Beyond Xxxxxxxx Sample Clauses

Beyond Xxxxxxxx. Ensuring Meaningful Remedies for Child Pornog- raphy Victims at Home and Abroad, p. 121; further, it has to be kept in mind that some children depicted in child sexual abuse material might not even be aware that such material has been produced and disseminated, raising the question of whether such persons should even be informed, see Xxxxxxx Xxx/Xxxxxxxx X. Xxxxxxxxx, To know or not to know: should First, this proposal seems to operate on the basis that the victim has in the meantime reached the age of majority (18 years in Germany). Only then is a person legally capable of consenting to the proposed usage of the abuse material. Furthermore, the traumatic impact of the dissem- ination is not predictable: many victims live in a constant state of anxiety about whether and when the material will surface again and if someone will recognise or expose them.12 Once they give consent and the police start with the dissemination, victims might only at this point realise that it is absolutely certain that people have access to their material.13 The reaction of the victim to that realisation is not predictable. If the victim then changes his or her mind about the pre- viously given consent, the decision to upload the material cannot be revisited, as the material can never be removed again: the damage is irreversible.14 Secondly, if a victim has only recently been identified, it means that the victim must be a child and hence is probably still below the age of 18 years. Whether a child can give consent to the dissemination of his or her own sexual abuse material would depend on the developmental capacity of the concerned child. Children can give consent, as long as they have the mental and developmental capacity to assess the significance and scope of the decision: there is no age determination for this criterion and the matter is decided instead on a case-by-case basis. How- ever, if a child is too young to be capable of consenting, the question arises whether the parents or legal guardians can give consent on his or her behalf. Both scenarios are alarming: even if a child is considered capable of consenting, comprehensive support mechanisms need to be put in place to assist the child with the decision. Even in such a context, the abovementioned con- cern about the irreversibility of the decision remains. If the parents or legal guardians were indeed to make the decision, the child’s right to privacy might be infringed at its core, which raises questions about the con...

Beyond Xxxxxxxx. Ensuring Meaningful Remedies for Child Pornography Victims at Home and Abroad, p. 127. 14 Additionally, it has to be kept in mind that young adults who have experienced online child sexual abuse tend to show higher levels of psychopathology (see Xxxxxx Xxxxxxx-Xxxxxx et al., Psychopathology amongst adult survivors of child pornography, Child Abuse and Xxxxxxx, Vol. 98 (2019), p. 9) and hence are potentially even more vulnerable to secondary trauma.

Beyond Xxxxxxxx. Identities, social positions and intersectional theories Although the theoretical tools developed by Xxxxxxxx provide useful ways to think about non-participation in PES, they are, as others have noted, limited by a focus on class, or socio-economic position (Xxxxxxx et al., 2009; J. R. Hall, 1992). Xxxxxxxx’x work has been adapted by other researchers to take into account more complex views of the relationships between class and other aspects of identity, sometimes described as social positions such as ethnicity and gender; as Xxxxxx suggests “class cannot be made alone, without all the other classifications that accompany it” (2004, p. 3). Research that focuses on the relationships between multiple social positions and social inequality is sometimes referred to as intersectional. Intersectional theories highlight the complexity of issues involved in patterns of disenfranchisement and argue that forms of oppression cannot be reduced to one social position or key issue, such as socio-economic position (P.