‘ Sexting ’ Sexting is a portmanteau of the words ‘ sex ’ and ‘ texting .’ 10 The term sexting first appeared in 2005 . 11 It is an adult generated term 12 which is mostly used to refer to sexual image sharing amongst those under the age of eighteen . 13 Adults do not tend to use the term ‘ sexting ’ to refer to their own sexual image sharing . 14
In England and Wales the Protection of Children Act 1978 ( PCA ), states that the sending of sexual images of under eighteens is the creation , distribution , and possession of indecent images of children . 15 This is particularly problematic for sixteen- and seventeen-year-olds who are over the legal age of sexual consent but would be breaking the law if they record consensual sexual acts .
The PCA was developed to respond to adult produced images of child sexual abuse . 16 It was not intended to be used to regulate the consensual sending of sexual images between teenagers . Even the more recent Council of Europe ‘ Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse ’ does not categorically differentiate between consensual youth sexual image sharing and images of child sexual abuse . 17 This lack of differentiation means that the subject of the image , rather than the context in which it was taken and shared , determines the legal framing . This is problematic because it risks over criminalising young people who consensually share images . 18 It also potentially silences young victims of exploitation who fear criminalisation if they report their abuse . 19
To respond to the increasing normalisation of consensual youth sexual image sharing , 20 in 2016 the College of Policing developed Outcome 21 , allowing police to close a case if images were shared consensually between peers . 21 In practice , this should mean young people are not criminalised for consensually sharing sexual images .
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