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Research

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Professor Clare McGlynn

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Professor in Durham Law School
Ref Mentor, Durham Law School
Telephone: +44 (0) 191 33 42837
Fax: +44 (0) 191 33 42801
Room number: PCL118
Advisory Board Member of the Centre for Criminal Law & Justice
Member of the Human Rights Centre

Contact Professor Clare McGlynn (email at clare.mcglynn@durham.ac.uk)

Biography

Clare McGlynn is a Professor of Law with particular expertise in the legal regulation of pornography, image-based sexual abuse (including ‘revenge porn’), violence against women and gender equality in the legal profession. Having practiced as a solicitor with City firm Herbert Smith Freehills and lectured at the University of Newcastle upon Tyne, she moved to a Readership at Durham University in 1999 and was appointed to a Chair in Law in 2004. She has served as Deputy Head of the Law School and Deputy Head of the Faculty of Social Sciences & Health (Research) when she had specific responsibility for diversity & equality, research strategy and the Research Excellence Framework (REF2014). She was a member of the University’s Taskforce on Sexual Violence and is currently a member of the University’s governing body, University Council. Clare is also the Director of the University's ESRC Impact Acceleration Account which provides funding and support for research impact across the social sciences. Clare is a co-founder of the newly established university think-tank, the Centre for Gender and Equality in the Media.

Image-based sexual abuse: Clare’s research has developed the concept of image-based sexual abuse which captures all forms of the creation and/or distribution of private sexual images without consent (including ‘revenge porn’) (with Erika Rackley). Her research recommends specific laws to combat this phenomenon which recognise women’s rights to privacy, dignity and sexual expression and extend to cover practices such as upskirting. Her work has played a key role in national debates, including commentary in the Daily Mail, in ITV news, and in legislative debates in House of Lords. She has given evidence before the Scottish Justice Committee on proposed reforms in Scotland, recommending a new law focussing on the harms to victims, not motives of the perpetrators, as well as giving presentations to policy-makers across Iceland, Ireland and Australia.

Regulating Extreme Pornography: This work builds on earlier research justifying the criminal regulation of some forms of extreme pornography on the basis of its cultural harm. This research influenced law reform campaigns, including (‘ban Rape Porn’), which led to new criminal laws in England & Wales and Scotland. The impact of Clare’s research in this field was recognised as world-leading (4*) in the 2014 Research Excellence Framework (read the full case study here). Her work has been widely debated including in The Guardian, the Observer, the Independent and on the BBC. Clare has discussed this research on the BBC’s Woman’s Hour and Law in Action (see also research briefing). Her research advances liberal justifications for pornography regulation and has been funded by a Leverhulme Research Fellowship.

Justice for Sexual Violence Survivors: Clare is also an expert on ideas of justice for survivors of sexual violence, investigating the possibilities of restorative justice in cases of sexual violence and developing the concept of kaleidoscopic justice. Her earlier work focused on feminist activism and strategy, particularly around the use of sexual history evidence in rape trials, the granting of anonymity to rape defendants and the definition of torture in human rights law. Her British Academy funded conference Rethinking Rape Law resulted in the publication of Rethinking Rape Law: international and comparative perspectives. Clare is a regular commentator in the national media on matters relating to rape law, including on sentencing reform and controversial cases involving false allegations of rape and false retractions

Research Groups

Centre for Criminal Law & Justice

Durham Law School

School of Applied Social Sciences

Research Projects

Durham Law School

Research Interests

  • Image-based sexual abuse ('revenge porn')
  • Rape law and policy
  • Restorative Justice and Sexual Violence
  • Feminist Judgments and women in the legal profession
  • Legal Regulation of Pornography

Selected Publications

Authored book

Chapter in book

  • McGlynn, C., Westmarland, N. & Downes, J. (2017). Seeking Justice for Survivors of Sexual Violence: recognition, voice and consequences. In Restorative Responses to Sexual Violence: Legal, Social and Therapeutic Dimensions. Zinsstag, E. & Keenan, M. Routledge.
  • McGlynn, C (2010). Feminist activism and rape law reform in England and Wales: a Sisyphean struggle?. In Rethinking Rape Law: international and comparative perspectives. McGlynn, Clare & Munro, Vanessa London: Routledge. 139-153.
  • McGlynn, C (2010). Marginalizing feminism: debating extreme pornography laws in public and policy discourse. In Everyday Pornography. Boyle, Karen London: Routledge. 190-202.
  • McGlynn, C (2010). R v A (no 2): a feminist judgment. In Feminist Judgments: from theory to practice. Hunter, R., McGlynn, C. & Rackley, E. Oxford: Hart. 211-227.
  • McGlynn, C.M.S. (2005). Reconciling Work and Family: the EU Agenda. In (Re)Producing Work: Labour Law and the Work/Family Divide. Conaghan J & Rittich Oxford University Press.
  • McGlynn, C.M.S. (2003). Challenging the European Harmonisation of Family Law: perspectives on 'the family'. In Perspectives for the Unification and Harmonisation of Family in Europe. Boeli-Woelki K Antwerp: Intersentia. 219-238.
  • McGlynn, C.M.S. (2002). Strategies for Reforming the English Solicitors' profession: An Analysis of the Business Case for Sex Equality. In Women in the World's Legal Professions. Schultz U & Shaw G Hart.
  • McGlynn, C.M.S. (2001). EC Legislation Prohibiting Age Discrimination: Towards a Europe for All Ages? In The Cambridge Yearbook of European Legal Studies. Dashwood A, Spencer J, Ward A & Hillion C Hart. 3: 279-299.
  • McGlynn, C.M.S. (2001). Pregnancy Discrimination in EU Law. In Legal Perspectives on Equal Treatment and Non-Discrimination. Numhauser-Henning A Kluwer. 205-215.
  • McGlynn, C (1996). EC Sex Equality Law: Towards a Human Rights Foundation. In Sex Equality Law in the European Union. Hervey, T & O’Keeffe, D London: John Wiley. 239-252.

Edited book

Journal Article

Newspaper/Magazine Article

Other (Print)

Show all publications

Media Contacts

Available for media contact about:

  • Law & Crime: rape law, regulation of pornography, violence against women, gender and criminal law

Supervises

Selected Grants

  • 2016: Australian Research Council: The legal implications of 'revenge pornography'
  • 2016: IAA - The Centre for Gender Equal Media at Durham University (GEM) (£15804.00 from ESRC)
  • 2013: IAA: TRANSFORMATIVE RESEARCH FUNDS (£15000.00 from ESRC)
  • 2011: Reforming Pornography Law: liberal justifications (2011, Leverhulme Research Fellowship)
  • 2011: Reforming Pornography Law: liberal justifications (Leverhulme Research Fellowship)
  • 2009: ESRC Feminist Judgments Project (with Hunter and Rackley)
  • 2008: RETHINKING RAPE LAW (£4472.00 from The British Academy)
  • 2008: THE FEMINIST JUDGMENTS PROJECT (£37480.00 from ESRC)
  • 2007: Positions on the Politics of Porn (2007, Socio-Legal Studies Association)
  • 2003: European Family Values: law, politics and pluralism (AHRC)