Domestic Violence
Domestic Violence
research-article2019
VAWXXX10.1177/1077801219875821Violence Against WomenHenry et al.
Research Article
Violence Against Women
2020, Vol. 26(15-16) 1828–1854
Technology-Facilitated © The Author(s) 2019
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DOI: 10.1177/1077801219875821
https://doi.org/10.1177/1077801219875821
Violence: A Review journals.sagepub.com/home/vaw
Abstract
This article investigates the phenomenon of domestic and sexual violence against adult
women using digital communications technologies. The article explores terminological
and conceptual challenges and describes the empirical research literature in this field
to date in relation to digital dating abuse, intimate partner cyberstalking, technology-
facilitated sexual assault, image-based sexual abuse, and online sexual harassment.
The article also discusses policy and practice responses to this growing problem, as
well as future directions for research. We argue that research and practice need to
be guided by existing conceptual frameworks that utilize gender and actor–network
theory to understanding the causes and consequences of women’s experiences of
abuse and violence facilitated by digital technologies.
Keywords
technology-faciliated abuse, digital dating abuse, image-based sexual abuse, online
sexual harassment, cyberstalking
Introduction
The launch of the World Wide Web in 1991 is often heralded as a significant turning
point in the creation of a modern, global “network society” (Castells, 1996), and yet,
it was not until 1993 that the first graphical web browsers provided free and widely
accessible public access to the Internet (Faraj, Kwon, & Watts, 2004). Self-described
cyberfeminists were optimistic, although not entirely uncritical, of the capacity of
Corresponding Author:
Nicola Henry, Social and Global Studies Centre, RMIT University, 411 Swanston Street, Melbourne,
Victoria 3000, Australia.
Email: Nicola.henry@rmit.edu.au
Henry et al. 1829
the Internet and other digital technologies to contribute to social change that would
provide a fast-track route to gender equality. Prominent writers such as Sadie Plant
(1995) suggested that “women’s liberation is sustained and vitalized by the prolif-
eration and globalization of software technologies” (p. 58). Although such argu-
ments can be critiqued for their tendency toward techno-determinism (Luckman,
1999), there can be little doubt that the global web created a feeling of optimism for
many feminists who envisioned the breaking down of gender hierarchies through the
virtual realities of online space.
At the same time, many feminists remained concerned about the “male centrism”
of computer culture. Carol Adams (1996), for instance, posited that “cyberspace can-
not escape the social construction of gender because it was constructed by gendered
individuals, and because gendered individuals access it in ways that reinforce the sub-
jugation of women” (p. 162). These more ambivalent or even pessimistic views toward
technology were reflective of social determinism, whereby existing social norms,
structures, and inequalities were seen to precede technology and, in turn, shape how
technology was developed, used, and experienced.
A little over 25 years later, and fitting for the 25th anniversary edition of this jour-
nal, the Internet and digital technologies have become integrated into everyday life in
many parts of the world. From the first smartphones in the mid-1990s to integrated
camera–phones and the launch of Facebook in the early 2000s, contemporary societies
have undergone a period of rapid technosocial change in terms of access to informa-
tion and communication exchange. Internet technologies have become enmeshed in
social life through a diversity of personal and household devices (referred to broadly
as the “Internet of Things”). Technologies also enable individuals, governments, and
organizations to access and collate large amounts of personal information, and share it
with a rapidity never before seen, whether using digital images (photos, videos, and
simulated images), Bluetooth, Global Positioning Systems (GPS), radio frequency
identification (RFID), or other means.
The “digital revolution” has given rise to a profusion of new social cultures and
practices. The ubiquity of camera–phones, for instance, is linked to the prominence of
image-based communication or “visual conversations” (Katz & Crocker, 2015), and
the near universal uptake of social media platforms encouraging users to “broadcast
themselves”1 has influenced the blurring divide between public and private life (boyd,
2010). Alongside the vast benefits that digital technologies have bestowed, these same
technologies have facilitated opportunities for the perpetration of criminal harms, such
as computer hacking, online fraud, and identity theft. Although significant attention
has been given to these existing and emerging cybersecurity threats, far less attention
has been paid to the diverse ways in which digital technologies are used by offenders
to perpetrate or continue the harms of interpersonal violence.
This article focuses on the phenomenon of technology-facilitated domestic and
sexual violence.2 It explores the knowledge gleaned within the nascent research litera-
ture and describes a selection of different policy and practice responses to date. We
acknowledge that there are many and varied manifestations of technology-facilitated
abuse, including cyberbullying, trolling, hate-based harassment, and hate speech,
1830 Violence Against Women 26(15-16)
which are influenced by a confluence of racial, gender, sexuality, age, and disability
inequalities that are deserving of equal attention. However, the focus of this article is
squarely on domestic and sexual violence against women. In addition, although we
recognize the serious nature of abuse and violence against children and within a range
of interpersonal dynamics (including against boys and men), in this article, we focus
exclusively on adult women. Our rationale for this scope is twofold: First, we seek to
respond to the theme of this special anniversary issue, and second, we seek to recog-
nize the paucity of research on technology-facilitated abuse against adult women (e.g.,
Citron, 2014; Powell & Henry, 2017), as well as the continuing dearth of literature on
technology-facilitated abuse in intimate partner contexts (e.g., Douglas, Harris, &
Dragiewicz, 2019; Dragiewicz et al., 2018; Harris & Woodlock, 2018; Southworth,
Finn, Dawson, Fraser, & Tucker, 2007; Woodlock, 2017).
The first section of the article explores the terminological and conceptual chal-
lenges in the emerging field of technology-facilitated domestic and sexual violence.
The second section reviews the empirical literature on the prevalence, nature, and
impacts of technology-facilitated domestic and sexual violence. The third section then
discusses a selection of policy and practice responses to this growing problem, as well
as future directions for research. We argue that although it is tempting to exceptional-
ize or sensationalize the role of digital technologies in interpersonal forms of violence
and abuse, or alternatively, to underplay the role of technologies as merely tools or
weapons for motivated perpetrators, it is important to recognize the increasingly
embedded and intertwined nature of the physical, digital, and biological in seeking to
understand this phenomenon. Our analysis is thus informed by technofeminisms
(Wajcman, 2004) and actor–network theory (Latour, 1991, 2005), which see both arti-
facts (including technological artifacts) and humans interacting in complex ways, ren-
dering dichotomies between agency and structure, nature and society, actor and object,
and online and offline, as increasingly unproductive. We also argue that gender theory
is crucial for understanding the causes and consequences of technology-facilitated
domestic and sexual violence, and that future research and practical responses must be
conceptually guided by such frameworks.
McGlynn & Rackley, 2017; Powell & Henry, 2017), “technology-facilitated domes-
tic and family violence” (Douglas et al., 2019), “digital coercive control” (Harris &
Woodlock, 2018), or “technology-facilitated coercive control” (Dragiewicz et al.,
2018). Other scholars use broad terms, despite drawing on definitions that suggest
a narrower focus on particular sexual or intimate partner violence contexts.
Examples include Thompson and Morrison’s (2013) study of “technology-based
coercive behaviour,” which they define as asking someone online for sexual infor-
mation or posting a sexually suggestive message or picture to someone’s online
profile. Another is Gámez-Guadix, Almendros, Borrajo, and Calvete’s (2015) study
of “online victimization,” which they define as “pressure to obtain unwanted sexual
cooperation or the dissemination of a victim’s sexual content through the Internet”
(p. 145). Similarly, Reyns, Burek, Henson, and Fisher (2013) use the term “cyber-
victimization” to refer to receiving sexually explicit images, as well as harassment
and sexual solicitation.
The plethora of different terms is matched by the variety of definitions of what
constitutes online abuse, or abuse involving digital technologies, which creates a
key challenge for researchers and policy makers alike.3 Such differences make it
difficult to compare and contrast studies, particularly those relating to prevalence.
For example, some studies examine specific behaviors (e.g., IBSA or cyberstalking),
whereas others focus on a wider range of behaviors. Broad survey research on online
abuse and harassment represents a further challenge in that the context, significance,
and impacts of the abuse are not always easily captured (Douglas et al., 2019). This
may lead to a misconception that abuse involving digital technologies is not influ-
enced by gender dynamics, when some studies find that prevalence is equally high
for men as it is for women. In effect, without additional context regarding the nature
of the relationship, the presence of other abusive tactics, information on any repeti-
tive and ongoing features of the abuse, and impacts such as fear and psychological
distress of victims, the gendered nature and impacts of such abuse may be over-
looked (Douglas et al., 2019; Dragiewicz et al., 2018).
The nomenclature of prefixing the digital or technological to highlight the role of
the technological artifact in sexual and/or intimate partner violence is not without
challenges and criticism. Fiona Vera-Gray (2017), for instance, has noted that the term
“technology-facilitated” tends toward positioning the technology as the problem,
rather than the broader structural causes of violence against women, such as gender
inequality. It is a point taken up by other researchers in this field. Douglas et al. (2019),
for example, argue that technology-facilitated forms of domestic and family violence
(DFV) “should be understood as a form of coercive control that is inextricably tied to,
rather than separate from, DFV and the broader cultural values and practices that
engender it” (p. 3). Reed, Tolman, and Ward (2016) also note that digital technologies
form part of a “constellation of tactics” within abusive relationships, because they are
used as the tools or means to achieve certain perpetrator goals, such as sexual gratifi-
cation, coercion, retribution, humiliation, and control.
In our work on technology-facilitated sexual violence and IBSA (Powell & Henry,
2017; Powell, Henry, & Flynn, 2018), we have described the ways in which such
1832 Violence Against Women 26(15-16)
monitoring), harassing and threatening messages (online or via cell phone), online
humiliation, and other controlling behaviors involving digital technologies and
Internet accounts.
(2011) study, where they conducted interviews with 10 women who were residents at a
domestic violence shelter in the United States. They concluded that digital technologies
are inextricably linked to their domestic violence experiences, which extended beyond
the point of separation with their offenders as an additional factor to escape in a “web
of entanglement” (p. 420). Weathers and Hopson (2015) interviewed 10 female college
students who had previously been in “a digitally abusive heterosexual romantic rela-
tionship.” The aim of the study was rather narrow in that the authors focused on the
communicative experiences and strategies that women adopt to deal with coping with,
and moving on from, an abusive relationship. Another is an Australian study in which
Douglas et al. (2019) conducted interviews with 65 participants about their experiences
of legal system responses to domestic violence. Although participants were not specifi-
cally asked about the role of digital technology, 85% in the first of three sequential
interviews mentioned that technology was a part of the pattern of offending. Examples
included repeated, abusive, and threatening cell phone calls and texts, monitoring and
control of cell phones and Internet accounts, and IBSA (Douglas et al., 2019).
In summary, much of the current research on technology-facilitated intimate partner
or dating abuse has been quantitative, and based on convenience samples, often with
college students. Although there is little consistency in methods, instruments, and defi-
nitions, the research suggests that digital abuse within intimate relationships is rela-
tively common. As noted by Brown and Hegarty (2018) in their review of empirical
research on digital dating abuse, there needs to be more consistency for future survey
research, including clear definitions of key terms, psychometric evidence, and an inves-
tigation of both victimization and perpetration prevalence. Brown and Hegarty (2018)
further note that improvements to survey quality should include an investigation into
the relationship between the victim and perpetrator, clarification of lifetime or time-
based experiences, and investigation into more subtle forms of abuse, as well as the
impacts of digital dating abuse on victims. In addition, there also needs to be more
qualitative research focused on technology-facilitated domestic and dating violence.
This might involve the befriending of the victims on an online dating site before
arranging to meet them in person to carry out a sexual assault. Alternatively, it might
involve “rape by proxy,” where the offender posts messages online calling on third
parties to rape or sexually assault the victim (e.g., sometimes pretending to be the
victim; Powell & Henry, 2017). In other cases, the perpetrator uses blackmail to coerce
the victim into engaging in a sexual act—also known as “sextortion.” This can take the
form of eliciting private information or a sexual image and using this material to
blackmail, bribe, or threaten the victim (Powell & Henry, 2017).
Much of the focus in the literature on technology-facilitated sexual assault and
coercion has been on children and adolescents as victims of online sexually predatory
behavior (e.g., Beech, Elliot, Birgden, & Findlater, 2008). To date, very little empirical
research has captured the prevalence of adult sexual victimization using cell phone
apps, dating sites, and other online platforms. Figures from the UK National Crime
Agency (2016) show that the number of people who report being raped on their first
date with someone they met on a dating app has increased sixfold in just five years,
with women representing the majority (85%) of victims of sexual offenses linked to
online dating between 2003 and 2015. This was also evidenced in Powell and Henry’s
(2017) study (n = 5,798) where one in 10 Australian women and nearly 12% of women
in the UK reported that they had an unwanted sexual experience with someone they
first met online. Consistent with the studies mentioned below, Powell and Henry
(2017) found that young women in particular were more likely to report these experi-
ences. For example, in the UK component of the survey (n = 2,842), they found that
young women aged between 20 and 24 years were almost twice as likely (21.1%) to
have had an unwanted sexual experience with someone they first met online as com-
pared with other adult women generally (11.7%).
Other studies have investigated “unwanted sexual solicitation,” which includes
sexual coercion, such as receiving unwanted requests to talk about sex (see also dis-
cussion below on online sexual harassment) or to do something sexual (Ybarra,
Espelage, & Mitchell, 2007). Again, the focus of research has been mainly on children
and adolescents (e.g., Mitchell, Wolak, & Finkelhor, 2008). In a Dutch study,
Baumgartner, Valkenburg, and Peter (2010) (n = 1,765 adolescents; n = 1,026 adults)
investigated the prevalence of unwanted online sexual solicitation. They found among
their adult cohort that 4.6% of males and 6.7% of females reported that they had been
asked to do something sexual when they did not want to, at least once in the past six
months. This was compared with 5.6% of male adolescents and 19.1% of female ado-
lescents who reported having been unwantedly sexually solicited online at least once
in the past six months. In this study, the authors limited “doing something sexual”
exclusively to online behaviors.
taking of nude or sexual images; the sharing or distribution of nude or sexual images;
and threats made to share nude or sexual images; (Powell & Henry, 2017; Powell,
Henry, & Flynn, 2018). Images can be photographs or videos. Perpetrators may be
motivated to engage in such behaviors for the purposes of revenge, sexual pleasure,
power, or to seek enjoyment, entertainment, social status, or monetary gain.
There are diverse manifestations of IBSA. Behaviors include, for example, perpe-
trators surreptitiously photographing or filming the victim without his or her knowl-
edge, in both public and private settings, or recording consensual or nonconsensual
sexual encounters without the consent or knowledge of the victim. It may involve the
production of digitally altered images that depict the victim in a sexual way, referred
to as “fake porn” (or “deepfakes” when involving the use of artificial intelligence;
Chesney & Citron, 2018). Other examples include pressure or coercion on the victim
to share nude or sexual images, or distributing or sharing nude or sexual images via
cell phone, email, social media, and other Internet sites, including so-called “revenge
porn” or “ex-girlfriend” websites, where personal details of victims are posted along-
side their image. In other contexts, domestic violence perpetrators threaten to share
nude or sexual images to force or coerce the victim in some way, or computer hackers
threaten to share stolen images to obtain more images, to force the victim into an
unwanted sexual act, or to extort money.
Some studies have examined the prevalence and impacts of IBSA victimization and
perpetration. The majority have been more broadly on intimate relationships and tech-
nology use or technology-facilitated abuse and, as such, do not comprehensively
investigate the phenomenon (e.g., Branch, Hilinski-Rosick, Johnson, & Solano, 2017;
Dir & Cyders, 2015; Marganski & Melander, 2018). There have been, however, a
small number of studies specifically focused on IBSA (e.g., Cyber Civil Rights
Initiative, 2014; Eaton, Jacobs, & Ruvalcaba, 2018; Lenhart et al., 2016; OeSC, 2017;
Powell, Henry, & Flynn, 2018). It is difficult to compare results across these studies
owing to different methods, definitions, and sample sizes; yet, broadly speaking, the
research indicates prevalence relating to victimization among adults to be between 1
and 12% in relation to the nonconsensual sharing of nude or sexual images. In relation
to threats to share nude or sexual images, existing studies (both broad and more nar-
rowly on IBSA) suggest a victimization rate between 1 and 15% (e.g., Eaton et al.,
2018; Gámez-Guadix et al., 2015; Lenhart et al., 2016; McAfee, 2013; Powell &
Henry, 2017; Powell, Henry, & Flynn, 2018; Powell, Henry, Flynn, & Scott, 2019;
Reed et al., 2016).
To date, very few studies have measured the prevalence of victimization relating to
the nonconsensual taking of nude or sexual images. Our 2016 study (n = 4,274) found
that one in five (20%) participants had experienced someone taking a nude or sexual
image of them without their consent (Powell, Henry, & Flynn, 2018). We also asked
female respondents about their experiences of “upskirting” and “downblousing,” and
found that one in 10 women had experienced someone taking an image of their cleav-
age without their permission, and one in 20 had experienced someone taking an image
up their skirt without their permission. This rate is likely to be an underestimate
because many victims remain unaware that someone has taken images of them.
Henry et al. 1839
Although some studies have found that, similar to other forms of intimate aggres-
sion, women are more commonly the targets of IBSA as compared with men (e.g.,
Eaton et al., 2018; Lenhart et al., 2016; OeSC, 2017), other studies found either similar
victimization rates among both men and women (e.g., Powell & Henry, 2017; Powell,
Henry, & Flynn, 2018; Reed et al., 2016), or somewhat higher victimization rates
among men (e.g., Borrajo et al., 2015; Powell & Henry, 2017; Reed et al., 2016). In a
2017 Australian study on IBSA (n = 4,122), women (15%) were twice as likely as
men (7%) to report experiencing someone sharing nude or sexual images of them
without their consent (OeSC, 2017). Like Lenhart et al.’s (2016) study, this study
found that age and gender were a significant predictor of prevalence, with 24% of
women and 16% of men aged between 18 and 24 years reporting having experienced
someone sharing a nude or sexual image of them without their consent (OeSC, 2017).
In addition to gender and age, this study (OeSC, 2017) found that Aboriginal and
Torres Strait Islander Australians (25%) were twice as likely to have experienced this
form of IBSA in comparison with non-Indigenous Australians (11%). Prevalence was
also high for those who spoke a language other than English at home (19% compared
with 11%) and among LGB participants (19% compared with 11%; see also Lenhart
et al., 2016; Powell, Henry, & Flynn, 2018). In our study (Powell, Henry, & Flynn,
2018), we similarly found that one in two Australians with a disability, one in three
LGB people, one in three young people aged 16-19 years, and one in four people aged
20-29 years reported experiences of IBSA. These findings suggest that IBSA victim-
ization experiences reflect the patterns of abuse and harassment common among vul-
nerable or marginalized groups within the community more broadly.
Few studies have investigated the impacts of IBSA. One exception is the Cyber
Civil Rights Initiative’s (2014) Effects of Revenge Porn Survey (n = 864), which
found that 93% said they had experienced significant emotional distress as a result
of their images being distributed online. In the Australian study conducted by the
Office of the eSafety Commissioner (OeSC, 2017) (n = 4,122), victims said they
felt annoyed (65%), angry (64%), humiliated (55%), depressed (40%), and afraid for
their safety (32%) after their images had been distributed. Furthermore, 42% said
their most recent experience affected their self-esteem and 41% said it affected their
mental health. In our Australian study (n = 4,274; Powell, Henry, & Flynn, 2018),
we found that victims of IBSA were almost twice as likely as nonvictims to report
experiencing high levels of psychological stress, consistent with a diagnosis of mod-
erate to severe depression and/or anxiety disorder. We also found that many victims
reported that they were “very” or “extremely” fearful for their safety as a result of
their IBSA experience, with women victims more likely to report feeling this way
(Powell, Henry, & Flynn, 2018).
Finally, there have been very few quantitative studies on IBSA perpetration, and
like the other research described in this article, prevalence rates are mostly derived
from broader surveys on online abuse.8 Although it is difficult to synthesize the find-
ings given the different sample sizes, definitions, and instruments used, studies indi-
cate an approximate perpetration rate between 12 and 30% of respondents who report
sharing nude or sexual images without the consent of the person depicted in the video
1840 Violence Against Women 26(15-16)
or photograph (e.g., Crofts, Lee, McGovern, & Milivojevic, 2015; Eaton et al., 2018;
Garcia et al., 2016; Morelli, Bianchi, Baiocco, Pezzuti, & Chirumbolo, 2016; Powell
et al., 2019; Thompson & Morrison, 2013).
One problem is that there are inconsistencies with definitions such as “sharing,”
namely, whether or not sharing included showing or sending photographs, texts, or
videos. Furthermore, the majority of studies did not report on gender, age, race, or
sexuality differences in relation to self-disclosed perpetration items. In our survey
on self-disclosed IBSA perpetration (n = 4,274; Powell et al., 2019), we found that
one in 10 respondents reported engaging in at least one IBSA behavior (taking, shar-
ing, or threatening to share nude or sexual photographs or videos). For all individual
IBSA behaviors, we found that men were significantly more likely to report engag-
ing in perpetration than women—which was particularly so for men aged 20-29 and
30-39 years. We also found that LGB participants were more likely than heterosex-
ual participants to self-report perpetration, as well as IBSA victims and those who
had engaged in sexual selfie behaviors (taking and/or sharing nude or sexual images
of themselves).
Overall, the majority of these victimization and perpetration studies have used vari-
able sample sizes, largely convenience populations (such as college student samples),
and few have been exclusively focused on IBSA. Moreover, victimization studies are
likely to underestimate prevalence because they only include reports from victims who
have become aware that their images have been created and/or distributed without
consent. Some studies only asked about sharing images on Internet sites and not
through other means such as via cell phone. A further inconsistency was that some
studies only asked participants about photographs, whereas others asked about text
messages, photographs, and videos. Finally, some studies only asked perpetration or
bystander questions, whereas others only asked about victimization experiences.
Although survey research provides much-needed insight into the scope of the prob-
lem of IBSA, a simple glance at the online websites that host nonconsensual images,
often without the knowledge of the victims depicted in the images, reveals a much
more complex picture (see Hall & Hearn, 2018; Henry & Flynn, 2019; Uhl, Rhyner,
Terrance, & Lugo, 2018). Qualitative research is, therefore, necessary to explore the
different types of IBSA and its associated impacts, as well as the gendered nature of
IBSA, including causes and impacts. The limited qualitative research on IBSA to date
indicates that, increasingly, women are seeking assistance from domestic violence,
sexual assault, and community legal services for advice, support, and legal options, in
response to IBSA (Bates, 2017; Henry & Powell, 2015; Powell & Henry, 2017).
Attention has also been paid to the significant emotional distress that victims experi-
ence when IBSA occurs. For instance, victims may retreat from engaging in both
offline and online social activities and they may suffer anxiety and depression along-
side other social, economic, and psychological problems (Bates, 2017; Citron &
Franks, 2014; Henry & Powell, 2015). Gendered victim blaming was also (unsurpris-
ingly) noted in a number of studies (e.g., Powell, Henry, & Flynn, 2018; Walker, Sanci,
& Temple-Smith, 2013). No qualitative research has yet been published involving
interviews with perpetrators of IBSA.
Henry et al. 1841
Legal Responses
In response to the emergence and proliferation of abuse involving the use of digital
technologies, criminal and civil laws have undergone significant reform globally. For
example, in many countries, the nonconsensual distribution of nude or sexual images
has been made a criminal offense. Some jurisdictions also criminalize threats to dis-
tribute intimate images and, in some jurisdictions, the taking or creating of intimate
images without consent (which includes the nonconsensual creation of digitally altered
images) has been made a specific criminal offense.
Henry et al. 1843
There are civil laws in many countries, which may give victims the option of taking
offenders to court (e.g., under sexual harassment, copyright, or privacy laws); how-
ever, the costs associated with civil litigation are prohibitive for many victims. Some
jurisdictions have introduced innovative civil justice approaches to dealing with these
issues. For example, in 2018, Australia introduced a federal civil penalty scheme that
was specifically designed to provide victims of image-based abuse an alternative jus-
tice avenue to the criminal justice system or civil litigation. Under the civil penalty
scheme, the Australian Office of the eSafety Commissioner can issue a takedown
notice or civil penalties for the nonconsensual sharing of intimate images, as well as
threats to share images via the Internet, email, and cell phone.
Legislative responses have met several challenges. For example, in many jurisdic-
tions, the laws pertaining to the distribution of nonconsensual intimate images require
the prosecution to prove that the perpetrator intended to cause harm and/or serious
emotional distress to the victim, with some laws requiring evidence of the serious
harms caused to victims. Such laws are problematic because they fail to capture the
diverse motivations for the creation or distribution of intimate images beyond that of
revenge, and will not capture situations where the distributor is deliberately conceal-
ing the sharing of such images (Henry & Flynn, 2019). Other challenges have emerged
in relation to prioritizing the harms of (supposedly) impinging on free speech, versus
the harms of technology-facilitated abuse. In Texas, for example, legislation criminal-
izing IBSA was overturned by the Court of Appeals on the basis that the law was an
“invalid content-based restriction and overbroad in the sense that it violates rights of
too many third parties by restricting more speech than the Constitution permits” (Ex
Parte Jones, Court of Appeals, 12th Court of Appeals Tyler District No 12-17-00,346-
CR). The court held that the law was in violation of freedom of speech provisions in
the First Amendment.
There are also legislative issues in relation to other instances of technology-facili-
tated domestic and sexual violence. In relation to stalking legislation, for instance,
some acts of intimate partner cyberstalking might not meet the legal thresholds for
criminal stalking or harassment in many jurisdictions where there is a requirement that
the victim feel fear or apprehension in relation to a repeated course of conduct by the
perpetrator. In many common law jurisdictions, sexual harassment is only unlawful in
specified areas of public life, which means sexual harassment is not against the law in
private settings. In other words, although online sexual harassment in schools, univer-
sities, workplaces, and other areas of “public life” can be reported, investigated, and
acted upon, technically it is not unlawful to engage in these behaviors in a private
context, unless it crosses a threshold into criminal activity (e.g., where the victim is a
child or adolescent, or where there is blackmail or computer hacking activity).
Finally, a key challenge concerns law enforcement approaches to addressing tech-
nology-facilitated abuse. Our research has demonstrated that although police are
beginning to treat these harms more seriously, there are five key barriers to action.
These include: inconsistent laws, a lack of police resources, evidentiary limitations,
jurisdictional boundaries, and victim blaming or harm minimization attitudes (Powell
& Henry, 2018; Henry, Flynn, & Powell, 2018). Bond and Tyrrell (2018), who
1844 Violence Against Women 26(15-16)
surveyed 738 police and related personnel in England and Wales, have also pointed to
similar problems, including: police knowledge of legislation, their confidence in
responding to cases, and the level of training they had received. They found over-
whelmingly that police had a limited understanding of laws and lacked confidence in
both investigating cases and effectively responding to victims.
One of the greatest challenges across the range of different behaviors (and, indeed,
cybercrime research generally) concerns the cross-jurisdictional barriers that make it
difficult (or in some cases impossible) to detect, apprehend, and prosecute offenders
when they are located in another country or jurisdiction (Henry et al., 2018). Although
intergovernmental and cross-jurisdictional law enforcement measures are often mobi-
lized in relation to child sexual offenses (such as the distribution online of child exploi-
tation material), this is rare in relation to technology-facilitated abuse against adults
(Henry et al., 2018), meaning that other policy and nonlegal approaches are warranted
for responding to and preventing this abuse, as well as more education, training, and
resources for police and the criminal justice system.
Policy Implications
Criminal and civil remedies are not always the only or most appropriate response to
the harms of technology-facilitated domestic and sexual violence. It is vital that other
nonlegal measures are in place to provide support, advice, and assistance to victims
and practitioners, and to educate the broader public about its prevalence, nature, and
impacts. Some examples of this include increased support and reporting services (e.g.,
the image-based abuse reporting portal in Australia), the creation of advice hotlines
and 24/7 online sites (e.g., the Revenge Porn Helpline in the United Kingdom), as well
as Internet companies, social media platforms, and other website providers introduc-
ing robust policies prohibiting online abuse, and creating efficient and effective online
reporting mechanisms.
In 2015, Microsoft and Google announced new reporting options so that victims
can request to have their intimate images excluded from Bing or Google searches.
Other platforms such as Facebook, Twitter, Reddit, Tumblr, Pornhub, SnapChat,
Instagram, and Flickr (among many others) have also introduced reporting mecha-
nisms for victims of IBSA. In November 2017, Facebook also announced a pilot
trial in partnership with the Australian Office of the eSafety Commissioner that
seeks to prevent IBSA from occurring on its platforms. In May 2018, the trial was
expanded to Canada, the United States, and the United Kingdom with partners
including the Revenge Porn Helpline, the Cyber Civil Rights Initiative, the National
Network to End Domestic Violence, and the Young Women’s Christian Association
(YWCA). The trial allows people who are concerned that someone might share an
image of them on Facebook (and/or its subsidiaries) to contact the relevant partner
agency and complete an online form. The person will then be sent an email contain-
ing a secure, one-time link, where they can upload the image(s). A community
operations analyst from Facebook accesses the image and creates a “hash” or
unique “digital fingerprint” of it, and the image is then deleted. If someone later
Henry et al. 1845
attempts to upload or share the image on Facebook or its subsidiaries, they will be
automatically blocked, and the image will not be able to be shared. It is important
to note that these measures will not prevent images being shared on other plat-
forms, but it is a unique example of the types of nonlegal responses and technolo-
gies that are being implemented to respond to technology-facilitated abuse.
Within the field more broadly, victim support services (e.g., in the United States, the
National Network to End Domestic Violence; and in Australia, the Women’s Services
Network [WESNET]) have begun creating online toolkits and resources for victims and
practitioners to improve awareness of how and where technology-facilitated abuse
might be happening and ways to respond, including providing tips on changing security
settings, restricting access to location services, and keeping devices safe. These
resources are being rolled out in a range of languages and locations, such as the back of
toilet cubicles, doctors’ offices, apps, and on websites with “quick exit” options (see,
for example, OeSC, 2019).
Further to these developments, there is important policy work needed around the
creation of information resources, such as a website and print materials, for victims,
advising them of their legal and nonlegal options and the development of prevention
strategies through public education campaigns in traditional and digital media,
workplace harassment and antidiscrimination resources, and school curriculum
packages. This is made possible, in part, through governmental policies on violence
against women and children, which are beginning to address the problem of technol-
ogy-facilitated domestic and sexual violence and invest resources in support, educa-
tion, and prevention.
Policy and practice initiatives help to address some of the problematic attitudes
around technology-facilitated domestic and sexual violence, although much more
work needs to be done. In our 2016 Australian survey of IBSA (n = 4,274), we found
harm minimization and victim-blaming views were widespread among respondents
(Powell, Henry, & Flynn, 2018). Prevention strategies, therefore, should include con-
tent that (a) identifies and challenges the gender- and sexuality-based social norms and
cultural practices that underlie the stigma that is directed at victims, (b) redirect
responsibility onto the perpetrators, (c) encourage and provide tools for individuals to
take action as bystanders and to safely call out victim blaming and shaming where they
encounter it, and (d) raise awareness of new legal and support options as they come to
fruition.
Ultimately, the prevention work needed to address technology-facilitated domestic
and sexual violence aligns with that of the primary prevention of domestic and sexual
violence more broadly. Continued policy advocacy (and research, as outlined below)
is needed for women’s experiences of technology-facilitated harms to be taken seri-
ously by criminal justice systems, whether that is through updating legislation to rec-
ognize the harms of such abuse, or educating police agencies to pursue these harms
through existing laws that could apply. In short, by promoting gender equality and
respect in individual attitudes and behaviors, as well as cultural and institutional prac-
tices across all levels of society, we can change the social and structural conditions that
underlie technology-facilitated violence.
1846 Violence Against Women 26(15-16)
Conclusion
Digital technologies provide an important opportunity for social communication and net-
working with friends, families, and others. They are increasingly important to social and
identity development (Valkenburg & Peter, 2011), as well as social and political participa-
tion, information exchange, education, and literacy (Livingstone, 2003). Although digital
technologies provide a wealth of positive uses and influences, there is also a dark side,
with perpetrators of sexual and domestic violence using the opportunities that such tech-
nologies provide to assert their power and control onto others.
The research to date indicates that there are diverse behaviors involving the use of
technology in domestic and sexual violence contexts, including to set up an abusive
act, to perpetrate the offense, and/or to cause multiple harms to victims. We argue that
it is imperative to understand the changing nature of domestic and sexual violence in
a digital era, where technologies are not merely tools of abuse, coercion, and harass-
ment, but also often integral to the perpetuation of harm, suffering, and stigma to vic-
tims. Although technology itself plays an important role in preventing and responding
to technology-facilitated domestic and sexual violence, it is vital that significant
Henry et al. 1847
resources are invested in primary prevention strategies that work to dismantle the
structures, cultures, and practices of gender inequality that underpin all forms of vio-
lence against women and other minorities.
One key and ongoing challenge for research, law reform, and policy and practice in
the field is that digital technologies are rapidly changing. What was prominent a
decade or more ago, might no longer be relevant today. Earlier studies, for instance, of
online harassment focused on receiving repeated email or instant messenger messages,
and yet, a decade and a half later, attention is shifting to other means, such as the use
of GPS tracking, drone technology, or the use of artificial intelligence to create realis-
tic pornographic videos of unsuspecting victims. Indeed, digital tools allow for new
types of harassment that were either not previously possible or take on a fundamen-
tally different character in an online context. As danah boyd (2010) has outlined, cer-
tain characteristics of networked online spaces change the dynamics of interaction on
these platforms. Moreover, the persistence and searchability of online environments
mean that many forms of technology-facilitated abuse, in text, photographic, or video
form, can remain online indefinitely, accessible, and connected with the victim. This,
in turn, can mean that the harms, in some cases, may reoccur across a lifetime, even
without additional or repeated acts by the original perpetrator of the harassment or
abuse.
It is important that we investigate and understand the causes and consequences of
these behaviors, while also seeking to address and prevent these harms from occurring
in the first place. This involves, fundamentally, an appreciation of the ways in which
our lives are (and have always been) deeply entangled with technology, and are inher-
ently gendered, intersecting with other factors, such as age, race, disability, class, and
sexuality.
Funding
The author(s) received no financial support for the research, authorship, and/or publication of
this article.
ORCID iD
Nicola Henry https://orcid.org/0000-0003-2241-7985
Notes
1. This refers to the tagline of video sharing platform YouTube, which is to “Broadcast
Yourself!”
2. A note on terminology: We use the term “victim” throughout the article, although we rec-
ognize the problems with this term and that “victim-survivor” is preferred for encapsulat-
ing the lived experiences of people and their positionality regarding their experiences.
1848 Violence Against Women 26(15-16)
However, because the article uses a number of cojoined terms (such as “technology-facil-
itated domestic and sexual violence”), we have simplified the language by just using the
former. We also use the terms “violence” and “abuse” interchangeably. Conventional defi-
nitions often treat “violence” as an exclusively physical act, whereas “abuse” is often used
to capture nonphysical acts. The latter term may be a more comfortable label for those
who experience emotional or other nonphysical violations as they may not feel that their
experiences “count” as violence—which may explain underreporting and low help-seeking
behaviors. This is reinforced by criminal justice responses to both domestic and sexual
violence that frequently prioritize physical harms (see Powell & Henry, 2017, for a discus-
sion). Many scholars and organizations use the term “violence” as an umbrella term for a
wide range of physical and nonphysical violations. It is on this basis that we use “violence”
and “abuse” interchangeably to capture a diversity of experiences, and to encourage vic-
tims to choose the language they are most comfortable with.
3. As indicated by Brown and Hegarty (2018), there are a range of similar terms that are
used to describe digital abuse within romantic relationships, such as “electronic dating
violence,” “digital dating abuse,” and “cyber dating abuse.”
4. In this section, we define “domestic violence” to include sexual, physical, psychological,
and/or financial abuse within a range of personal relationships. Domestic violence may be
perpetrated by intimate partners, friends, housemates, carers, parents, guardians, children,
and other family members. However, we focus on both intimate partner and dating abuse,
while recognizing the importance of further attention on other forms of domestic violence,
as well as other nonrelational forms of technology-facilitated abuse (e.g., by strangers).
5. This is consistent with other research on cyberbullying. For instance, studies show that
cyberbullying victims are also more likely to be victims of offline bullying, such as abuse
in the school yard (e.g., Hinduja & Patchin, 2008).
6. The prevalence of stalking more generally has been captured in national surveys. In the
United States, nearly one in six women and one in 17 men have experienced stalking
victimization in their lifetime (Smith, Zhang, Basile, Merrick, Wang, Kresnow, & Chen,
2018). Female victims were stalked most commonly by a current or former intimate part-
ner, whereas men were primarily stalked by an intimate partner or acquaintance. The most
common forms for all victims were repeatedly receiving unwanted telephone calls, voice,
or text messages (Smith et al., 2018). According to the Australian Bureau of Statistics
(2017), one in five Australian women, and one in 13 men have experienced stalking in
their lifetime. For female victims, the stalker was usually a known male, whereas for male
victims, the stalker was equally likely to be female as male.
7. Here, we use the broad term “sexual violence” to include physical acts such as rape and
sexual assault, as well as noncontact offenses such as sexual harassment and coercion
(Powell & Henry, 2017).
8. There has also been limited investigation into bystanders and image-based sexual abuse
(IBSA)—whether people had seen or received nonconsensual nude or sexual images (e.g.,
Gordon-Messer, Bauermeister, Grodzinski, & Zimmerman, 2013). In a 2017 Australian
national survey (OeSC, 2017), almost one fifth of respondents (n = 4,122) had been
bystanders to IBSA because they received a nude or sexual image from someone else
who knew that the person depicted in the image had not consented to it, or were not sure
whether he or she had consented to it.
9. A number of studies have also examined online sexual harassment against children and
adolescents (e.g., Mitchell, Wolak, & Finkelhor, 2008).
Henry et al. 1849
10. The authors defined online sexual-, gender-, and sexuality-based harassment as including
any of the following behaviors: unwanted sexually explicit images, comments, emails,
or text messages; repeated and/or unwanted sexual requests online or via email or text;
gender-based offensive and/or degrading messages, comments, or other content; publicly
posted online offensive sexual comments; sexuality- or sexual identity–based offensive or
degrading messages, comments, or other content; threats of sexual assault via comments,
emails, or text (Powell & Henry, 2017).
11. For instance, a national survey of more than 10,000 Australians found women more likely
than men to experience sexual harassment. The rates were even higher among those who
identified as nonbinary or a gender other than male or female, lesbian, gay, or bisex-
ual (LGB); having a disability; as well as young people aged between 18 and 29 years
(Australian Human Rights Commission, 2018).
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Author Biographies
Nicola Henry is an associate professor and Vice-Chancellor’s Principal Research Fellow in the
Social and Global Studies Centre at RMIT University. Her research investigates the prevalence,
nature, and impacts of sexual violence and harassment, with a focus on technology-faciliated
abuse and legal and nonlegal responses to these behaviors.
Asher Flynn is an associate professor of Criminology and a Director of the Social and Political
Sciences Graduate Research Program at Monash University. Asher’s research is particularly
interested in how people access justice in a world increasingly dominated by social media, arti-
ficial intelligence, and digital technology, with a specific focus on gendered violence and
AI-facilitated abuse.
Anastasia Powell is an associate professor of Criminology and Justice Studies, and Program
Manager of the Graduate Certificate in Domestic and Family Violence, at RMIT University.
Anastasia’s research examines the intersections of technology, gender, violence, justice and
digital culture.