THE NEW SEXUAL OFFENCES IN THE LIGHT OF DIGITALISATION

Abstract

Digitalisation has given rise to many new types of offences against sexual autonomy that previously either did not exist or at least were not so easily and quickly perpetrated. The first of these is the category of deepfakes. The term “deep” refers to the deep learning, AI-based technology; “fake” denotes a manipulation, which, in summary, is the use of algorithms to manipulate images or video footage to make it possible to mount someone’s face in a lifelike form on the footage – typically pornographic footage – that does not initially depict them. In practice, however, deepfakes are used not only in connection with pornographic content but often also to discredit political or business opponents. Revenge porn usually involves publishing pornographic images of the victim by the former partner out of jealousy or revenge for the break-up of a relationship. Such images or videos may be of the (typically nude) victim himself or herself, a sexual act between the perpetrator and the victim, or may be manipulated images rather than real ones, where revenge pornography is combined with deepfakes. Upskirting literally means “photographing under a skirt”, which typically involves taking unauthorised pictures or videos of female victims’ crotches. Of course, cameras existed before the advent of digitalisation, but it is only in the last decade or so that large numbers of people have a smartphone with the ability to take high-quality pictures of virtually every passer-by. Unfortunately, technological progress in this area has had a criminogenic effect, since it is easy to take such pictures or videos of an unsuspecting victim quickly and often unnoticed using a mobile phone. Cyberflashing is the phenomenon of sending a picture or video of the offender’s genitalia to the victim via a digital device without prior consent or agreement.