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Sexual Violence: A Feminist Criminological Analysis
Sexual Violence: A Feminist Criminological Analysis
Introduction
Sexual violence in the digital age is not something fundamentally new.
Rather than representing a break with the practices of the past, we argue
that technology-facilitated sexual violence is better understood simulta-
neously as a continuation, an elaboration and an immersion of diverse
forms of sexual violence in women’s everyday lives. Technology-facilitated
sexual violences present in both familiar and unfamiliar ways and may
differ in form, such as the nature and extent to which harms are embod-
ied and disembodied (see Chap. 3) while serving the same function: both
an expression and re-institution of gendered power relations and women’s
differential positioning as ‘sexed’ subjects. As such, the starting point for
our discussion of technology-facilitated sexual violence cannot lie with
the changes and role of the technologies involved in these harms. It must
instead begin with an understanding of the power relations of sex and gen-
der that underlie sexual violence more generally and with an analysis of
the ways in which sex, gender and power both shape and are shaped by
technologies.
Women have accumulated at least some skills in figuring out when face-to-
face sexual innuendo or threats are serious, joking, or pathological. True,
we are sometimes tragically wrong. But for the most part, we can tell
whether Jeff from accounting needs a restraining order or just a stern ‘no.’
An anonymous sexual threat on a blog could come from anywhere, and it’s
virtually impossible to determine whether or not the poster is serious.
algorithms and software design (Chan & Moses, 2016; Wajcman, 2014).
In other words, as technologies become further embedded and integrated
into daily life, there is arguably a greater need to pause and consider the
impact of human agency and social relations on the development, imple-
mentation and use of technologies, and vice versa.
Feminist-informed studies of technology and society (STS) have long
sought to understand the relationship between technology and gender
relations. Since the 1980s, these scholars have examined the gendered
nature of technology as both a physical artefact and a social process, vari-
ously focusing on equity of access and the ‘gender gap’ in technology, or
the emancipatory potentials of technology (Bimber, 2000; Cockburn,
1985, 1992; Harding, 1986; Plant, 1997; Spender, 1995; Turkle, 1995;
Wajcman, 1991, 2004; Youngs, 2005). Sherry Turkle (1995, p.12) pre-
sented an optimistic view that the ‘Age of the Internet’ would open up
possibilities for reflecting on the social construction of gender, allow-
ing people ‘to express multiple and often unexplored aspects of the self,
to play with their identity and to try out new ones’. Likewise, Donna
Haraway (1987, p.65) famously described the positive potential of tech-
nologies to fundamentally change experiences and expressions of self and
gender, suggesting that the concept of a ‘cyborg’—a human/machine
hybrid—enables us to ‘imagine a world without gender’. Such theori-
sations represent an extension of postmodern approaches to gender, in
which gendered selves are not merely ‘performed’ (Butler, 1990), or made
in the ‘doing’ of gender (West & Zimmerman, 1987), but in which bod-
ies and the gendered meanings inscribed upon them may be dispensed
with completely (see Chap. 3).
Yet feminism has also ‘long been conflicted … about the impact of
technology on women, torn between utopian and dystopian visions of
what the future may hold’ (Wajcman, 2004, p.8). Some feminist schol-
ars have argued that technology itself is inherently ‘masculine’ or ‘gen-
dered’. For instance, Wendy Faulkner (2001) argued that there are at
least seven ways in which technology is gendered: (1) designers of tech-
nology are predominantly men, (2) the workplace reflects and reinforces
the interconnection between masculinity and technical skill, (3) techno-
logical artefacts are often materially and symbolically ‘male’ or female’,
(4) popular and cultural images of technology are strongly associated
2 Sexual Violence: A Feminist Criminological Analysis
35
without wives to cook for them at home and did not themselves possess
the natural inclination or time to spend in the kitchen. It did not initially
occur to the engineers and marketers that women might be a primary
market for the device that could also be time-saving in family kitchens.
Yet it was women, and not men, who took to the microwave more readily,
resulting in its reframing by marketers as a ‘white good’ with an associ-
ated cookbook directed at women users to supplement the more techni-
cal detail in the manual (Cockburn, 1997; Cockburn & Ormrod, 1993).
A related analysis can be found in Michèle Martin’s (1991) account
of the history and changes in use of the telephone. In ‘Hello, Central?’
Gender, Technology and Culture in the Formation of Telephone Systems,
Martin described the intended purposes of this new communications tool
according to the telephone companies (see also Wajcman, 2010). In the
late nineteenth and early twentieth centuries, she writes, the telephone
was considered a ‘high speed tool of civilisation’ that would improve effi-
ciency in the (male) public sphere of business and economy. By contrast,
women users brought a new and unexpected purpose to the attention of
companies through their uptake of the telephone as a tool for sociability,
which in turn played a significant role in the shaping of modern cultural
communications practices (Martin, 1991). The mutual shaping approach
underlying technofeminist analyses is thus suggestive of not only the per-
sistence of male power, privilege and interests in the ‘entire life trajectory
of an [technological] artefact’ but, crucially, a recognition that the gen-
dering of technologies can also be ‘reconfigured at the multiple points of
consumption and use’ (Wajcman, 2010, p.149). Yet, as many feminist
scholars have observed, women’s influence and agency in directing the
development or uptake of technologies are often downplayed in male-
dominated fields of technology and its study in society.
Further underlying the theoretical project of technofeminism is the
core concept of ‘technosociality’. Technosociality refers to the integra-
tion of technology, social practice and place resulting in technologically
mediated social orders (Ito & Okabe, 2005). It is a concept, developed in
social and cultural studies of technology, that views the technical and the
social as ‘inseparable outcomes of ongoing and historically contextual-
ized practice’ (Ito & Okabe, 2005, pp.259–60). Thus technologies are
not understood as neutral (a mere addition to a pre-given social system),
2 Sexual Violence: A Feminist Criminological Analysis
37
much of the theoretical work in the cybercrime field to date has explored
the suitability of conventional criminological theories to the ‘new’ con-
text of cyberspace. In practice, this theoretical exploration has, however,
been itself somewhat limited to a handful of influential theories by the
‘fathers’ of modern criminology, such as routine activity theory (Cohen
& Felson, 1979), differential association (Sutherland & Cressey, 1984),
and techniques of neutralisation (Sykes & Matza, 1957), in which gen-
der as an explanatory factor is near-absent. There are several side effects,
we suggest, of these conceptual framings, including an overemphasis on
technology as ‘neutral’—a mere tool in the hand of the cybercriminal;
a preoccupation with the ways these tools enable an extension of reach
for cybercriminals, comparable to ‘physical’ crimes (e.g. representing ‘old
wine in new bottles’, Grabosky 2001); an associated technological deter-
minism, focusing foremost on the effects of technology in creating oppor-
tunities for crime, as opposed to analyses of socio-cultural and structural
factors; and a gender blindness which precludes utility for a feminist
analysis of crimes that are inherently gendered.
Interestingly, feminist criminologies too have been somewhat limited
in their engagement with questions of technology and sexual violence,
or indeed gendered violence more broadly. This is in stark contrast to
the rich literature developed in disciplines from feminist media studies
to cultural and Internet studies and politics (particularly in relation
to activism and social movements). These scholars have been examin-
ing both the limiting and enabling influences of communications and
content- generation technologies. Again there are some exceptions,
including notably the broad body of work on cyberstalking, cybersexual
harassment and cyber-aggression (Barak, 2005; Citron, 2014; Finn &
Banach, 2000; Halder & Jaishankar, 2011; Halder & Karuppannan,
2009; Miceli, Santana, & Fisher, 2001; Reyns et al., 2013), as well as a
handful of criminological studies of gender, violence and social media
(Dragiewicz & Burgess, 2016; Larkin, 2015; Larkin & Dwyer, 2015;
Milivojevic & McGovern, 2014; Powell, 2015a, 2015b). The restricted
scope of both cyber and feminist criminologies to date may itself be
reflective of a broader issue of academic ‘siloing’ within criminology
(Garland, 2011). Nonetheless, in drawing on our preceding discus-
sion of both feminist and technofeminist analyses of gender, power
2 Sexual Violence: A Feminist Criminological Analysis
39
crowded train sent the image? What is their intention? A ‘joke’? To harass
and intimidate? Or will their actions escalate to a physical act? To para-
phrase Stanko’s (1985) analysis from earlier in this chapter, women in
receipt of such harassment remain ‘on guard’, wary of the ‘right’ response
required to contain the behaviour and unsure whether the harassment
will escalate. Physically exposing one’s genitals in public is in most places
a criminal offence, yet ‘cyber-flashing’ occupies a grey legal space (see
Chap. 7). And of course, while women can protect themselves to some
extent by ensuring they close off their Bluetooth or Airdrop as much as
possible when moving through public spaces, the unsolicited sending of
‘dick pics’ remains a feature of sexual harassment in a range of other com-
munication contexts in which the only sure ‘self-protection’ would be
non-participation in these spaces (see Chap. 6).
Though cyber-flashing involves the re-purposing of image and file-
sharing technologies that were not originally designed with gender
harassment in mind, the development of other technologies is far from
gender-neutral. In some instances, the reproduction of gender relations
supportive of violence against women is particularly overt. Consider the
proliferation of ‘stalking apps’. While ‘SpyWare’ is available for a whole
range of illicit purposes, some apps are specifically marketed to men for
the purpose of ‘monitoring’ (in other words cyberstalking) their wives, girl-
friends and exes. Similarly, ‘spy cams’ and camera apps designed to maximise
the voyeuristic taking of ‘upskirt’ and ‘downblouse’ images are marketed in
both ostensibly neutral yet implicitly gendered ways. For instance, much
controversy surrounded the marketing of the Peek-I Spy Cam, which read:
Want a picture of your secret crush? You can make that happen and your
crush won’t even think you are stalking him or her, because you will be
looking in a different direction. (Cited in Starr, 2014)
We developed this product so that women and girls could have more power
to control the outcome of a sexual assault. We wanted to offer some peace
of mind in situations that cause feelings of apprehension, such as going out
on a blind date, taking an evening run, ‘clubbing’, travelling in unfamiliar
countries, and any other activity that might make one anxious about the
possibility of an assault. (Berry, 2013)
Conclusion
These examples, and many others, demonstrate the mutual shaping of
gender relations and technologies. Furthermore, the examples discussed
here serve to illustrate the importance of a technofeminist analysis that
is concerned with the shaping of gender relations, and inequalities in
particular, through technosocial cultures and practices. This is not to
suggest that gender relations and technology are embedded solely in
ways that are oppressive for women or that reproduce gender inequality
nor to deny that technologies are simultaneously implicated in diverse
strategies of activism and resistance. Indeed, a remarkable feature of
feminist activism in a digital age is the extent to which women’s partici-
pation and resistance to sexual violence has reached a broader audience
in new ways. Such activism represents a noteworthy set of technoso-
cial practices in its own right and is something we discuss at length
in Chap. 9. Nonetheless, as technofeminist criminologists, our core
concern and the primary focus of this book remains firmly fixed on
understanding the nature, impacts, practices of, and justice responses
to, sexual violence in a digital age.
2 Sexual Violence: A Feminist Criminological Analysis
43
In the next chapter we further explore and apply the conceptual frame-
work presented here, to consider in more depth the nature and impacts
of sexual violence in the digital age. In particular, we elaborate on a key
implication of technofeminist and technosocial analyses: that the harms
of technology-facilitated sexual violence are better understood as embod-
ied experiences rather than through a binary of virtual versus material
harms.
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