Staff profile
Professor Clare McGlynn
Professor
Affiliation | Telephone |
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Professor in the Durham Law School | +44 (0) 191 33 42837 |
Biography
I am a Professor of Law with particular expertise in the legal regulation of pornography, sexual violence and online abuse, particularly cyberflashing and image-based sexual abuse (taking, creating and sharing intimate images without consent). I qualified as a solicitor with City firm Herbert Smith Freehills and took up a Lectureship at Newcastle University before moving to a Readership at Durham University in 1999. I was appointed Professor of Law in 2004.
Academic roles: I have served as Deputy Head of Durham Law School, and Deputy Head of Durham University’s Faculty of Social Sciences and Health (Research) from 2012-2015 when I had specific responsibility for diversity & equality, research strategy and the Research Excellence Framework (REF2014). I was a founding member of the University’s Taskforce on Sexual Violence and Misconduct, and I am currently a member of the University’s Senate Discipline Committee. I was a trustee of the University and member of the University’s governing body, University Council, from 2014-2018. In 2015, I took up the position as the first Director of the University's ESRC Impact Acceleration Account which provides funding and support for research impact across the social sciences. Over the years, I have been a member of the University’s Ethics Committee, Promotions Committee, Research Committee, Finance Committee and the Diversity and Equality Advisory Group.
Awards and Appointments: My expertise and leadership have been recognised nationally and internationally. In 2020, I was appointed an Honorary KC (Kings Counsel) in recognition of my work championing equality for women in the legal profession and shaping new criminal laws on extreme pornography and image-based sexual abuse. I am a member of the UK Parliament’s Independent Expert Panel hearing appeals in cases of sexual misconduct, bullying and harassment against MPs. I am also a member of the Judicial Appointments Commission, responsible for the selection of judges across England & Wales. was a member of the REF2021 Law Assessment Panel appointed to assess the quality of UK academic research. In 2018, I was awarded an Honorary Doctorate in Law from Lund University, Sweden, in recognition of the international impact of her research on violence against women and girls. From 2018-2021, I held the Hedda Andersson Visiting Professorship at Lund University. I am also a Fellow of the Academy of Social Sciences. The impact of my research was recognised as world-leading (4*) in the 2014 and 2021 Research Excellence Frameworks assessments (REFs) (read the full case studies here and here).
Online and image-based sexual abuse: My current work focuses on sexual violence, pornography and online abuse against women and girls. I am the co-author of the books Cyberflashing: recognising harms, reforming laws (2021) and Image-Based Sexual Abuse: a study on the causes and consequences of non-consensual nude or sexual imagery (2021). It was my research (with Erika Rackley) that first developed the concept of image-based sexual abuse, a term and concept that better explains the nature and extent of forms of abuse often labelled separately as upskirting, ‘revenge porn’, deepfake porn, downblousing and so on. I have worked closely with politicians, victims and civil society to improve laws nationally and across the world to better tackle online abuse. I gave oral evidence to numerous parliamentary inquiries and select committees including on pornography regulation, the Online Safety Bill, restorative justice, on sexual harassment in public and law reform proposals on upskirting. My oral evidence to the Northern Ireland Justice Committee led to the introduction of a new cyberflashing offence in Northern Ireland. I have contributed my expertise to significant BBC documentaries, media discussions such as many appearances on BBC Woman’s Hour, BBC Radio 4 Today and ITV news.
Regulating pornography and extreme pornography: My pornography research with Fiona Vera-Gray and others has revealed the extent of sexually violent porn on mainstream websites, drawing on the largest dataset of online porn collected to date. This landmark study has been extensively reported nationally and internationally including in the Sunday Times and New York Times, as well as providing the evidence base for many campaigns across the world for greater regulation of pornography. My extreme pornography research with colleagues provided the basis for law reforms criminalising rape pornography introduced in 2015, justifying reform on the basis of rape pornography’s cultural harm and regulation being human rights enhancing. Following introduction of the new law, my research with Hannah Bows using new FOIs revealed significant prosecutions for bestiality, rather than rape, images.
Sexual violence and justice for sexual violence victims: I am currently part of the pioneering Home Office funded Project Soteria seeking to transform rape investigations. This role draws on my research investigating what sexual violence survivors understand as ‘justice’, developing the idea of kaleidoscopic justice to reflect the fluidity and variety of victims’ justice perspectives. This work with Nicole Westmarland has also examined the possibilities of using restorative justice in cases of sexual violence, as well as for domestic abuse. This research is part of my broader work on sexual violence, including foundational work on sexual history evidence in rape trials (briefing here) and my co-edited book Rethinking Rape Law: international and comparative perspectives (2010).
Cyberflashing: My research and policy work raises awareness of the harms of cyberflashing – also known as sending unsolicited dick pics – and makes recommendations for new laws criminalising this commonplace and pernicious form of abuse. This work has played a central role in the recent public campaigns to introduce a new cyberflashing criminal offence in England & Wales, and Northern Ireland, providing justifications for action and draft legislative proposals. It draws on my book Cyberflashing: recognising harms, reforming laws, written with Kelly Johnson, and more recent research on a consent-based criminal law is required: with a two-page summary here.
My expertise also lies in the broad fields of human rights law and European Union law. In 2022, I co-authored the preparatory work for the first Thematic Paper on the Digital Dimension of Violence Against Women adopted by UN, Council of Europe and other violence against women human rights monitoring bodies. I am also co-author of a 2022 study of the EU’s proposed directive on violence against women and co-wrote an expert opinion for German organisation Hate Aid on the EU’s Digital Services Act. This work builds on my previous EU research including the landmark book Families and the European Union: law, politics and pluralism (Cambridge University Press, 2006) and research on rape as a form of torture under the European Convention of Human Rights.
My earlier work focused on equality in the legal profession and feminist perspectives on judging. My pioneering book The Woman Lawyer: making the difference (1998) was the first book-length study into the status of women in law, from universities to the judiciary. In 2010, I co-founded the Feminist Judgments Project where a group of scholars put theory into practice in judgment form, by writing the ‘missing’ feminist judgments in key cases, publishing the book Feminist Judgments: from theory to practice (2010). This work has since inspired feminist judgments projects across the world, with groups of scholars re-writing judgments across India, Australia, Scotland, North/Ireland and the US, and in specific areas of substantive law, including children’s rights, international law and indigenous law.
Research interests
- Rape law and policy
- Restorative Justice and Sexual Violence
- image-based sexual abuse ('revenge porn')
- Feminist Judgments and women in the legal profession
- Legal Regulation of Pornography
Publications
Authored book
- Henry, N., McGlynn, C., Flynn, A., Johnson, K., Powell, A., & Scott, A. (2021). Image-Based Sexual Abuse: A Study on the Causes and Consequences of Non-Consensual Nude or Sexual Imagery. Routledge. https://doi.org/10.4324/9781351135153
- McGlynn, C., & Johnson, K. (2021). Cyberflashing: Recognising Harms, Reforming Laws. Bristol University Press
- McGlynn, C. (2006). Families and the European Union: law, politics and pluralism. Cambridge University Press. https://doi.org/10.2277/0521613353
- McGlynn, C. (1998). The Woman Lawyer - making the difference. Butterworths
Chapter in book
- McGlynn, C. (2023). Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse. In The Criminalization of Violence Against Women Comparative Perspectives. Oxford University Press
- McGlynn, C. (2023). Naming and framing the harms of cyberflashing: men sending non-consensual dick pics. In The Routledge Companion to Gender, Media and Violence. Routledge. https://doi.org/10.4324/9781003200871-42
- Vera-Gray, F., & McGlynn, C. (2020). Regulating pornography: Developments in evidence, theory, and law. In C. Ashford, & A. Maine (Eds.), Research Handbook on Gender, Sexuality, and Law (471-483). Edward Elgar Publishing
- McGlynn, C., Downes, J., & Westmarland, N. (2017). Seeking Justice for Survivors of Sexual Violence: recognition, voice and consequences. In E. Zinsstag, & M. Keenan (Eds.), Restorative responses to sexual violence : legal, social and therapeutic (179-191). Routledge
- Hunter, R., McGlynn, C., & Rackley, E. (2010). Feminist Judgments: An Introduction. In R. Hunter, C. McGlynn, & E. Rackley (Eds.), Feminist judgments : from theory to practice (3-29). Hart Publishing
- McGlynn, C. (2010). R v A (no 2): a feminist judgment. In R. Hunter, C. McGlynn, & E. Rackley (Eds.), Feminist judgments : from theory to practice (211-227). Hart Publishing
- McGlynn, C. (2010). Marginalizing feminism: debating extreme pornography laws in public and policy discourse. In K. Boyle (Ed.), Everyday pornography (190-202). Routledge
- McGlynn, C. (2010). Feminist activism and rape law reform in England and Wales: a Sisyphean struggle?. In C. McGlynn, & V. Munro (Eds.), Rethinking rape law : international and comparative perspectives (139-153). Routledge
- McGlynn, C. (2007). Families and European Union Law. In R. Probert (Ed.), Family Life and the Law: under one roof. Ashgate Publishing
- McGlynn, C. (2003). Challenging the European Harmonisation of Family Law: perspectives on 'the family'. In K. Boeli-Woelki (Ed.), Perspectives for the Unification and Harmonisation of Family in Europe (219-238). Intersentia
- McGlynn, C. (2003). The Status of Women Lawyers in the United Kingdom. In U. Schultz, & G. Shaw (Eds.), Women in the World’s Legal Professions. Hart Publishing. https://doi.org/10.5040/9781472559395.ch-009
- McGlynn, C. (2002). Strategies for Reforming the English Solicitors' profession: An Analysis of the Business Case for Sex Equality. In U. Schultz, & G. Shaw (Eds.), Women in the World's Legal Professions. Hart Publishing
- McGlynn, C. (2001). Pregnancy Discrimination in EU Law. In A. Numhauser-Henning (Ed.), Legal Perspectives on Equal Treatment and Non-Discrimination (205-215). Kluwer
- McGlynn, C. (2001). EC Legislation Prohibiting Age Discrimination: Towards a Europe for All Ages?. In A. Dashwood, J. Spencer, A. Ward, & C. Hillion (Eds.), The Cambridge Yearbook of European Legal Studies (279-299). Hart Publishing
- McGlynn, C. (1999). Judging Women Differently: gender, the judiciary and reform. In S. Millns, & N. Whitty (Eds.), Feminist perspectives on public law (87-106). Routledge-Cavendish
- McGlynn, C. (1996). EC Sex Equality Law: Towards a Human Rights Foundation. In T. Hervey, & D. O’Keeffe (Eds.), Sex equality law in the European Union (239-252). John Wiley and Sons
Edited book
- Hunter, R., McGlynn, C., & Rackley, E. (Eds.). (2010). Feminist Judgments: From Theory to Practice. Hart Publishing
- McGlynn, C. A., & Munro, V. (Eds.). (2010). Rethinking Rape Law: international and comparative perspectives. Routledge
- McGlynn, C. (Ed.). (1998). Legal Feminisms: theory and practice. Ashgate Publishing
Journal Article
- McGlynn, C., & Rackley, E. (online). Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography. Criminal law review, 677-690
- McGlynn, P. C. (online). Cyberflashing: Consent, Reform and the Criminal Law. Journal of Criminal Law, https://doi.org/10.1177/00220183211073644
- McGlynn, C., & Rackley, E. (online). The Politics of Porn . New Law Journal, 1142-1143
- Henry, N., Gavey, N., McGlynn, C., & Rackley, E. (online). ‘Devastating, like it broke me’: Responding to image-based sexual abuse in Aotearoa New Zealand. Criminology & Criminal Justice, https://doi.org/10.1177/17488958221097276
- McGlynn, C. (online). Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective". Criminal law review, 199-215
- McGlynn, C. (online). Re-writing the Corporate Constitution. Journal of Business Law, 858-590
- McGlynn, C., Woods, L., & Antoniou, A. (online). Pornography, the Online Safety Act 2023 and the need for further reform. Journal of Media Law, 1-29. https://doi.org/10.1080/17577632.2024.2357421
- McGlynn, C., & Rackley, E. (online). Criminalising Extreme Pornography: A Lost Opportunity. Criminal law review, 245-260
- Rackley, E., & McGlynn, C. (online). Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law. Criminal law review, 400-405
- McGlynn, C. (2024). Towards a New Criminal Offence of Intimate Intrusions. Feminist Legal Studies, 32(2), 189-212. https://doi.org/10.1007/s10691-024-09547-y
- Andersson, U., Karlsson, L., McGlynn, C., & Wegerstad, L. (2024). After #MeToo: Law, Justice and Sexual Violence: Introduction to the Special Issue. Feminist Legal Studies, 32(2), 137-141. https://doi.org/10.1007/s10691-024-09549-w
- McGlynn, C. (2022). Challenging anti-carceral feminism: Criminalisation, justice and continuum thinking. Women's Studies International Forum, 93, Article 102614. https://doi.org/10.1016/j.wsif.2022.102614
- Rigotti, C., & McGlynn, C. (2022). Towards an EU criminal law on violence against women: The ambitions and limitations of the Commission’s proposal to criminalise image-based sexual abuse. New Journal of European Criminal Law, 13(4), 452-477. https://doi.org/10.1177/20322844221140713
- Rackley, E., McGlynn, C., Johnson, K., Henry, N., Gavey, N., Flynn, A., & Powell, A. (2021). Seeking justice and redress for victim-survivors of image-based sexual abuse. Feminist Legal Studies, 29(3), 293-322. https://doi.org/10.1007/s10691-021-09460-8
- Vera-Gray, F., McGlynn, C., Kureshi, I., & Butterby, K. (2021). Sexual violence as a sexual script in mainstream online pornography. The British Journal of Criminology: An International Review of Crime and Society, 61(5), 1243-1260. https://doi.org/10.1093/bjc/azab035
- McGlynn, C., Johnson, K., Rackley, E., Henry, N., Gavey, N., Flynn, A., & Powell, A. (2021). ‘It’s torture for the soul’: The Harms of Image-Based Sexual Abuse. Social and Legal Studies, 30(4), 541-562. https://doi.org/10.1177/0964663920947791
- McGlynn, C., & Johnson, K. (2021). Criminalising cyberflashing: options for law reform. Journal of Criminal Law, 85(3), 171-188. https://doi.org/10.1177/0022018320972306
- Eaton, A. E., & McGlynn, C. (2020). The psychology of nonconsensual porn: Understanding and addressing a growing form of sexual violence. Policy Insights from the Behavioral and Brain Sciences, 7(2), 190-197. https://doi.org/10.1177/2372732220941534
- McGlynn, C., & Bows, H. (2019). Possessing Extreme Pornography: policing, prosecutions and the need for reform. Journal of Criminal Law, 83(6), 473-488. https://doi.org/10.1177/0022018319877783
- McGlynn, C., & Westmarland, N. (2019). Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice. Social and Legal Studies, 28(2), 179-201. https://doi.org/10.1177/0964663918761200
- Westmarland, N., McGlynn, C., & Humphreys, C. (2018). Using restorative justice approaches to police domestic violence and abuse. Journal of Gender-Based Violence, 2(2), 339-358. https://doi.org/10.1332/239868018x15266373253417
- McGlynn, C. (2018). Challenging the law on sexual history evidence: a response to Dent and Paul. Criminal law review, 2018(3), 216-228
- McGlynn, C., Westmarland, N., & Johnson, K. (2018). Under the radar: the widespread use of 'Out of Court resolutions' in policing domestic violence and abuse in the United Kingdom. The British Journal of Criminology: An International Review of Crime and Society, 58(1), 1-16. https://doi.org/10.1093/bjc/azx004
- McGlynn, C., & Rackley, E. (2017). More than ‘Revenge Porn’: Image-Based Sexual Abuse and the Reform of Irish Law. Irish probation journal, 14, 38-51
- McGlynn, C. (2017). Rape Trials and Sexual History Evidence: reforming the law on third party evidence. Journal of Criminal Law, 81(5), 367-392. https://doi.org/10.1177/0022018317728824
- McGlynn, C., Rackley, E., & Houghton, R. (2017). Beyond 'Revenge Porn': The Continuum of Image-Based Sexual Abuse. Feminist Legal Studies, 25(1), 25-46. https://doi.org/10.1007/s10691-017-9343-2
- McGlynn, C., & Rackley, E. (2017). Image-Based Sexual Abuse. Oxford Journal of Legal Studies, 37(3), 534-561. https://doi.org/10.1093/ojls/gqw033
- Ward, I., & McGlynn, C. (2016). Women, Law and John Stuart Mill. Women's History Review, 25(2), 227-253. https://doi.org/10.1080/09612025.2015.1039350
- McGlynn, C., & Ward, I. (2014). Would John Stuart Mill have Regulated Pornography?. Journal of Law and Society, 41(4), 500-522. https://doi.org/10.1111/j.1467-6478.2014.00683.x
- McGlynn, C., Westmarland, N., & Godden, N. (2012). "I just wanted him to hear me": sexual violence and the possibilities of restorative justice. Journal of Law and Society, 39(2), 213-240. https://doi.org/10.1111/j.1467-6478.2012.00579.x
- McGlynn, C. (2012). John Stuart Mill on Prostitution: Radical Sentiments, Liberal Proscriptions. Nineteenth-Century gender studies, 8(2),
- McGlynn, C. (2011). Feminism, Rape and the Search for Justice. Oxford Journal of Legal Studies, 31(4), 825-842. https://doi.org/10.1093/ojls/gqr025
- McGlynn, C., & Ward, I. (2009). Pornography, Pragmatism and Proscription. Journal of Law and Society, 36(3), 327-351. https://doi.org/10.1111/j.1467-6478.2009.00470.x
- McGlynn, C. (2009). Rape, Torture and the European Convention on Human Rights. International and Comparative Law Quarterly, 58(3), 565-595. https://doi.org/10.1017/s0020589309001195
- McGlynn, C., Rackley, E., & Ward, I. (2009). Judging Destricted. King's Law Journal, 20(1), 53-67
- McGlynn, C. (2008). Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy. Feminist Legal Studies, 16(1), 71-85. https://doi.org/10.1007/s10691-007-9079-5
- McGlynn, C. (2006). Families, Partnerships and Law Reform in the European Union: balancing disciplinarity and liberalisation. Modern Law Review, 69(1), 92-107. https://doi.org/10.1111/j.1468-2230.2006.00578.x
- McGlynn, C. (2005). Family Reunion and the Free Movement of Persons in European Union Law. International law FORUM du droit international, 7(3), https://doi.org/10.1163/157180405774579974
- McGlynn, C. (2002). Rights for Children: the potential impact of the European Union Charter of Fundamental Rights. European Public Law, 8(3), 387-400
- McGlynn, C. (2001). Families and the European Charter of Fundamental Rights: Progressive Change or Entrenching the Status Quo?. European law review, 26(6), 582-598
- McGlynn, C. (2001). Reclaiming a Feminist Vision: The Reconciliation of Paid Work and Family Life in European Union Law and Policy. The Columbia journal of European law, 7(2), 241-272
- McGlynn, C. (2001). The Europeanisation of Family Law. Child and family law quarterly, 13(1), 35-49
- McGlynn, C. (2001). ‘European Union Family Values: Ideologies of ‘Family’ and ‘Motherhood’ in European Union Law’. Social Politics, 8, 325-350
- McGlynn, C. (2000). Ideologies of Motherhood in European Community Sex Equality Law
- McGlynn, C. (2000). Pregnancy, Parenthood and the Court of Justice in Abdoulaye. European law review, 25, 654-662
- McGlynn, C. (2000). The Business of Equality in the Solicitors' Profession. Modern Law Review, 63, 442-456
- McGlynn, C. (1999). Women, Representation and the Legal Academy. Legal Studies, 19, 68-92
- McGlynn, C. (1998). An Exercise in Futility: the practical effects of the social policy opt-out. Northern Ireland Legal Quarterly, 49, 60-73
- McGlynn, C. (1996). Pregnancy Dismissals and the Webb Litigation. Feminist Legal Studies, 4, 229-242
- McGlynn, C. (1996). Equality, Maternity and Questions of Pay. European law review, 21, 327-332
- McGlynn, C. (1995). Webb v EMO: A Hope for the Future?. Northern Ireland Legal Quarterly, 46, 50-62
- McGlynn, C. (1995). European Works Council: Towards Industrial Democracy?. Industrial Law Journal, 24, 78-84
- McGlynn, C. (1994). The Constitution of the Company: Mandatory Statutory Provisions v Private Agreements
Newspaper/Magazine Article
- McGlynn, C., & Rackley, E. (2017). Why ‘upskirting’ needs to be made a sex crime
- McGlynn, C., & Rackley, E. (2015). The new law against 'revenge porn' is welcome, but no guarantee of success
- McGlynn, C., & Rackley, E. (2014). The law must focus on consent when it tackles revenge porn
- McGlynn, C., & Rubens, T. (1998). Some way to go before we find equality
- McGlynn, C. (1998). A law unto themselves?
- McGlynn, C. (1997). The time is ripe for parental leave
- McGlynn, C. (1997). Where men still rule
Other (Print)
- McGlynn, C. (in press). Why laws on sexual history evidence still need reform
- McGlynn, C., & Rackley, E. (in press). Why criminalise the possession of rape pornography?
- McGlynn, C. (in press). The law must protect all victims of image-based sexual abuse, not just 'upskirting'
- McGlynn, C., & O'Donoghue, A. (in press). Policing Upskirting: it’s serious, not funny
- McGlynn, C., & Downes, J. (in press). Why we need a new law to combat 'upskirting' and 'downblousing'
- McGlynn, C. (2018). The Upskirting Bill Must Focus On Victims, Not Perpetrators' Motives
- McGlynn, C., & Rackley, E. (2015). New law on 'revenge porn' is 'unlikely'to tackle hackers distributing intimate images
- McGlynn, C., & Rackley, E. (2015). More than just 'revenge porn': tackling the misuse of private sexual images
- McGlynn, C. (2009). Is big brother in the bedroom? No
- McGlynn, C. (2007). Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography
Report