Image Based Sexual Abuse

Full Definition: Image-based sexual abuse (IBSA) encompasses a range of harmful activities that weaponize sexually explicit or sexualized materials against the persons they depict. IBSA includes the creation, theft, extortion, threatened or actual distribution, or any use of sexually explicit or sexualized materials without the meaningful consent of the person or persons depicted and/or for purposes of sexual exploitation.

Importantly, sexually explicit and sexualized material depicting children ages 0-17 constitutes a distinct class of material, not to be confused as IBSA, known as child sexual abuse materials (CSAM) (i.e., “child pornography”) which is illegal under US federal statute.  [CSAM is sexually explicit conduct or lascivious exhibition of the genitals or pubic area of a person under the age of 18. Nudity is not a required element of the offense under federal law, 18 USC 2256. ]

Note: NCOSE does not use the term “revenge porn” because it implies that the victim has done something to cause justifiable retaliation by sharing their images without consent. Also, many perpetrators share such materials for motives outside of “revenge” in a romantic relationship, for example coercive control, personal gratification, advertising someone for commercial sex, etc. Instead, we use variations of the more accurate phrase “Non-consensual Distribution of Sexually Explicit Material (NCDSEM) .”

Sexting—the creating, sending, receiving, or forwarding of sexually suggestive or explicit materials (texts, photos, videos),—can, at times, be a form of image-based sexual abuse (IBSA.) For example, IBSA occurs when sexting is induced under coercion, threats, or relational pressure. Unfortunately, many instances of sexting involve some form of pressure or coercion. Researchers from Northwestern University analyzed 462 accounts from teenage girls who described being pressured from boys to send explicit images and refusal was often met with repeated requests, harassment, or threats.

Sexting, when involving minors, is legally classified as child sexual abuse material (i.e., child pornography) which is a serious U.S. federal crime. It is illegal to produce, possess, or distribute any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age.) Learn more about this crime on the U.S. Department of Justice’s website here.

Sexting can also leave an individual vulnerable to IBSA if the recipient non-consensually shares the content. It should be noted that even in cases of self-generated explicit materials, it is never the victim’s fault when their trust is broken and they are abused.

For more information on sexting and its risks to youth, visit here.

The law varies from country to country, particularly depending on specific manifestations of IBSA. For example, some may ban non-consensually sharing of sexually explicit images but fail to have laws addressing “upskirting” or unsolicited explicit imagery, etc.

In the United States, 48 states, Washington D.C. and two territories have laws prohibiting the distribution or production of nonconsensually recorded/shared sexually explicit materials. However, there is no U.S. federal law regarding IBSA.

In England and Wales, non-consensual explicit image sharing became illegal in April 2015 and carries a maximum jail time of two years. Other countries have strict privacy laws which may be able to be interpreted in a manner to help IBSA victims. The Center for Internet and Society has coalesced a list of some relevant laws by country, last updated in 2018.

Solutions must include stronger legislation, avenues for victims to sue in civil litigation, online platform responsibility to remove non-consensual explicit imagery swiftly, survivor-centered removal forms, hashing for IBSA and child sexual abuse materials, and more.