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On revenge pornography – How legislators and the public contribute to victims’ harm

ABSTRACT

This article (in Dutch) points at the difficulties regarding the criminalisation of revenge pornography. Particular attention is paid to the contribution of legislators and the general public to the harm victims suffer. The article points out that if the making of private images does not harm one’s moral reputation, a showing of these images – although highly unwanted – cannot harm someone’s moral reputation. The shame that is felt when private images are exposed does not regard the fact that others might now know that private images were made, but the fact that the victim lost control over the publicity of these images. Therefore, the victim should explicitly not be blamed: the act of publication by the perpetrator is what caused the first instance of harm.

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This article was first published in february 2017 in Novum 38/3.

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