Why criminalise the possession of rape pornography?

It is time for a new law which places the cultural harms of pornography at its centre.

Hidden amongst the more high profile reforms, in the newly published Criminal Justice and Courts Bill 2014, is a proposal to extend the law on extreme pornography. This law, first enacted in 2008, criminalises the possession of pornographic images which are grossly offensive, disgusting or otherwise obscene and which explicitly and realistically depict bestiality, necrophilia or violence that is life-threatening or likely to result in serious injury.

The law specifically did not include pornographic images of rape, a gap in the law which the Scottish Government closed with its own extreme pornography law in 2010.

Fast forward to the summer of 2013 and to the successful campaign to #banrapeporn by Rape Crisis South London and the End Violence Against Women Coalition. We supported this campaign. As did 72,000 other people who signed an online petition, and the Prime Minister, David Cameron, who swiftly came on board promising to extend the extreme pornography law to include images of rape. Such pornography he said:

can only be described as extreme; I am talking particularly about pornography that is violent and that depicts simulated rape. These images normalise sexual violence against women and they’re quite simply poisonous to the young people who see them

And so to February 2014 and section 16 of the new Criminal Justice and Courts Bill. This does exactly what the Prime Minister said it would – and more. Not only is the possession of pornographic images of rape to be criminalised, but also those images depicting other forms of non-consensual sexual penetration.

This reform rightly addresses the failure of the current law to take a strong stance against the normalisation of sexual violence. Rape pornography eroticises violence. It sustains a culture in which a 'no' to sexual activity is not taken seriously, in which sexual violence is seen as entertainment, and in which equality and dignity are not protected.

A culture in which, research for the Children’s Commissioner suggests, young people, turning to pornography for guidance on sex, are engaging in risky behaviours, are uncertain as to what consent means, and develop harmful attitudes towards women and girls. Rape pornography is a form of cultural harm. And it is this cultural harm that justifies legislative action.

This is not to suggest that those who view rape pornography will necessarily go on to commit rape. Such arguments of direct, causal links between pornography and violence are over-simplistic.

Nor does our endorsement of these changes extend uncritically to the entirety of the extreme pornography laws and the proposed reforms. Further amendments are crucial to ensure both the effectiveness of the new law and that it targets culturally harmful material.

First, we recommend the inclusion of a provision requiring reference to be made to the context - description, sounds, narrative – of the image when determining whether or not it is one of ‘rape’. Scottish law already includes such a provision and it helps make it clearer which images fall within the remit of the legislation.

Second, we recommend extending the defence of ‘participation in consensual acts’. This would be a further signal that the target of the legislation is not – and should not be – private depictions of consensual BDSM activity. As we have argued elsewhere, the law currently allows for the criminalisation of many images which, when carried out with consent and produced for private use, should not be covered by this law. Extending the defence to ensure such images would not be captured by it would remedy this flaw in the current offence.

Finally, the law should include a public good defence, as in the Obscene Publications Act 1959, as this would alleviate concerns that the extreme pornography provisions extend to works of art.

In the end, however, while we welcome and support the Government’s recognition that rape pornography is ‘extreme’ enough to be included in extreme pornography law, we hope that these measures are just the beginning.

If we truly want to address the harms of pornography, what we need is a wholesale review and revision of the obscenity and pornography laws.

This would include a reform of the Obscene Publications Act 1959 and its focus on the ‘depravity’ of the consumer of obscene materials. It would entail an examination of the prosecutorial policy which continues to label as ‘obscene’ material that may be distasteful for some but is not unlawful to perform. It would require ensuring that the law is up-to-date for our technological age, particularly around the difficult questions of what ‘possession’ actually means, as well as the implications of increasingly realistic computer generated images.

It is time for a new Commission on Pornography and Obscenity, 30 years on from the Williams Report at the end of the 1970s. It is time for a new law which places the cultural harms of pornography at its centre.

Clare McGlynn and Erika Rackley are Professors of Law at Durham University with particular expertise in the legal regulation of pornography, rape law and gender equality in the legal profession. Follow them on Twitter @McGlynnClare @erikarackley.

Rape pornography is a form of cultural harm. Photo: Getty
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After his latest reshuffle, who’s who on Donald Trump’s campaign team?

Following a number of personnel shake-ups, here is a guide to who’s in and who’s out of the Republican candidate’s campaign team.

Donald Trump’s campaign chairman, Paul Manafort, stepped down last week. A man as controversial as Trump himself, he has departed following the announcement last Wednesday of a new campaign manager and CEO for Team Trump. Manafort had only been in the post for two months, following another campaign team reshuffle by Trump back in June.

In order to keep up with the cast changes within Team Trump, here’s the low-down of who is who in the Republican candidate’s camp, and who-was-who before they, for one reason or another, fell out of favour.

IN

Kellyanne Conway, campaign manager

Kellyane Conway is a Republican campaign manager with a history of clients who do a line in outlandish statements. Former Missouri Congressman Todd Akin, whose campaign Conway managed in 2012, is infamous for his comments on “legitimate rape”.

Despite losing that campaign, Conway’s experiences with outspoken male candidates should stand her in good stead to run Trump’s bid. She is already credited with somewhat tempering his rhetoric, through the use of pre-written speeches, teleprompters and his recent apology, although he has since walked that back.

Conway is described as an expert in delivering messages to female voters and has had her own polling outfit, The Polling Firm/WomanTrend for over 20 years and supported Ted Cruz’s campaign before he was vanquished by Trump in May. Her strategy will include praising Trump on TV and trying to craft an image of him as a dependable candidate without diminishing his outlier appeal.

She recently told MSNBC, “I think you should judge people by their actions, not just their words on a campaign trail”. Given that Trump’s campaign pledges, particularly those on immigration, veer towards the completely unworkable, one wonders what else besides words he actually has to offer.

Perhaps Conway, with her experience of attempting to repackage gaffes will be the one to tell us. Conway also told TIME magazine that there is “no question” that Trump is a better candidate than Hillary Clinton. Given Trump’s frightening comments on abortion, to name just one issue, it’s difficult to see how this would prove true.

Stephen Bannon, campaign CEO

While Conway may bring a more thoughtful, considered touch to Trump’s hitherto frenetic campaigning, Stephen Bannon promises to bring just the opposite.

Bannon is executive chairman of right-wing media outlet Breitbart, also the online home of British alt-right provocateur Milo Yiannopoulos. Once described by Bloomberg as “the most dangerous political operative in America”, the ex-Goldman Sachs banker can only be expected to want to up Trump’s rhetoric as the election approaches to maintain his radical edge.

Trump has explicitly stated that: “I don’t wanna change. I mean, you have to be you. If you start pivoting, you’re not being honest with people”.

As Bannon leads a news site with sometimes as outlandish and insensitive views as Trump himself, one can safely assume that Bannon will have no problem letting Trump “be himself”.

The Trump Brood, advisers

While his employed advisers come and go, the people that have been unwaveringly loyal to Trump, and play key advisory roles, are his four adult children: Donald Jr, 38, Ivanka, 34, Erik 22 and Tiffany, 22. With personalities as colourful as their father’s, the Trump children have been close to the campaign since its inception.

Donald Jr personally delivered the bad news to Lewandowski, the younger Trumps describing him as a “control freak”. Although it’s common for the offspring of politicians to take part in their parent’s campaigns (see Chelsea Clinton), in Trump’s case the influence of his children goes undiluted by swathes of professionals. This, despite his actual employed campaign directors being experienced establishment figures, adds credence to the image of Trump’s brand as family-based and folksy, furthering also his criticism of Hillary Clinton as being “crookedly” in the sway of bankers and elites.

Lewandowski’s ultimate downfall has been attributed to his attempts to spread negative stories in the media about Jared Kushner, Trump’s son-in-law and husband of Ivanka. Ivanka and Kushner were long-time critics of Lewandowski for his indulgence and encouragement of Trump’s most divisive instincts, and apparently they were integral to his firing.

Whether any good came from this is hard to discern, as Trump still managed to insult the Muslim community all over again with his comments last month about the late solider Humayun Khan, also insulting veterans and “gold star” families in the process.

OUT

Paul Manafort, former national campaign chair

Although Trump called his departing campaign manager “a true professional”, Manafort has recently been beset by personal controversy and criticised for failing to deliver results. Manafort has taken the blame for the poor polling results that have followed Trump’s awful last few weeks, with Trump’s recent (lacklustre and unspecific) apology representing a complete change of tack.

Despite his many years of experience in politics, Manafort fell out of favour with Trump partly because of his spending on media, such as a $4 radio appearance in Ohio, Pennsylvania, Florida and North Carolina. Trump was judging these investments worthwhile.

Manafort’s personal cachet was also diminished by his dodgy links to ex-clients including Ukrainian former prime minister, the pro-Russian Victor Yanukovych. As Trump has already racked up a number of Russia-related gaffes, continued association was Manafort would have likely proven electorally unwise.

Corey Lewandowski, former campaign manager

Campaign manager until Trump’s team shake-up in June this year, Lewandowski was not the picture of a calm and collected operative. With a list of antics behind him such as bringing a gun to work and then suing when it was taken away from him and lacking the experience of ever having directed a national race, Lewandowski was a divisive figure from the start of Trump’s bid for the nomination.

Although Lewandowski most often accompanied Trump on the nomination campaign trail, it was Manafort, even then, who was in charge of most of the campaign’s logistics, making use of his 40 plus years of experience to do so.

Trump was clearly taken with Lewandowski’s aggressive campaign techniques, as he stood by him even when Lewandowski was charged with battery against former Breitbart reporter Michelle Fields. Although the charges were later dropped, these kind of stories do not bode well for Conway’s hopes for a more women-friendly Trump.

***

Perhaps this latest round of hiring and firing will do him some good, but with only three weeks to go until absentee voting begins in some states, the new team doesn’t have much time.