Marthe Goudsmit

Biography

My DPhil research is on image-based sexual abuse (sometimes known as ‘revenge pornography’ or ‘non-consensual pornography’). My thesis considers the nature of the wrong of image-based sexual abuse, to which end I draw from criminalisation and tort law theory, human rights law and gender-based violence frameworks; and work on the role of consent in criminal law. My project is supervised by Jonathan Herring.

This project has developed from earlier work. I started working on the issue of image-based sexual abuse in 2014 when I wrote my first Master’s thesis in Jurisprudence on the status of criminalisation of ‘revenge pornography’ in Dutch criminal law. I went on to doing a conceptual analysis of image-based sexual abuse towards a master's thesis in Philosophy.

Besides my DPhil I teach law at several colleges in Oxford, which I very much enjoy doing. I am also the convenor of the medical law and ethics discussion group and the criminal law discussion group.

Before I came to Oxford for my DPhil I taught law at Leiden University. This is also where I studied law and philosophy and obtained master’s degrees in Jurisprudence (LL.M), Philosophy (MA) and Public International Law (LL.M).

Publications

Recent additions

MLR Goudsmit, 'What Makes a Sex Crime? : A Fair Label for Image-Based Sexual Abuse' (2021) 2 Boom Strafblad 67

DOI: 10.5553/Bsb/266669012021002002005
This article considers why image-based sexual abuse (‘ibsa’) should be classified as a sexual offence. The article briefly considers harmfulness, and then moves to discuss the principle of fair labelling. Classification of offences should be informed by the wrongdoing they address. A conceptual analysis of sexual offences shows that sexual wrongs warrant labelling as sexual offences. The infringement of the right to sexual autonomy in ibsa means the nature of the wrong is sexual. Ibsa should be a sex crime.
MLR Goudsmit, 'Mandatory Vaccination and the Infringement of Children’s Article 8 Rights for their Parents’ non-compliance' (2021) Journal of Social Welfare and Family Law [Case Note]

DOI: 10.1080/09649069.2021.1953853
MLR Goudsmit, 'Criminalising Image-Based Sexual Abuse : An Analysis of the Dutch Law Against 'Revenge Pornography'' (2019) 68 Ars Aequi 442

This article defines image-based sexual abuse, rejects the term ‘revenge pornography’ and analyses the Dutch bill of article 139h Sr intended to criminalise image-based sexual abuse. Issues regarding the intention of the perpetrator, victim-blaming and the sexual breach of privacy are reviewed in connection to the likely fairness and effectiveness of the bill.
ISBN: 0004-2870

Case Note (1)

MLR Goudsmit, 'Mandatory Vaccination and the Infringement of Children’s Article 8 Rights for their Parents’ non-compliance' (2021) Journal of Social Welfare and Family Law [Case Note]

DOI: 10.1080/09649069.2021.1953853

Journal Article (2)

MLR Goudsmit, 'What Makes a Sex Crime? : A Fair Label for Image-Based Sexual Abuse' (2021) 2 Boom Strafblad 67

DOI: 10.5553/Bsb/266669012021002002005

This article considers why image-based sexual abuse (‘ibsa’) should be classified as a sexual offence. The article briefly considers harmfulness, and then moves to discuss the principle of fair labelling. Classification of offences should be informed by the wrongdoing they address. A conceptual analysis of sexual offences shows that sexual wrongs warrant labelling as sexual offences. The infringement of the right to sexual autonomy in ibsa means the nature of the wrong is sexual. Ibsa should be a sex crime.

MLR Goudsmit, 'Criminalising Image-Based Sexual Abuse : An Analysis of the Dutch Law Against 'Revenge Pornography'' (2019) 68 Ars Aequi 442

This article defines image-based sexual abuse, rejects the term ‘revenge pornography’ and analyses the Dutch bill of article 139h Sr intended to criminalise image-based sexual abuse. Issues regarding the intention of the perpetrator, victim-blaming and the sexual breach of privacy are reviewed in connection to the likely fairness and effectiveness of the bill.

ISBN: 0004-2870