Cyberflashing can be frightening and humiliating for women – so why isn’t it a crime?

In the wake of Sarah Everard’s murder, it’s time the government put an end to unsolicited sharing of explicit photos

Since Sarah Everard’s murder and the outcry over women’s lack of safety on the streets, everyone is asking what can be done about it. There is a need for a comprehensive package of reforms covering all forms of public sexual harassment and this must include measures to make cyberflashing – where a man sends a penis image to someone without their consent – a criminal offence.

Also known as sending unsolicited “dick pics”, cyberflashing is an alarmingly common practice that has been increasing during the Covid pandemic, with young and black or ethnic minority women particularly affected. 

It takes place on dating apps, in everyday social media and online interactions. It also happens in many public places and on public transport. Many women talk about having penis images sent to them, often via Bluetooth or AirDrop, while waiting in line for a coffee, in the supermarket queue or just travelling home on public transport.

Many experience real fear and alarm wondering: what might happen next? What is he going to do? Is he following me? Others are outraged, or feel violated and humiliated, their sexual autonomy and rights infringed by this unwanted sexual intrusion.

Some women try to report cyberflashing and the British Transport Police will record incidents. But surprisingly there is no clear law against cyberflashing. At the moment, there’s little the police can do.

Why? Because the laws on physical “flashing” do not apply; and prosecutions under offences such as harassment have many hurdles, with prosecutions unlikely. Ultimately, the law is failing to keep pace with evolving technology and is letting victims down.

Some countries, Scotland and Ireland included, already have sexual offences which are sufficiently broad to capture new forms of sexual violence such as cyberflashing. Other places, such as Singapore and several US states, have recently introduced criminal laws targeting cyberflashing.

So, the time is ripe for reform and the government has highlighted cyberflashing as a potential area for change. A new criminal law can send a clear message that cyberflashing is wrong – letting victims know that their voices are being heard and experiences recognised – and that there are effective means of redress. It will also make prosecutions more straightforward. 

But it is vital we get the law right and get it right the first time. Any new law must frame cyberflashing as a sexual offence, recognising its nature and harms, granting victims anonymity and protections in court, and permitting suitable sentencing options.

Read more:

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It must also be comprehensive, not limited to only some motivations of perpetrators. We know that men send penis images without consent for a whole variety of reasons, including enhancing their status among their friends, for a laugh, for sexual gratification, as well as to cause fear, distress and humiliation. But all of these types of cyberflashing should be outlawed, not only where there is proof of them wanting to cause distress.

Most importantly, any new law must include images of all penises. Current proposals from the Law Commission would only cover an image of the perpetrator’s own penis. Can you imagine trying to prove this to the police and in court? Such a requirement would make the law practically unenforceable and worthless. 

A new criminal law is of course only ever the first step towards change and must be accompanied by effective awareness-raising campaigns and education initiatives.

Further, organisations supporting victims – including specialist organisations working with black and ethnic minority women whom we know experience higher levels of abuse – must be granted sustainable and sufficient resources to do their job.

Let’s harness this moment to change our laws for the better, to provide more options for women seeking redress for sexual intrusions and harassment, and to draw a line in the sand that #EnoughIsEnough.

Clare McGlynn is a professor of law at Durham University and Kelly Johnson is an assistant professor of sociology at Durham University. They are co-authors of the newly published report, Cyberflashing: recognising harms, reforming laws.