The Jermaine Jenas story has garnered significant attention from both the media and the public. While the details of what transpired and the messages exchanged remain unclear, speculation abounds. Rather than adding to the speculation, it is more constructive to explore the various legal and non-legal issues that arise from such situations.
Consent and power imbalance
One of the critical issues in cases like this is consent. Consent cannot be considered genuine when there is a significant imbalance of power. When a junior staff member is placed in a position where they feel unable to refuse an inappropriate message or an invitation to a social event, it cannot be deemed consensual. This imbalance of power creates a coercive environment where true consent is impossible.
Understanding sexual harassment
Sexual harassment is defined by the Equality Act 2010 as unwanted behaviour of a sexual nature that creates an intimidating, hostile, degrading, humiliating, or offensive working environment. Examples of sexual harassment include:
- Unwelcome sexual advances, propositions, and demands for sexual favours
- Unwanted or derogatory comments or nicknames about clothing or appearance
- Leering and suggestive gestures, remarks, or jokes
- Intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life
- Sexual posts or contact on social media
- Spreading sexual rumours about a person
- Sending sexually explicit emails or text messages
- Comments of a sexual nature about your or a colleague’s sexual orientation
- Comments of a sexual nature about your or a colleague’s gender identity
- Displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media
- ‘Upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge
- Predatory behaviour
- Coercion
- Physical contact such as the invasion of personal space and unnecessary touching, hugging, or kissing through to sexual assault, indecent exposure, stalking, and rape (although rape is defined as a separate criminal offense)
New legal provisions for unsolicited explicit images
As of January 31, 2024, new provisions within the Online Safety Act have come into force to tackle intimate image abuse and “revenge porn.” Previously, victims had to navigate a patchwork of civil and criminal causes of action. The new provisions consolidate various offenses, making them more effective tools for victims seeking justice. Notably, the Act creates a new base offense within the Sexual Offences Act 2003 for sharing intimate images without consent, removing the need to prove an intention to cause distress. This change addresses a significant hurdle for victims. The Act also targets “deepfakes” and introduces a new “cyberflashing” offense.
Cyberflashing criminalises intentionally sending or giving an image (photo or film) of a person’s genitals to another, intending to cause the recipient alarm, distress, or humiliation, or for sexual gratification, and being reckless as to whether it caused the recipient alarm, distress, or humiliation.
The psychology behind abuse of power
Why do those in positions of power, mostly men, engage in such behaviour? Several factors could be at play, including:
- Entitlement: A belief that they deserve to act in such a manner due to their status.
- Self-destructive behaviour: Actions that ultimately harm their own careers and reputations.
- Misogyny: Deep-seated prejudices against women.
The Growing Crisis of Violence Against Women and Girls (VAWG)
Last year, police chiefs placed offenses against women and girls on the same level as terrorism and serious organised crime. This year, it has been declared a national emergency.
The National Policing Statement for VAWG, commissioned by the National Police Chiefs’ Council and College of Policing, found:
- Over one million VAWG-related crimes were recorded during 2022/23, accounting for 20% of all police-recorded crime.
- Police-recorded VAWG-related crime increased by 37% between 2018 and 2023.
- At least 1 in every 12 women will be a victim per year, with the exact number expected to be much higher.
- Child sexual abuse and exploitation increased by more than 400% between 2013 and 2022.
Not only is VAWG growing, but we are also seeing ever more complicated types of offending, causing significant harm to victims and society as a whole. One in every six murders related to domestic abuse in 2022/23, with suspected victim suicides following domestic abuse rising year-on-year.
Conclusion
The Jermaine Jenas story highlights the critical issues of consent, sexual harassment, and the abuse of power. It also underscores the importance of new legal provisions to protect victims of intimate image abuse and cyberflashing. As society continues to grapple with these issues, it is crucial to understand the legal frameworks in place and the psychological factors driving such behaviour. Addressing these problems requires a concerted effort from legal professionals, law enforcement, and the public to create a safer and more equitable environment for everyone.
