Texting a quick photo to a friend, family member, or romantic partner is something we do almost without thinking. We want to share a photo of an awesome meal, something funny, or just a selfie to say hello!
Sometimes that image can be revealing and sexual in nature. We may feel empowered, attractive or want intimacy, and feel that sending a sexual photo is the best way to communicate that.
It is important to understand consent before sending or receiving sexual images. A person sending a sexual photo intends the image for the receiver's eyes only. Any image shared requires the consent of the person in the photo, sharing without consent is illegal. We can also receive uninvited photos, which can make the recipient feel uncomfortable, even harassed (also known as cyberflashing.) Always ask for consent before sending a sexual photo.
The unfortunate reality is that any photo can be shared via text or social media without the person in the photo's knowledge and consent. Not only is sharing images beyond a person's consent damaging, images can also be used to pressure a person into sending more sexual photos or used to threaten a person into engaging in other sexual activity. This is a form of sexual violence (also known as sexual exploitation or "sextortion").
It can be hard to tell at first if a person requesting photos has any illegal intent. The person may be someone we know, or a new connection online. We may feel flattered by the attention of someone appearing to want intimacy. This flattery can soon change into fear and anxiety when the scare tactics and the aggressive nature of the offender is effective in obtaining photographs. It is a common tactic for an offender to encourage their victims to create new online accounts to chat, and then use that to blame them into believing they were a willing participant in the abuse, this makes sure the offender can continue their abuse. Believing the abuse is your fault can stop a victim from coming forward to adults or other authorities. Know that you can always ask for help and file a report if you are experiencing this type of violence. Visit cybertip!ca and Need Help Now .ca for support
Everyone responds differently to sexual exploitation, ranging from expressing little or no concern to isolating and withdrawing or, in other cases, engaging in self-harming behaviours or suicide. It is important to be supportive and encourage victims to seek help. There are places to go for help. [https://www.cybersafecarepei.ca/help]
Intimate images and the law
Sending intimate images between adults over the age of 18 is legal when each person voluntarily agrees to participate, and where no intimate image is shared without the permission of the person who is in the photo or in the video.
In Canada, it is against the law to:
- Show an image of someone privately doing a sexual act, who is naked, or who is exposing an intimate part of their body without the permission of the person who is in that image.
- Threaten to share or show intimate images to others as a way of forcing the person in the image into doing something or not doing something. This is known as extortion.
- Secretly take someone's photo, to video them, or to spy on them when they are exposing an intimate body part, they are naked, or are engaged in a sexual act. This is known as voyeurism.
Also, it is considered identity fraud if someone pretending to be you creates fake accounts using your private photos. If you or your child find a fake account using your youth's photos, report it.
Visit a local resource from the RISE Program for support with What to do if someone shares your intimate images
Intimate images and youth under 18
When sexting and the sharing of intimate images is between youth under the age of 18, it is more complicated.
A photo or video of someone under the age of 18 in which that youth is naked, semi-naked, or engaged in a sexual act is considered child pornography. It is against the law to posses, view, make, post, share, distribute, or send these photos or videos.
That means it is illegal to:
- Take a photo or video of someone else under 18, showing sexual parts of their body intending to be sexually exciting, without their consent.
- Share a photo or video of someone under 18, in which they show sexual parts of their body.
Visit a local resource from the RISE Program Sexting and the Law to learn more.
Talking with your Kids
Creating a safe space where youth can talk about these issues is important. Listen without judgment, and let your kids know that they can come to you, share their concerns and ask questions. There are several resources available to help caregivers and educators begin the dialogue with youth on these issues and, as a result, help empower youth with the tools to ensure they use critical thinking before sending or sharing a sensitive image with others.