28th January 2026

I need the ERA because… online abuse can lead to offline harm

Online sexual exploitation and abuse (OSEA) is part of a broader continuum of gender-based violence that causes real-world harm. This factsheet explains how gaps in US constitutional and statutory protections limit effective responses to OSEA, and how the Equal Rights Amendment (ERA) could strengthen prevention and accountability mechanisms, enabling better access to justice. By establishing sex equality as a constitutional mandate, the ERA would support coordinated, rights-based action to address the gendered nature of online abuse and its offline impacts.

What’s inside the factsheet?

  • What online sexual exploitation and abuse is, and how it operates across digital and physical spaces
  • Evidence showing the growing scale of OSEA and its links to sex trafficking and gender-based violence
  • Why existing US federal and state laws fall short in addressing OSEA
  • How constitutional gaps limit Congress’s authority to act
  • What the Equal Rights Amendment could change in law, policy and accountability

Who’s it for?

  • Policymakers and legislators working on gender equality, digital safety and violence prevention
  • Civil society organisations and advocates addressing online abuse, trafficking and survivors’ rights
  • Legal experts and researchers examining constitutional equality and technology-facilitated violence
  • Members of the public and allies seeking to understand why the ERA matters in the digital age

Key takeaways and recommendations

Equality Now’s analysis shows that the ERA could play a critical role in addressing online sexual exploitation and abuse by:

  • Establishing sex equality as a constitutional mandate, strengthening the legal basis for addressing gender-based violence, including OSEA.
  • Expanding Congress’s authority to pass comprehensive federal laws addressing gender-based discrimination and violence, including harms that occur online.
  • Supporting equality-by-design and safety-by-design approaches, requiring technology platforms to integrate prevention and equality principles into product design and policies.
  • Enabling stronger regulation of technology companies whose platforms facilitate gender-based exploitation and abuse.
  • Opening pathways to civil remedies so survivors of OSEA can seek meaningful access to justice.
  • Requiring courts to apply strict scrutiny to laws or practices that discriminate on the basis of sex, strengthening protections against discriminatory responses to online abuse.

Explore more resources

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I need the ERA because… inequality harms everyone, including men

The path to constitutional equality in the US has been framed primarily as a women’s issue. But true equality benefits everyone.

I need the ERA because…paid care is a right – Gender equality and the care economy

This factsheet highlights how the absence of the ERA in the US Constitution perpetuates sex discrimination, limiting women’s economic and caregiving rights, and calls for its adoption to ensure legal protections and social support.

I need the ERA because…without the ERA, the US violates international law

This factsheet explains how adopting the Equal Rights Amendment (ERA) would strengthen gender equality in the U.S., eliminate sex-discriminatory laws, uphold the right to non-discrimination, and align the U.S. with international human rights standards.

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