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One such warning issued by the Royal Canadian Mounted Police (RCMP) in 2011 claims: of Canada.Further, a person sending a photo or video, even of themselves, can be charged with Distributing Child Pornography.Recognizing that the adjective risqué derives from the French , literally meaning ‘to risk’ 8, we nevertheless start from the position that “Nothing is a risk in itself; there is no risk in reality.But on the other hand, anything can be a risk; it all depends on how one analyses the danger, considers the event” (, p. We propose that extant frameworks, which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice, rely on a calculus that is fundamentally flawed.Moreover, as Klettke and co-authors note in their systematic review of the literature regarding sexting’s prevalence rates, risks, and protective factors, researchers ought to be wary of drawing causal relationship between sexting and risky behaviours (, p. For example, individual studies may be methodologically flawed if they fail to consider the possibility and relevance of a third variable (such as a lack of progressive sexual education) that could explain the correlation between certain practices.As an example, while the long-term trend of declining teen pregnancy rates in Canada appears to have come to an end, at least for the moment, claiming that this rise is caused by increased sexting behaviours would ignore solid evidence that suggests “teenage girls are more likely to get pregnant when they have fewer education or employment opportunities to postpone child-bearing for” .
When considering the dual concerns of protecting children and protecting free expression, Chief Justice Mc Lachlin, writing on behalf of the majority, found that prohibition against possession of child pornography “captures in its sweep materials that arguably pose little or no risk to children, and that deeply implicate the freedom [of expression] guaranteed under s. Despite the existence of this exemption, present day social, political, and extra/legal debates surrounding teenage sexting in Canada tend not to acknowledge the constitutionality of this subset of teenagers’ consensual sexual expression 5.In addition to police issued warnings, a growing number of quantitative studies continue to focus their attention on sexting’s prevalence and its correlates to embodied sexual risk behaviours .Most popular among the empirical work in this area are studies examining the links between sexting and ‘high-risk sexual behaviours’ such as having multiple partners, having ‘friends with benefits’, performing and receiving oral sex, using alcohol and drugs while having sex, and engaging in unprotected sex [35,36,37,38,39].In this article, we argue that these actors have erred in their construction of youths’ risqué imagery as inherently risky and thus governable.We propose that anti-sexting frameworks—which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice—rely on a calculus that is fundamentally flawed. In Part I, we map and trouble the ways in which responses to consensual teenage sexting emphasize the practice’s relationship to embodied, financial, intimate and legal risks.
Similarly, to equate queer sexuality with increased risk of harm relies on assumptions about the diseased and contaminating nature of that orientation and the sexual acts being engaged in.