Posting Consensual Sex on Public Forum is Sexual Assault: Technology-Based Gender Violence in the Digital Age

As I was reading the recent case[i] of an Ottawa man sentenced to five years in prison for posting consensual sex with two women on a public pornography site, I thought about how technology is sometimes a vehicle for harassment in the workplace harassment complaints we investigate. In our increasingly digital world, technology has transformed how we communicate and interact with one another, including in the workplace.

While these innovations have undoubtedly improved our lives in many ways, they have also introduced new challenges. One such challenge is technology-based gender violence, a disturbing phenomenon that disproportionately affects women and is fueled by digital tools and platforms.

Understanding Technology-Based Gender Violence

Technology-based gender violence, also known as cyber harassment or online gender-based violence, encompasses a wide range of abusive behaviours carried out through digital means. It includes online harassment, cyberstalking, non-consensual sharing of intimate images (commonly referred to as “revenge porn”), doxxing (publishing private information online), and more. “Sextortion” is a form of online exploitation and blackmail that involves the coercion of individuals, often through the use of sexually explicit material or personal information. In a typical sextortion scenario, the perpetrator obtains compromising photos, videos, or messages of the victim, either by hacking their devices, social media accounts, or by convincing the victim to willingly share the content. Technology-based gender violence targets individuals because of their gender, exploiting technology to inflict harm, fear and humiliation.

The Pervasiveness of Online Gender Violence

The internet and the anonymity it provides have made technology-based gender violence a pervasive issue. According to a 2020 report by the United Nations, an alarming 73% of women have experienced some form of online violence. Social media platforms, messaging apps, and online forums have become breeding grounds for such abuse.

The Impact on Victims

The consequences of technology-based gender violence can be severe and lasting. Victims often experience psychological harm and job performance can suffer. They may fear for their safety as threats escalate from the digital world into real life. And the damage to a victim’s reputation and personal life can be devastating, as intimate images or private information are circulated without consent.

The Law

Laws and regulations to address technology-based gender violence vary widely. In 2015, the federal government introduced an amendment to the Criminal Code making it a criminal offense to address the non-consensual distribution of sexually explicit images, with penalties ranging from fines to imprisonment. Some provinces have also taken steps to address technology-based gender violence.

Risk Factors for Workplace Technology-Based Gender Violence

Knowing the risk factors for workplace technology-based gender violence can help organizations recognize and prevent it:

1. Digital communication at work: With the rise of remote work and increased reliance on digital communication tools, employees are more connected online than ever before. This creates opportunities for perpetrators to exploit technology to harass colleagues.
2. Escalating abusive behaviour: Perpetrators of technology-based gender violence may take their abusive behaviour from personal to professional spaces. This can involve sending harassing messages, spreading false information, or cyberstalking coworkers.
3. Workplace power dynamics: Workplace hierarchies and power imbalances can exacerbate technology-based gender violence. Those in positions of authority may misuse their influence to engage in harassment.

Combatting Workplace Technology-Based Gender Violence

Organizations have a responsibility to address and prevent workplace harassment, whether it occurs in person or online, and can consider these strategies:

1. Have clear policies: Establish clear workplace policies that explicitly prohibit online harassment and provide guidelines for reporting incidents.
2. Training and awareness: Conduct training sessions to educate employees about online harassment and how to respond effectively.
3. Reporting mechanisms: Implement reporting mechanisms that allow victims to report incidents without fear of retaliation.
4. Investigate: Take complaints seriously and conduct thorough investigations.
5. Accountability: Impose appropriate consequences for harassers.

Conclusion

As technology continues to shape our work environments, technology-based gender violence in the workplace will be an ongoing issue. Organizations can implement mechanisms to raise awareness and help create safe and inclusive workplaces where digital tools are not misused as instruments of harassment.                                                                                                                                                                                                                                                                                                                                                     

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[i] https://nationalpost.com/news/canada/ottawa-is-it-sexual-assault-to-secretly-record-intimate-encounter