Professor Clare McGlynn
|Professor in Durham Law School||PCL118||+44 (0) 191 33 42837|
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 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.
- Restorative Justice and Sexual Violence
- Rape law and policy
- image-based sexual abuse ('revenge porn')
- Feminist Judgments and women in the legal profession
- Legal Regulation of Pornography
- Centre for Research into Violence and Abuse
- Durham Centre for Law and Philosophy
- Durham European Law Institute
- Gender & Law at Durham
- Human Rights Centre
- 2019: The #metoo Momentum And Its Aftermath: Digital Justice Seeking And Societal And Legal Responses(£56115.45 from )
- 2017: Revenge Pornography - The implications for law reform(£15059.74 from Australian Research Council)
- 2011: Reforming Pornography Law: liberal justifications (2011, Leverhulme Research Fellowship)
- 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)
Available for media contact about:
- Law & Crime: rape law, regulation of pornography, violence against women, gender and criminal law
- McGlynn, Clare & Johnson, Kelly (2021). Cyberflashing: Recognising Harms, Reforming Laws. Bristol University Press.
- 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.
- McGlynn, C. M. S. (2006). Families and the European Union: law, politics and pluralism. Cambridge: Cambridge University Press.
- McGlynn, C.M.S. (1998). The Woman Lawyer - making the difference. London: Butterworths.
Chapter in book
- Vera-Gray, F. & McGlynn, C. (2020). 'Regulating pornography: Developments in evidence, theory, and law'. In Research Handbook on Gender, Sexuality, and Law. Ashford, C. & Maine, A. Edward Elgar. 471-483.
- McGlynn, C., Downes, J. & Westmarland, N. (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. Abingdon, Oxon: Routledge. 179-191.
- Hunter, Rosemary McGlynn, Clare & Rackley, Erika (2010). Feminist Judgments: An Introduction. In Feminist Judgments: From Theory to Practice. Hunter, Rosemary McGlynn, Clare & Rackley, Erika Oxford: Hart Publishing. 3-29.
- 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, Clare (2007). Families and European Union Law. In Family Life and the Law: under one roof. Probert, R Aldershot: Ashgate.
- 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). The Status of Women Lawyers in the United Kingdom. In Women in the World’s Legal Professions. Schultz U. & Shaw G. Hart Publishing. 139–158.
- 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. (1999). Judging Women Differently: gender, the judiciary and reform. In Feminist Perspectives on Public Law. Millns, S. & Whitty, N. London: Routledge-Cavendish. 87-106.
- 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.
- Hunter, Rosemary. McGlynn, Clare. & Rackley, Erika. (2010). Feminist Judgments: From Theory to Practice. Oxford: Hart Publishing.
- McGlynn, Clare. and & Munro, Vanessa. (2010). Rethinking Rape Law: international and comparative perspectives. London: Routledge.
- McGlynn, C. (1998). Legal Feminisms: theory and practice. Ashgate.
- Rigotti, Carlotta & McGlynn, Clare (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).
- McGlynn, Clare (2022). Challenging anti-carceral feminism: Criminalisation, justice and continuum thinking. Women's Studies International Forum 93: 102614.
- Henry, Nicola, Gavey, Nicola, McGlynn, Clare & Rackley, Erika (2022). ‘Devastating, like it broke me’ Responding to image-based sexual abuse in Aotearoa New Zealand. Criminology & Criminal Justice
- McGlynn, Professor Clare (2022). Cyberflashing: Consent, Reform and the Criminal Law. The Journal of Criminal Law
- 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.
- Vera-Gray, Fiona, McGlynn, Clare, Kureshi, Ibad & Butterby, Kate (2021). Sexual violence as a sexual script in mainstream online pornography. British Journal of Criminology 61(5): 1243-1260.
- McGlynn, Clare & Johnson, Kelly (2021). Criminalising cyberflashing: options for law reform. Journal of Criminal Law 85(3): 171-188.
- McGlynn, Clare, Johnson, Kelly, Rackley, Erika, Henry, Nicola, Gavey, Nicola, Flynn, Asher & Powell, Anastasia (2021). ‘It’s torture for the soul’ The Harms of Image-Based Sexual Abuse. Social & Legal Studies 30(4): 541-562.
- Eaton, Asia E & McGlynn, Clare (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.
- McGlynn, Clare & Bows, Hannah (2019). Possessing Extreme Pornography: policing, prosecutions and the need for reform. Journal of Criminal Law 83(6): 473-488.
- McGlynn, Clare & Westmarland, Nicole (2019). Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice. Social and Legal Studies 28(2): 179-201.
- 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.
- McGlynn, Clare, Westmarland, Nicole & Johnson, Kelly (2018). Under the radar: the widespread use of 'Out of Court resolutions' in policing domestic violence and abuse in the United Kingdom. British journal of criminology 58(1): 1-16.
- McGlynn, Clare (2018). Challenging the law on sexual history evidence: a response to Dent and Paul. Criminal Law Review 2018(3): 216-228.
- McGlynn, Clare (2017). Rape Trials and Sexual History Evidence: reforming the law on third party evidence. Journal of Criminal Law 81(5): 367-392.
- McGlynn, Clare, Rackley, Erika & Houghton, Ruth (2017). Beyond 'Revenge Porn': The Continuum of Image-Based Sexual Abuse. Feminist legal studies 25(1): 25-46.
- McGlynn, Clare & Rackley, Erika (2017). Image-Based Sexual Abuse. Oxford Journal of Legal Studies 37(3): 534-561.
- McGlynn, Clare & Rackley, Erika (2017). More than ‘Revenge Porn’ Image-Based Sexual Abuse and the Reform of Irish Law. Irish Probation Journal 14: 38-51.
- Ward, Ian & McGlynn, Clare (2016). Women, Law and John Stuart Mill. Women's History Review 25(2): 227-253.
- McGlynn, C. & Ward, I. (2014). Would John Stuart Mill have Regulated Pornography? Journal of Law and Society 41(4): 500-522.
- Rackley, Erika & McGlynn, Clare (2013). Prosecuting the Possession of Extreme Pornography: A Misunderstood and Misused Law. Criminal Law Review (5): 400-405.
- McGlynn, Clare, Westmarland, Nicole & Godden, Nikki (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.
- McGlynn, Clare (2012). John Stuart Mill on Prostitution: Radical Sentiments, Liberal Proscriptions. Nineteenth-Century Gender Studies 8(2).
- McGlynn, C (2011). Rape, Defendant Anonymity and Human Rights: adopting a "wider perspective". Criminal Law Review (3): 199-215.
- McGlynn, C (2011). Feminism, Rape and the Search for Justice. Oxford Journal of Legal Studies 31(4): 825-842.
- McGlynn, Clare. & Ward, Ian. (2009). Pornography, Pragmatism and Proscription. Journal of Law and Society 36(3): 327-351.
- McGlynn, Clare. (2009). Rape, Torture and the European Convention on Human Rights. International and Comparative Law Quarterly 58(3): 565-595.
- McGlynn, Clare. & Rackley, Erika. (2009). Criminalising Extreme Pornography: A Lost Opportunity. Criminal Law Review (4): 245-260.
- McGlynn, Clare., Rackley, Erika. & Ward, Ian. (2009). Judging Destricted. King’s Law Journal 20(1): 53-67.
- McGlynn, Clare (2008). Rape as “Torture”? Catharine MacKinnon and Questions of Feminist Strategy. Feminist Legal Studies 16(1): 71-85.
- McGlynn, Clare & Rackley, Erika (2007). Striking a Balance: Arguments for the Criminal Regulation of Extreme Pornography. Criminal Law Review 677-690.
- McGlynn, Clare & Rackley, Erika (2007). The Politics of Porn New Law Journal 1142-1143.
- McGlynn, C. M. S. (2006). Families, Partnerships and Law Reform in the European Union: balancing disciplinarity and liberalisation. Modern Law Review 69(1): 92-107.
- McGlynn C.M.S. (2005). Family Reunion and the Free Movement of Persons in European Union Law. International Law FORUM du droit international 7(3).
- McGlynn, C.M.S. (2002). Rights for Children: the potential impact of the European Union Charter of Fundamental Rights. European Public Law 8(3): 387-400.
- McGlynn, C.M.S. (2001). The Europeanisation of Family Law. Child and Family Law Quarterly 13(1): 35-49.
- McGlynn, C. M. S. (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.M.S. (2001). ‘European Union Family Values: Ideologies of ‘Family’ and ‘Motherhood’ in European Union Law’. Social Politics 8: 325-350.
- McGlynn, C. M. S. (2001). Reclaiming a Feminist Vision: The Reconciliation of Paid Work and Family Life in European Union Law and Policy. Columbia Journal of European Law 7(2): 241-272.
- McGlynn, C.M.S. (2000). Ideologies of Motherhood in European Community Sex Equality Law. European Law Journal 6: 29-44.
- McGlynn, C.M.S. (2000). Pregnancy, Parenthood and the Court of Justice in Abdoulaye. European Law Review 25: 654-662.
- McGlynn, C.M.S. (2000). The Business of Equality in the Solicitors' Profession. Modern Law Review 63: 442-456.
- McGlynn, C.M.S. (1999). Women, Representation and the Legal Academy. Legal Studies 19: 68-92.
- McGlynn, C.M.S. (1998). An Exercise in Futility: the practical effects of the social policy opt-out. Northern Ireland Legal Quarterly 49: 60-73.
- McGlynn, C.M.S. (1996). Equality, Maternity and Questions of Pay. European Law Review 21: 327-332.
- McGlynn, C.M.S. (1996). Pregnancy Dismissals and the Webb Litigation. Feminist Legal Studies 4: 229-242.
- McGlynn, C.M.S. (1995). Webb v EMO: A Hope for the Future? Northern Ireland Legal Quarterly 46: 50-62.
- McGlynn, C.M.S. (1995). European Works Council: Towards Industrial Democracy? Industrial Law Journal 24: 78-84.
- McGlynn, C.M.S. (1995). Re-writing the Corporate Constitution. Journal of Business Law 858-590.
- McGlynn, C.M.S. (1994). The Constitution of the Company: Mandatory Statutory Provisions v Private Agreements. Company Law 10: 301-307.
- McGlynn, C (2018). Why laws on sexual history evidence still need reform. Huffington Post
- McGlynn, Clare (2018). The Upskirting Bill Must Focus On Victims, Not Perpetrators' Motives. Huffington Post
- McGlynn, C. (2018). The law must protect all victims of image-based sexual abuse, not just 'upskirting'. Huffington Post
- McGlynn, Clare & Rackley, Erika (2017). Why ‘upskirting’ needs to be made a sex crime. The Conversation
- McGlynn, Clare & O'Donoghue, Aoife (2017). Policing Upskirting: it’s serious, not funny. Huffington Post
- McGlynn, Clare & Rackley, Erika (2015). New law on 'revenge porn' is 'unlikely'to tackle hackers distributing intimate images. Holyrood
- McGlynn, Clare & Rackley, Erika (2015). More than just 'revenge porn': tackling the misuse of private sexual images. Holyrood
- McGlynn, Clare & Rackley, Erika (2015). The new law against 'revenge porn' is welcome, but no guarantee of success. The Conversation
- McGlynn, Clare & Downes, Julia (2015). Why we need a new law to combat 'upskirting' and 'downblousing'. Inherently Human
- McGlynn, Clare & Rackley, Erika (2014). The law must focus on consent when it tackles revenge porn. The Conversation
- McGlynn, Clare & Rackley, Erika (2014). Why criminalise the possession of rape pornography? New Statesman
- McGlynn, C (2009). Is big brother in the bedroom? No. The Scotsman (Sunday 18 January 2009 ).
- McGlynn, C. (1998). A law unto themselves? Times higher educational supplement
- McGlynn, C & Rubens, T (1998). Some way to go before we find equality. The Times
- McGlynn, C (1997). The time is ripe for parental leave. The Times
- McGlynn, C (1997). Where men still rule. The Times
- McGlynn, C, Rackley, E & Westmarland, N (2007). Positions on the Politics of Porn: a debate on Government plans to criminalise the possession of extreme pornography.