Sexting

Sexting has been promoted further by several direct messaging applications that are available on smartphones. The difference between using these applications and traditional texting is that content is transmitted over the Internet or a data plan, allowing anyone with Internet access to participate. Snapchat appeals to teens because it allows users to send photos for a maximum of ten seconds before they self-destruct. Those sending photos over Snapchat believe they will disappear without consequences so they feel more secure about sending them. There have been several cases where teens have sent photos over these applications, expecting them to disappear or be seen by the recipient only, yet are saved and distributed, carrying social and legal implications. Even though users believe their photos on Snapchat for example will go away in seconds, it is easy to save them through other photo capturing technology, third party applications, or simple screenshots. These applications claim no responsibility for explicit messages or photos that are saved. Snapchat's privacy policy on sexting has evolved to include sending content over new smartphone applications because of their appealing features such as the anonymity or temporary elements. These applications carry the same risks and consequences that have always existed.

A 2009 study found that 4 percent of teenagers aged 14 to 17 claim to have sent sexually explicit photos of themselves. Fifteen percent of these teens also claimed to have received sexually explicit photos. This suggests a consent issue of people receiving photos without asking for them. This is enhanced with Snapchat, as the person receiving snapchats will not be aware of the contents until they open it,[12] and messages are automatically deleted after some time. Although sexting through Snapchat is popular, "joke sexting" is more prevalent among users. Sending sexual images as a joke makes up approximately a quarter of the participants.[13]

Sexting is a prevalent and normalized practice among youth in many western, liberal democracies.[14] Many couples engage in sexting. In a 2011 study, 54% of the sample had sent explicit pictures or videos to their partners at least once, and one third of their sample had engaged in such activities occasionally.[15]

In areas where gender roles traditionally expect men to initiate sexual encounters, sexting is used by women to offer nude images to male partners, allowing women greater latitude to instigate sex.[16][17] Mass media does not encourage teen or underage sexting, because of the child pornography laws they could violate.[16] However, a recent study found young women are significantly more likely than young men to be pressured into sending a nude photo, by their partner.[18]

In 2013, it was found that sexting is often used to enhance the relationship and sexual satisfaction in a romantic partnership. Sexting thus can be considered a "behaviour that ties into sexuality and the subsequent level of relationship satisfaction experienced by both partners". Based on the interviews conducted by Albury and Crawford, they discovered that sexting is commonly used in positive aspects. According to Albury and Crawford, sexting was not only an activity occurring in the context of flirtation or sexual relationships, but also between friends, as a joke or during a moment of bonding."[19] Reportedly, hedonism played a role in motivating sexting, and the length of relationship was negatively correlated with sexting behaviors. The study had a small sample size, so more research needs to be done surrounding sexting and motivation, but it is clear that sexting is a phenomenon that is not constrained to simply unattached individuals looking for fun; it is used by those in intimate relationships to increase feelings of intimacy and closeness one's partner.[19] For teens, sexting can also act as a prelude (or in lieu of) sexual activity, as an experimental phase for those who are yet to be sexually active, and for those who are hoping to start a relationship with someone.[6] In a 2013 study conducted by Drouin et al., it was found that sexting is also associated with attachment styles, as those with attachment avoidance are more likely to engage in sexting behaviours (just as these individuals are also more likely to engage in casual sex). Thus, instead of increasing intimacy in these types of relationships, sexting may act as a buffer for physical intimacy.[15]

While some studies have evaluated sexting by married couples or young men who have sex with men,[20] the majority of attention is directed at heterosexual adolescents.

A 2015 online survey of a population representative quota sample of N=1,500 adults in Germany (ages 18 to 85; 48% women, 52% men) showed that 41% of the respondents had sent a sext at least once in their lives.[21] Sending erotic texts was most common, followed by erotic photos and videos of oneself. A statistically significant increase in participation in sexting was shown by persons of male gender, younger age, marital status unmarried and non-heterosexual identity. The respondents reported significantly more positive than negative effects of their sexting activities.

Some studies of adolescents find that sexting is correlated with risky sex behaviors,[22][23][24][25][26] while other studies have found no link.[14][27][28] Although the focus has been primarily on heterosexual teenagers, a recent study demonstrates that the number of people that send sexual images of themselves vary.[29]

In a 2008 survey of 1,280 teenagers and young adults of both sexes sponsored by The National Campaign to Prevent Teen and Unplanned Pregnancy, 20% of teens (13–20) and 33% of young adults (20–26) had sent nude or semi-nude photographs of themselves electronically. Additionally, 39% of teens and 59% of young adults had sent sexually explicit text messages.[30]

Sexting became popular among teens around 2009, especially among high school students in the United States, where 20 percent of high school students said they had engaged in sexting or receiving.[31]

A widely cited 2011 study indicated the previously reported prevalence was exaggerated. Researchers at the University of New Hampshire surveyed 1,560 children and caregivers, reporting that only 2.5 percent of respondents had sent, received or created sexual pictures distributed via cell phone in the previous year.[32] Perhaps shedding light on the over-reporting of earlier studies, the researchers found that the figure rose to 9.6% when the definition was broadened from images prosecutable as child pornography to any suggestive image, not necessarily nude ones.[33]

Despite this, a 2012 study conducted by the University of Utah Department of Psychology[34][35] has received wide international media attention for calling into question the findings reported by the University of New Hampshire researchers. In the University of Utah's study, researchers Donald S. Strassberg, Ryan Kelly McKinnon, Michael A. Sustaíta, and Jordan Rullo surveyed 606 teenagers ages 14 to 18 and found that nearly 20 percent of the students said they had sent a sexually explicit image of themselves via cell phone, and nearly twice as many said that they had received a sexually explicit picture. Of those receiving such a picture, over 25 percent indicated that they had forwarded it to others. In addition, of those who had sent a sexually explicit picture, over a third had done so despite believing that there could be serious legal and other consequences if they got caught. Students who had sent a picture by cell phone were more likely than others to find the activity acceptable. Strassberg, McKinnon, et al. note: "The news-worthiness of [the University of New Hampshire study] derives from [their] figure [2.5%] being far below (by a factor of 5 or more) the prevalence rates reported in the previous surveys. However, while technically accurate, the 2.5% figure is actually rather misleading. As seen in Table 1 of their publication, Mitchell et al. found that among the quarter of their sample that were ages 10 to 12, [less than] 0.6% 'appeared in, created, or received a nude or nearly nude image' while among those age 15 to 17, 15% of participants reported having done so. Despite it being widely reported in the media, the overall prevalence figure of 2.5% masks a dramatic age effect that indicates that more than 1 in 8 mid-teen minors admit to having sexted." Strassberg, McKinnon, et al. conclude: "These results argue for educational efforts such as cell phone safety assemblies, awareness days, integration into class curriculum and teacher training, designed to raise awareness about the potential consequences of sexting among young people."[34][36][37]

According to a writing by professor Diane Kholos Wysocki, although both men and women participate in "sexting", "women are more likely to sext than men".[38] Even though the article claims that women are more likely to sext than men, the article does not claim that women are the only ones receiving the images. In a study, close to half of the adults' interviewed had sexual photos or texts on their mobile device(s). Many of these intimate images and words are actually sent to complete strangers. In an article in Scientific American, however, the article says that men are actually more likely to initiate some form of intimate communication, like sending nude photographs or suggestive text messages. The reasoning behind this is that men seem to be more open about their sexual drive, which promotes the instigation of sexual contact. Also in this article, it says, "The age group that is most keen on sexting is 18- to 24-year-olds".[39] This is when young adults are at their prime of sexuality, and are looking to find their partners while also exploring their bodies and sexuality. Amy Adele Hasinoff published an article trying to get rid of the stigma that sexting is simply exploitation of sexual matters. Women are sexualized whenever they post or share any form of intimate media. Men are not. When it comes to sexting, there is a big difference between sexual exploitation and a consensual decision to express one's sexuality and share an image of their own body with someone who wants to see it. Hasinoff points out that "Many digital media scholars stress that the Internet can enable young people to explore their identities and develop social and communication skills" (Boyd, 2008; Tynes, 2007),[40] and suggests that consensual sexting might serve a similar function for some people.

The body of academic literature on sexting has been growing rapidly since the early 2000s. Several research reviews are available that summarize the current state of research. Such research reviews often focus on the prevalence of sexting in different populations, on the age and gender of sexters, on motivations for sexting, and on positive and negative sexting outcomes.[41][42][43][44] Importantly, more and more primary studies and research reviews clearly differentiate between consensual sexting on the one side and non-consensual sexting including different types of technology-mediated violence such as sextortion and so-called "revenge porn".[45] There are also research reviews available that summarize and evaluate extant measures to prevent negative sexting outcomes and nonconsensual sexting.[46][47]

• In 2007, 32 Australian teenagers from the state of Victoria were prosecuted as a result of sexting activity.[80]
• In 2008, an assistant principal in the U.S. state of Virginia was charged with possession of child pornography and related crimes after he had been asked to investigate a rumored sexting incident at the high school where he worked. Upon finding a student in possession of a photo on his phone that depicted the torso of a girl wearing only underpants, her arms mostly covering her breasts, the assistant principal showed the image to the principal, who instructed him to preserve it on his computer as evidence, which he did. The court later ruled that the photo did not constitute child pornography because under Virginia law, nudity alone is not enough to qualify an image as child pornography; the image must be "sexually explicit". Loudoun County prosecutor James Plowman stood by his initial assessment of the photo and says he would not have pursued the case if the assistant principal had agreed to resign. Instead, the assistant principal took out a second mortgage on his house and spent $150,000 in attorneys' fees to clear his name.[81][82]
• In January 2009, child pornography charges were brought against six teenagers in Greensburg, Pennsylvania, after three girls sent sexually explicit photographs to three male classmates.[83]
• In 2009, a Fort Wayne, Indiana, teenage boy faced felony obscenity charges for allegedly sending a photo of his genitals to several female classmates. Another boy was charged with child pornography in a similar case.[84]
• In 2009, police investigated an incident at Margaretta High School in Castalia, Ohio, in which a 17-year-old girl allegedly sent nude pictures of herself to her former boyfriend, and the pictures started circulating after they had a quarrel.[85] The girl was charged with being an "unruly child" based on her juvenile status.[86]
• In 2009, two southwest Ohio teenagers were charged with contributing to the delinquency of a minor, a first-degree misdemeanor, for sending or possessing nude photos on their cell phones of two 15-year-old classmates.[87]
• On 25 March 2009, the American Civil Liberties Union filed a lawsuit against Wyoming County, Pennsylvania district attorney George Skumanick Jr. for threatening teenage girls who were the subject of allegedly risque photos with prosecution on child pornography charges if they did not submit to a counseling program.[88] The case is Miller, et al. v. Skumanick.[89] Skumanick stated in an interview with Julie Chen on CBS News's The Early Show that his office decided to make an offer of limiting penalties to probation if the girls agreed to attend a sexual harassment program.[90][91] The girls and their parents won a ruling that blocked the district attorney, who appealed. It is the first appeals court case concerning sexting.[92]
• In July 2010, Londonderry High School teacher Melinda Dennehy pleaded guilty and received a one-year suspended sentence for sending racy photos of herself to a 15-year-old student.[93]
• In August 2014, a teen from Manassas City, Virginia, was placed on one year's probation after being charged with two counts of child pornography for allegedly sexting an explicit video to his 15-year-old girlfriend. The case become controversial after attempts by the Manassas city police and prosecutors to take pictures of the teen's erect penis as evidence to compare with the video he sent to his girlfriend in January.[94]
• In November 2015, officials discovered widespread sexting at Cañon City High School in Colorado.[95] Photos of at least 100 different students were involved, in what appeared to be a contest. District Attorney Thom LeDoux said consenting adults can send and receive sext messages, but minors can face felony charges for doing the same. Before deciding to prosecute, he said he would consider if coercion was involved, if adults were involved, and if actual physical contact was made.[96] When The New York Times reported on this incident, the reporter referred to a book titled Sexting Panic, written by Adele Hasinoff, an assistant professor at the University of Colorado. Hasinoff said schools should talk to students about sexting, instead of simply demanding that they stop doing it.[96]
• In September 2017, the Washington Supreme Court, by a vote of 5–3, upheld the child pornography trafficking conviction of a seventeen-year-old boy for texting a picture of his erect penis to an adult woman.[97] The boy, who has Asperger syndrome, was sentenced to 50 hours of community service, 30 days' confinement, and registration as a sex offender.[98]
• In March 2019, the school board of Bellport middle school (New York) fired a 25-year-old teacher after a photo surfaced, that she had taken at home sitting on the floor before a mirror, a towel draped across her legs and her breasts exposed. She had only shared the image with a colleague she was dating, who was not disciplined for the dissemination of the photograph among the students of the school. She has sued the school district and its administrators for gender discrimination, commenting "It's always the boys hurting the girls and the girls taking the brunt of it".[99]

In Connecticut, Rep. Rosa Rebimbas introduced a bill that would lessen the penalty for "sexting" between two consenting minors in 2009. The bill would make it a Class A misdemeanor for children under 18 to send or receive text messages with other minors that include nude or sexual images. It is currently a felony for children to send such messages, and violators could end up on the state's sex offender registry.[100]

Vermont lawmakers introduced a bill in April 2009 to legalize the consensual exchange of graphic images between two people 13 to 18 years old. Passing along such images to others would remain a crime.[101]

In Ohio, a county prosecutor and two lawmakers proposed a law that would reduce sexting from a felony to a first degree misdemeanor, and eliminate the possibility of a teenage offender being labeled a sex offender for years. The proposal was supported by the parents of Jesse Logan, a Cincinnati 18-year-old who committed suicide after the naked picture of herself which she sexted was forwarded to people in her high school.[102]

Utah lawmakers lessened the penalty for sexting for someone younger than 18 to a misdemeanor from a felony.[103]

In New York, Assemblyman Ken Zebrowski (D-Rockland) has introduced a bill that will create an affirmative defense where a minor is charged under child pornography laws if they possesses or disseminate a picture of themselves or possess or disseminates the image of another minor (within 4 years of their age) with their consent. The affirmative defense will not be available if the conduct was done without consent. It also creates an educational outreach program for teens that promotes awareness about the dangers of sexting.[104]

In the Australian state of Victoria, the law was reformed in 2014 to create a defence for young people who engage in consensual sexting and the introduction of the new offences of distribution of an intimate image, and threat to distribute an intimate image.[105]