Cyberflashing is a sexual intrusion that infringes sexual autonomy and can induce significant harms. For these reasons, we have argued that there is a role for the criminal law in targeting cyberflashing so that victim-survivors’ voices are heard, their experiences recognised and there are effective means to prosecute offenders and seek redress. In addition, the criminal law can provide a valuable normative foundation for prevention and education initiatives.

Accordingly, this chapter recommends a bespoke offence specifically criminalising cyberflashing and we set out the key criteria to be considered in any such reform. As well as this specific crime, we raise the possibility of a broader sexual offence that would encompass cyberflashing, as well as a wider range of abusive and intrusive practices. We suggest that the potential of such a reform needs to be considered in the context of a much-needed review of the scope and reach of sexual offence laws more generally, taking into account the changing nature of perpetration, particularly advancing technology and online abuse.

Targeting cyberflashing: Crafting a bespoke offence

The major benefit in an offence directly targeting cyberflashing is that its expressive function will be to the fore. The expressive function plays two particular roles, the first being prevention. It makes it known that these behaviours are now considered wrong, potentially harmful and consequently are being made subject to society's most coercive state power, the criminal law. Together with campaigns and other public awareness-raising measures, this may begin to shift norms and aid prevention initiatives. In short, it may become less acceptable to send unsolicited penis images. Second, naming this harm and taking steps to prevent and punish it, gives victim-survivors a sense of hermeneutical justice: they are now better understood, their experiences now recognised; they are not alone.

As well as these expressive functions, a bespoke new law also offers more options for redress. Being clear about what behaviour is now being targeted may encourage both reporting and active investigations.