Sexting, Consent and Young People: Regulatory Challenges in the Digital Age
Lead Research Organisation:
Queen's University Belfast
Department Name: Sch of Law
Abstract
Context
My PhD is the first study to provide a critical analysis of sexting and cyberbullying among young people (YP) under 18 years in Northern Ireland (NI) which included professional and youth voices. The thesis examined the nature and impact of peer-on-peer cyberbullying and sexting among YP and prompted important questions regarding defining and regulating such behaviours. In particular: when should sexting among YP be categorised as harmful?
Most importantly, the PhD broadens current understanding of sexting among YP and presents a more nuanced approach in terms of appropriately labelling sexual behaviours among YP. The PhD argues that there is a need to move beyond framing all sexting among young people as 'harmful' and draws out the significant challenges for regulatory frameworks, especially the limitations of criminal law and the identification of young people as 'victims' and/or 'offenders.' Consequently, a continuum of sexting behaviour is introduced to provide an effective framework for categorising sexting behaviours. The continuum was based on key primary research findings and a critical overview of the relevant theory (see Beckett 2014; Ashurst and McAlinden 2015), including Hackett's (2010) continuum on sexual behaviours among children and young people.
Scholarship on sexting among young people is extremely scarce and while some UK based research exists which explores the broader complexities of the sexual behaviour (see e.g. Ringrose et al. 2012; McAlinden 2018), to my knowledge, there is no published research to date within NI on consent within the context of sexting specifically.
Aims of Proposed Research
The PDF will therefore provide a valuable opportunity to seek clarity on a significant and crucial dimension to sexting behaviour among YP: issues of consent. The PDF will allow me to undertake 2 new focus groups with YP aged 13-17 years and 5 follow-up interviews with professionals across the public and private sector exploring specifically issues of consent within the context of sexting. The age range of the YP is significant, especially regarding the varying legal age limits: the age of sexual consent at 16 years, the age a person can legally send a naked image (sexting) at 18 years and the discretion police possess when dealing with sexual offence cases involving 13-15 year olds. The 25% additional research will be used to write a chapter in the monograph based on my PhD research (due for completion in May 2021). In addition, the data obtained from the PDF will inform a 'good practice' report identifying key regulatory recommendations and an updated continuum of sexting (as originally set out in the PhD).
Objectives
(a) To gather additional empirical data specifically on young people's understanding of consent. This will help identify how broader issues of consent can impact on how YP define and understand 'explorative' and 'exploitative' sexual behaviour, especially within the context of sexting. (b) To use the PDF findings to inform a 'good practice' report which will include an updated continuum of sexual behaviour and key regulatory recommendations. My working assumption is that this 'good practice' report will inform and shape campaigns to incorporate 'consent' as a key feature within regulatory and legislative frameworks on sexting behaviour. (c) As well as the 'good practice' report I will use the interview findings to: (i) write a chapter for a monograph based on my PhD (the chapter will provide a more conceptual understanding on issues of consent and strengthen the overall monograph); and (ii) write an article on a key theme emerging from the PDF targeted at a leading peer-reviewed journal (e.g. British Journal of Criminology). (d) To promote PDF findings at a national and international conference and develop international networks for future collaborative projects. (e) To disseminate the PDF findings (including the 'good practice report') at an end of PDF conference at QUB.
My PhD is the first study to provide a critical analysis of sexting and cyberbullying among young people (YP) under 18 years in Northern Ireland (NI) which included professional and youth voices. The thesis examined the nature and impact of peer-on-peer cyberbullying and sexting among YP and prompted important questions regarding defining and regulating such behaviours. In particular: when should sexting among YP be categorised as harmful?
Most importantly, the PhD broadens current understanding of sexting among YP and presents a more nuanced approach in terms of appropriately labelling sexual behaviours among YP. The PhD argues that there is a need to move beyond framing all sexting among young people as 'harmful' and draws out the significant challenges for regulatory frameworks, especially the limitations of criminal law and the identification of young people as 'victims' and/or 'offenders.' Consequently, a continuum of sexting behaviour is introduced to provide an effective framework for categorising sexting behaviours. The continuum was based on key primary research findings and a critical overview of the relevant theory (see Beckett 2014; Ashurst and McAlinden 2015), including Hackett's (2010) continuum on sexual behaviours among children and young people.
Scholarship on sexting among young people is extremely scarce and while some UK based research exists which explores the broader complexities of the sexual behaviour (see e.g. Ringrose et al. 2012; McAlinden 2018), to my knowledge, there is no published research to date within NI on consent within the context of sexting specifically.
Aims of Proposed Research
The PDF will therefore provide a valuable opportunity to seek clarity on a significant and crucial dimension to sexting behaviour among YP: issues of consent. The PDF will allow me to undertake 2 new focus groups with YP aged 13-17 years and 5 follow-up interviews with professionals across the public and private sector exploring specifically issues of consent within the context of sexting. The age range of the YP is significant, especially regarding the varying legal age limits: the age of sexual consent at 16 years, the age a person can legally send a naked image (sexting) at 18 years and the discretion police possess when dealing with sexual offence cases involving 13-15 year olds. The 25% additional research will be used to write a chapter in the monograph based on my PhD research (due for completion in May 2021). In addition, the data obtained from the PDF will inform a 'good practice' report identifying key regulatory recommendations and an updated continuum of sexting (as originally set out in the PhD).
Objectives
(a) To gather additional empirical data specifically on young people's understanding of consent. This will help identify how broader issues of consent can impact on how YP define and understand 'explorative' and 'exploitative' sexual behaviour, especially within the context of sexting. (b) To use the PDF findings to inform a 'good practice' report which will include an updated continuum of sexual behaviour and key regulatory recommendations. My working assumption is that this 'good practice' report will inform and shape campaigns to incorporate 'consent' as a key feature within regulatory and legislative frameworks on sexting behaviour. (c) As well as the 'good practice' report I will use the interview findings to: (i) write a chapter for a monograph based on my PhD (the chapter will provide a more conceptual understanding on issues of consent and strengthen the overall monograph); and (ii) write an article on a key theme emerging from the PDF targeted at a leading peer-reviewed journal (e.g. British Journal of Criminology). (d) To promote PDF findings at a national and international conference and develop international networks for future collaborative projects. (e) To disseminate the PDF findings (including the 'good practice report') at an end of PDF conference at QUB.
People |
ORCID iD |
| Elizabeth Agnew (Principal Investigator / Fellow) |
Publications
Agnew E
(2021)
Sexting among Young People: Towards a Gender Sensitive Approach
in The International Journal of Children's Rights
Agnew, E.
(2021)
Sexual Violence on Trial: Local and Comparative Perspectives
Agnew, E.
(2021)
Sexting, Consent and Young People: Regulatory Challenges
Dowds E
(2022)
Rape - Challenging Contemporary Thinking - 10 Years On
| Description | Professional interview analysis suggests a number of key areas of concern: (1) the normalisation of sexting behaviours among young people with some manifestations of the sexual behaviour raising concerns for professionals working in child protection and welfare; (2) the normative dimensions of the sexual behaviour are (i) influencing how young people identify/recognise certain types of pressure, coerce and/or manipulation and (ii) subsequently how they engage with the sexual behaviour; (3) it was clear that there were blurred boundaries between 'consensual' sexting behaviours/practices and more 'problematic' and potentially 'coercive' sexting behaviours; (4) negotiating 'free and informed' consent both on and off-line presented a range of difficulties for young people and a significant concern was the lack of understanding surrounding 'withdrawing consent' and the fact that consent is an 'ongoing' process; (5) the powerful influence of family life on a young person's understanding of what is a 'healthy' relationship. This includes healthy friendships, sibling relationships, peer relationships and intimate relationships; and (6) the significant limitations of criminal law in addressing the wide range of sexting behaviours young people are presenting with. Questionnaires were completed by 61 young people aged between 14-18 years. A number of key areas of concern were noted (1) young people do not use the term 'sexting' and either use much more explicit terms or more general terms (feeding into the normative dimension attached to the behaviour); (2) young people engage in sexting for a variety of reasons including due to peer pressure, they feel they have to and/or they see the practice as a form of sexual expression; (3) young people are more likely to confide in a friend if they are being pressurised into sending nude images; (4) young people strongly desire a more comprehensive and sex positive RSE programme - a programme which explores the complexity and diversity of relationships including issues of consent, contraception and LGBT+ relationships. Moving forward it is clear that a number of regulatory changes must be made: (1) the legal framework used to regulate peer-based sexting needs reformed as it currently is 'not fit for purpose' and fails to recognise the range of motivations associated with sexting behaviours among young people; (2) there is a clear disparity in how different sectors/departments/organisations conceptualise and respond to sexting behaviours among young people - this leads to a lack of consistency in approach. We need more concise regulatory guidance for professionals who work with children and young people in any capacity including professional/practitioners within criminal justice, youth justice, safeguarding, education, health and key children's charities; (3) a dedicated awareness campaign on 'withdrawing consent'; and (4) comprehensive and sex positive RSE programmes for young people as well as education programmes which include parents/carers. PDF findings will inform good practice and an updated continuum of sexual behaviour among young people which will be included in my monograph - proposal accepted by Hart Publishing and due to be published 2023. |
| Exploitation Route | Currently, the findings could be used by key departments within the Education Authority to inform a comprehensive education programme for all schools and subsequently place RSE on a statutory footing. Criminal/Youth Justice could also use findings to influence change in policy and reforming the law in this area. Academic - my monograph which is due to be published in 2023 will inform existing debates in the area. I have two co-authored chapters accepted but not yet published (both due to be published this year - 2022) in edited books which reflect on my PDF findings and will also inform existing debates in the area of HSB. |
| Sectors | Digital/Communication/Information Technologies (including Software),Education,Government, Democracy and Justice |
| Description | Local impact - A local school that I liaised with is now reviewing their sex education programme based on my early findings. Early data analysis demonstrates a desire from young people to receive a more diverse sex education. An education programme that is reflective of real life relationships and provides a learning beyond the biological and physical changes but also considers issues such as consent and LGBT+ relationships. |
| First Year Of Impact | 2022 |
| Sector | Education |
| Impact Types | Societal |
| Description | Conference Presentation - Law and Society Association 2022 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | Attended the LSA Conference in July 2022 - participants include academics and other professionals from over 60 countries and across 6 continents. I presented on my research during one of the parallel sessions. |
| Year(s) Of Engagement Activity | 2022 |
| Description | Keynote Speaker - Nexus NI Conference |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | Keynote speaker at Nexus NI annual conference. Presented on my research findings. In attendance were practitioners, policymakers/politicians and third sector organisations. Very thoughtful and insightful conversations on the importance of comprehensive sexuality education. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.communityni.org/event/nexus-2023-conference-breaking-cycle-sexual-trauma |
| Description | Practitioner Workshop |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | 38 professionals and practitioners attended a workshop intended to launch some PDF findings and encourage discussion concerning regulatory challenges and moving forward. Attendees included professionals/practitioners from within criminal justice, education, safeguarding, health and key children's charities. A number of professionals made contact after the workshop to ask further questions and requesting more information. |
| Year(s) Of Engagement Activity | 2021 |