Recent high-profile cases of digital sexual assault have highlighted the harm that mobility technology can cause when misused. Unlike face-to-face sexual offences, digital sexual violence exhibits a dynamic nature where a single act of distribution can result in it existing permanently, with the potential for it
to be edited, manipulated, and otherwise used to create further harm. These characteristics engender victims’ hesitancy to report, traumatise them, and induce social isolation. Therefore, considering these distinctive features, the formulation of support policies for victims needs to be determined. The
Constitution recognises the entitlement to state assistance and the right to advance opinions in trial proceedings as fundamental rights of victims, and victims of sexual violence crimes, in particular, are guaranteed various aspects of support and protection in comparison to victims of other crimes due to the distinct nature of offence and harm. Critical among these supports are the victim’s right to a government-appointed lawyer and support for removing non-consensually distributed images and videos, crucial institutions that mitigate and facilitate recovery from harm. However, the scope of assistance, encompassing the right to advance opinions, granted to attorney for victims of sexual violence crimes is circumscribed, and the right to cross-examination to impeach the defendant’s claims is not guaranteed, impeding the active representation of the victim’s perspective. Additionally, despite the Advocacy Centre for Online Sexual Abuse Victims (A.C.O.S.A.V.), – a prominent digital sexual crime victim rescue organisation, primarily offering support for the removal of non-consensually distributed images and videos –, the most pivotal support is not efficiently provided because only the limited human resources requests external entities to delete or block images and videos. In consideration of these factors, this proposal advocates for measures aimed at augmenting the efficacy of critical support systems for victims of (digital) sexual violence. Firstly, to enhance the legal representation for sexual crime victims, there is an imperative to broaden the statement rights afforded to the victim’s attorney. Secondly, for the fortification of the A.C.O.S.A.V. – the entity facilitating comprehensive support services for victims of digital sexual violence – an augmentation in personnel and the transition to a regular employment framework are requisite. Moreover, incorporating technological solutions that can autonomously identify and obstruct the dissemination of non-consensually distributed images and videos is deemed essential. Lastly, to expedite harm prevention, it is recommended that the A.C.O.S.A.V. be endowed with direct deletion authority, circumventing the current practice of indirectly supporting deletion requests through external institutions.
