Sexting and the law in Canada
Open accessAbstract
The author discusses the current state of Canadian legal approaches to sexting, and the conceptual difficulties that continue to trouble the search for appropriate legal responses to malicious forms of sexting. By examining the underlying justifications for existing and proposed criminal offences – child pornography and non-consensual distribution of intimate images – as well as the wrongs that undergird private law causes of action like “publication of private facts” and “intentional infliction of emotional distress,” the author aims to clarify what sorts of acts of sexting are or should be considered wrongful in a legal sense. Clarifying the wrongs at issue also serves to clarify the rights of victims at issue when sexting is used to inflict harm on another person: namely, that we all have a right to both protection from sexual victimization and from undue interference with sexual expression.
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Researchers have pushed to separate definitions of sexting according to degrees of consent.
“More recently, researchers have pushed to separate definitions of sexting according to degrees of consent (Slane, 2010; Slane, 2013; Krieger, 2017).”
From Young people's experiences of image-based sexual harassment and abuse in England and Canada: Toward a feminist framing of technologically facilitated sexual violence (2022) · cites this paper as Slane, 2013
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Walker, K., & Sleath, E. (2017) · Aggression and Violent Behavior · doi:10.1016/j.avb.2017.06.010 · Cited by 227 · see citing works
Ringrose, J., Milne, B., Mishna, F., Regehr, K., & Slane, A. (2022) · Women's Studies International Forum · doi:10.1016/j.wsif.2022.102615 · Cited by 67 · see citing works
Self-citation
- Authors
- Slane, A.
- Affiliations
- Ontario Tech University (CA)
- Corresponding author
- Slane, Andrea
- ORCID
- Slane, Andrea
- Venue
- The Canadian Journal of Human Sexuality
- Published
- 2013-12
- Volume
- 22
- Issue
- 3
- Pages
- 117-122
- ISSN
- 1188-4517 (ISSN-L)
- 2291-7063
- OpenAlex
- W2093161038
- Cited by
- 26
- References
- 0
- Citations by year
- 2026: 1 · 2025: 1 · 2024: 2 · 2023: 2 · 2022: 1 · 2021: 4 · 2020: 4 · 2019: 1 · 2018: 3 · 2017: 3 · 2015: 4
- FWCI
- 4.13
- Type
- journal article
- Language
- en
- Open access
- green
- papers.ssrn.com
- Locations
- The Canadian Journal of Human Sexuality (publishedVersion)
- SSRN Electronic Journal (submittedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Stalking, Cyberstalking, and Harassment
- Social Sciences › Law › Freedom of Expression and Defamation
- Social Sciences › Sociology and Political Science › Law, Rights, and Freedoms
- Keywords
- sexting, Canadian law, child pornography, intentional infliction of emotional distress, crime, private law remedies, victims' rights, sexual victimization, sexual expression, wrongfulness
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