Rose, a famous player in bringing awareness to slut shaming and reducing the shame around female sexuality created the ‘Amber Rose Slut Walk.’ Furthermore, sex positivity is being encouraged by ‘The Unslut Project’ where people can openly talk about their sexual experiences, free from judgement to work against sexual bullying and slut shaming.

So, if you’re someone who believes that women should have personal autonomy and should be in control of how they live their lives, sexually promiscuous or not, without fear of condemnation and judgment, then slut shaming should be on your radar. Slut shaming affects all women.

For too long women have been told: to be afraid and ashamed of their sexuality; that the sexual woman is the unworthy bad woman. For too long, women have been told how to dress, speak and act. The silhouette of slut shaming is broad, dangerous and not a pretty sight, it is so important to be prepared to speak up if you see, hear or feel it, however trivial the circumstances.

Featured Image: Zac Quitzau. Facebook: Zac’s Doodles