Sexting: Speech Integral To Criminal Conduct, The Age Of Consent

Adv. Shivani Meena, LL.M, Rajasthan University, Jaipur Adv. Celina, B.A. LL. B, Guru Gobind Singh Indraprastha University, New Delhi

ABSTRACT

The widespread use of online communication platforms has led to a global surge in sexually explicit messages and consensual sexting, transcending age groups from teenagers to adults. Consequently, these electronic exchanges have assumed a critical role as evidence in various court cases, particularly those involving allegations of sexual harassment and discrimination. However, a pressing and complex issue has emerged within the judicial realm: the ongoing debate regarding the admissibility of such communications, particularly sexting messages, either to challenge the credibility of sexual assault complainants or to determine their inclusion under rape shield laws as elements of an individual's sexual "conduct" or "behavior." At the heart of this controversy lies the phenomenon of youth sexting, where adolescents find themselves potentially subject to prosecution under child pornography and obscenity statutes originally designed to safeguard minors from sexual exploitation perpetrated by adults. A significant challenge arises from the statutes' inability to effectively distinguish between consensual teenage behavior and exploitative situations, giving rise to legitimate concerns. As a response, several states have introduced specific legislation addressing youth sexting.

This article conducts an in-depth exploration into the prevalence of youth sexting and scrutinizes the reactions of the criminal justice system to this behavior. It also delves into the constitutional challenges that sexting statutes and prosecutions under obscenity or child pornography charges present. Finally, the conclusion evaluates the efficacy of sexting-related laws, suggests alternative approaches to handling these cases within the legal framework, and offers recommendations for prospective research endeavors in this dynamic and evolving legal landscape.

Keywords: Youth Sexting, Adolescent sexuality, Risk, Queer temporalities, Legislation, Child pornography.