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Child pornography refers to pornographic material depicting children being sexually abused.[1] Children are sexually abused in the production of child pornography when sexual acts are photographed, and the effects of the abuse are compounded by the wide distribution of the photographs of the abuse.[2] Legal definitions of child pornography generally refer to any pornography involving a minor, varying by jurisdiction and with regards to the age of consent and other laws. For research purposes, child pornography often refers to any recording (photograph, video, or audio) of sexual activity involving a prepubescent child.[2]

According to the United States organization The National Center for Missing and Exploited Children (NCMEC) and other international sources, child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the Internet. [3][4][5][6][7][8][9] Recent investigations include Operation Cathedral that resulted in multi-national arrests and 7 convictions as well as uncovering 750,000 images with 1,200 unique identifiable faces being distributed over the web; Operation Amethyst which occurred in the Republic of Ireland; Operation Auxin; Operation Avalanche; Operation Ore based in the United Kingdom; Operation Pin; Operation Predator; the 2004 Ukrainian child pornography raids and the 2008 US child pornography raid. New technology that aids those who produce this material include inexpensive digital cameras and Internet distribution has made it easier than ever before to produce and distribute child pornography though in 2008 the Google search engine adapted a software program in order to track people looking for child pornography through their site. [10] The producers of child pornography try to avoid prosecution by distributing their material across national borders, though this issue is increasingly being addressed with regular arrests of suspects from a number of countries occurring over the last few years, see above.[3][2] According to the NCMEC, approximately one fifth of all Internet pornography is child pornography. [3] Child pornography is illegal in most countries with coordinated enforcement by Interpol and policing institutions of various governments, including among others the United States Department of Justice. [2]

Child pornography may be simulated by the use of computers[11] or adults made to look like children.[12] For simulated child pornography that is produced without the direct involvement of children, there is some controversy regarding whether or not such simulated child pornography is abusive to children. The legal status of simulated or "virtual" child pornography varies around the world; for example, it is legal in the United States, it is illegal in the European Union, and in Australia its legal status is unclear and so far untested in the courts.[13][14][15]

Child sexual abuse in production and distribution

Children of all ages, including infants,[16] are abused in the production of pornography internationally. Estimates of the number of children worldwide involved in child pornography range from thousands to hundreds of thousands. "While impossible to obtain accurate data, a perusal of the child pornography readily available on the international market indicates that a significant number of children are being sexually exploited through this medium."[17] The United States Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone.[6] There is an increasing trend towards younger victims and greater brutality; according to Flint Waters, an investigator with the federal Internet Crimes Against Children Task Force. "These guys are raping infants and toddlers. You can hear the child crying, pleading for help in the video. It is horrendous." [18]

The United Kingdom Children's charity NCH have stated that demand for child pornography on the Internet has led to an increase in sex abuse cases, due to an increase in the number of children abused in the production process.[19]

In a study analyzing men arrested for child pornography possession in the United States over a one year period from 2000 to 2001, most had pornographic images of prepubescent children (83%) and images graphically depicting sexual penetration (80%). Approximately 1 in 5 (21%) had images depicting violence such as bondage, rape, or torture and most of those involved images of children who were gagged, bound, blindfolded, or otherwise enduring sadistic sex. More than 1 in 3 (39%) had child-pornography videos with motion and sound. 79% also had what might be termed softcore images of nude or semi-nude children, but only 1% possessed such images alone. Law enforcement found about half (48%) had more than 100 graphic still images, and 14% had 1,000 or more graphic images. Forty percent (40%) were "dual offenders," who sexually victimized children and possessed child pornography. [20]

A recent study in Ireland, undertaken by the Garda Síochána, revealed the most serious content in a sample of over 100 cases involving indecent images of children. In 44% of cases, the most serious images depicted nudity or erotic posing, in 7% they depicted sexual activity between children, in 7% they depicted non-penetrative sexual activity between adults and children, in 37% they depicted penetrative sexual activity between adults and children, and in 5% they depicted sadism or bestiality. [21]

Masha Allen, who was adopted at age 8 from the former Soviet Union by an American man who sexually abused her for five years and posted the pictures on the Internet testified before the United States Congress about the anguish she has suffered at the continuing circulation of the pictures of her abuse, to "put a face" on a "sad, abstract, and faceless statistic," and to help pass a law named for her. [22] "Masha's Law," included in the Adam Walsh Child Protection and Safety Act passed in 2006, includes a provision which allows young people 18 and over to sue those who download pornographic images taken of them when they were children in civil court. [23] U.S Attorney Bob Balfe stated that 85 percent of those we prosecuted for child pornography are also child molesters. He cited national statistics stating that 83 percent of child pornography cases are of children between six and twelve years old, 40 percent are of children between three and five years old and 19 percent are of children age two or younger. [24]

Effect on child sexual abuse prevalence in society

A 2008 review of the use of Internet communication to lure children outlines the possible links to actual behaviour regarding the effects of Internet child pornography.[25] One perspective is that exposure to child pornography stimulates and provokes criminal sexual intent that otherwise would not exist. Exposure to child pornography might heighten desire and motivation to act on urges by decreasing internal restraints. Anonymity (or belief that anonymity exists) may further loosen the internal restraints, such that the individual "practices" molestation in the imagination, facilitated by still or moving images, which makes actual criminal sexual behaviour with children more probable if the person was already sexually motivated toward children, or, by creating new sexual interests in children . The review article states that these are plausible hypotheses,[25] but that there is a lack of clarity as to the general applicability of these mechanisms.

A longitudinal study of 341 convicted child molesters found that pornography use added significantly to their rate of sexually re-offending. Frequency of pornography use was primarily a further risk factor for higher-risk offenders, when compared with lower-risk offenders, and use of highly deviant pornography increased the recidivism risk for all groups. [26] The majority of men who have been charged with or convicted of child pornography offenses show pedophilic profiles on phallometric testing.[27] A study with a sample of 201 adult male child pornography offenders using police databases examined charges or convictions after the index child pornography offense(s). 56% of the sample had a prior criminal record, 24% had prior contact sexual offenses, and 15% had prior child pornography offenses. One-third were concurrently charged with other crimes at the time they were charged for child pornography offenses. 17% of the sample offended again in some way during this time, and 4% committed a new contact sexual offense. Child pornography offenders with prior criminal records were significantly more likely to offend again in any way during the follow-up period. Child pornography offenders who had committed a prior or concurrent contact sexual offense were the most likely to offend again, either generally or sexually.[28]

According to the Mayo Clinic, studies and case reports indicate that 30% to 80% of individuals who viewed child pornography and 76% of individuals who were arrested for Internet child pornography had molested a child.[29] A study conducted by psychologists at the Federal Bureau of Prisons has concluded that "many Internet child pornography offenders may be undetected child molesters", finding a slightly higher percentage of molesters among child pornography offenders than the Mayo Clinic study, though they also "cautioned that offenders who volunteer for treatment may differ in their behavior from those who do not seek treatment." The study was withdrawn by Bureau officials from a peer-reviewed journal which had accepted it for publication, with the New York Times speculating this was due to concerns that the results could be misinterpreted.[30] Child protection advocates and psychologists like Fred Berlin, who heads the National Institute for the Study, Prevention and Treatment of Sexual Trauma, expressed disapproval over the failure to publish the report.[30] A 1987 report by the USA National Institute of Justice described "a disturbing correlation" between traders of child pornography and acts of child molestation. [31]

Dennis Howitt (1995) disagrees with such research, explaining the weakness of correlational studies. He argues that "one cannot simply take evidence that offenders use and buy pornography as sufficient to implicate pornography causally in their offending. The most reasonable assessment based on the available research literature is that the relationship between pornography, fantasy and offending is unclear."[32]

According to the New York Times, "At least some men convicted of sexual abuse say that child pornography from the Internet fueled their urges. In a recent interview, one convicted pedophile serving a 14-year sentence in a Canadian federal prison said that looking at images online certainly gave him no release from his desires - exactly the opposite: 'Because there is no way I can look at a picture of a child on a video screen and not get turned on by that and want to do something about it.' he said." [30] According to the National District Attorneys Association, "In light of the documented link between individuals who view child pornography and individuals who actually molest children, each child pornography case should be viewed as a red flag to the possibility of actual child molestation." [33] The NCH has noted that "Many pedophiles acknowledge that exposure to child abuse images fuels their sexual fantasies and plays an important part in leading them to commit hands-on sexual offenses against children." [34]

Others, such as Czech sex therapist Petr Weiss,[35] and Canadian Justice Jeff Shaw,[36] believe that child pornography use may decrease cases of child sexual abuse by allowing pedophiles to sublimate their desires.

Internet proliferation

Philip Jenkins notes that there is "overwhelming evidence that [child pornography] is all but impossible to obtain through nonelectronic means."[37] The Internet has radically changed how child pornography is reproduced and disseminated, and, according to the United States Department of Justice, resulted in a massive increase in the "availability, accessibility, and volume of child pornography."[38] The production of child pornography has become very profitable and is no longer limited to pedophiles.[39]

Digital cameras and Internet distribution facilitated by the use of credit cards and the ease of transferring images across national borders has made it easier than ever before for users of child pornography to obtain the photographs and videos.[3][2] The NCMEC estimated in 2003 that 20% of all pornography traded over the Internet was child pornography, and that since 1997 the number of child pornography images available on the Internet had increased by 1500%. [3]

In 2007, the British-based Internet Watch Foundation reported that child pornography on the Internet is becoming more brutal and graphic, and the number of images depicting violent abuse has risen fourfold since 2003. The CEO stated "The worrying issue is the severity and the gravity of the images is increasing. We're talking about prepubescent children being raped." About 80 percent of the children in the abusive images are female, and 91 percent appear to be children under the age of 12. Prosecution is difficult because multiple international servers are used, sometimes to transmit the images in fragments to evade the law.[40]

Regarding internet proliferation, the US DOJ states that "At any one time there are estimated to be more than one million pornographic images of children on the Internet, with 200 new images posted daily." They also note that a single offender arrested in the U.K. possessed 450,000 child pornography images, and that a single child pornography site received a million hits in a month. Further, that much of the trade in child pornography takes place at hidden levels of the Internet, and that it has been estimated that there are between 50,000 and 100,000 pedophiles involved in organized pornography rings around the world, and that one third of these operate from the United States.

Collection by pedophiles

According to FBI agent Ken Lanning, pedophiles are particularly obsessive about collecting, organizing, categorizing, and labeling their child pornography collection according to age, gender, sex act and fantasy. "Collecting" pornography does not mean that they merely view pornography, but that they save it, and "it comes to define, fuel, and validate their most cherished sexual fantasies." An extensive collection indicates a strong sexual preference for children, and a pedophile's pornography collection is the single best indicator of what he wants to do. [41] The National Society for the Prevention of Cruelty to Children describes researchers Taylor and Quayle's analysis of pedophile pornography collecting:

"The obsessive nature of the collecting and the narrative or thematic links for collections, led to the building of social communities on the internet dedicated to extending these collections. Through these 'virtual communities' collectors are able to downgrade the content and abusive nature of the collections, see the children involved as objects rather than people, and their own behaviour as normal: It is an expression of 'love' for children rather than abuse." [42]

These offenders are likely to employ elaborate security measures to avoid detection. The US DOJ notes that "There is a core of veteran offenders, some of whom have been active in pedophile newsgroups for more than 20 years, who possess high levels of technological expertise. Pedophile bulletin boards often contain technical advice from old hands to newcomers."

International perspectives

The United Nations Convention on the Rights of the Child ("UNCRC"), which has been ratified by an overwhelming majority of the nations of the world, identifies child pornography as a violation against children and requires that nations who are parties to the convention take measures to prevent the exploitative use of children in pornographic materials. [17] Where child pornography involves depictions of children engaging in sexual conduct, the production of this material is prohibited legally in UN member countries.[43]

Relation to sex tourism

One source of child pornography distributed worldwide is that created by sex tourists. Most of the victims of child sex tourism reside in the developing countries of the world. In 1996, a court in Thailand convicted a German national of child molestation and production of pornography for commercial purposes; he was involved in a child pornography ring which exploited Thai children. A sizable portion of the pornography seized in Sweden and in the Netherlands in the 1990s was produced by sex tourists visiting South-east Asia.[17] INTERPOL works with its 186 member countries to combat the problem, and launched its first-ever successful global appeal for assistance in 2007 to identify a Canadian man, Christopher Paul Neil, featured in a series of around 200 photographs in which he was shown sexually abusing young Vietnamese and Cambodian children.[44]

Organized crime

Organized crime is involved in the production and distribution of child pornography, which is found as a common element of organized crime profiles. [31][45] When criminals organize to produce and distribute child pornography, they are often called "sex rings." [46][47][48][49][50] In 2003, an international police investigation uncovered an immense Germany-based child pornography ring involving 26,500 suspects who swapped illegal images on the Internet in 166 different countries. [51]In a 2006 case, US and international authorities charged 27 people in nine states and three countries in connection with a child pornography ring that US federal authorities described as "one of the worst" they have discovered. The assistant secretary for Immigration and Customs Enforcement added that the case reflected three larger trends that are becoming more common in child pornography rings. One is the increasing prevalence of "home-grown" pornographic images that are produced by predators themselves, and include live streaming video images of children being abused, not just the circulation of repeated images. Another trend is the growing use of sophisticated security measures and of peer-to-peer networking, in which participants can share files with one another on their computers rather than downloading them off a web site. The group used encryption and data destruction software to protect the files and screening measures to ensure only authorized participants could enter the chat room. A third trend is the increasingly violent and graphic nature of the images involving the abuse of younger children. [52]

According to Jim Gamble, CEO of the Child Exploitation and Online Protection Centre, around 50 per cent of sites showing children being abused are operated on a pay-per-view basis. "The people involved in these sites often aren't doing it because they're deviant by nature. They're doing it because they're business people. It's risk versus profits. We need to reduce the profit motivation." The CEOPP was established in 2006, and targets the finances of organised criminal gangs selling images of child abuse. [53]

International coordination of law enforcement

One of the primary mandates of the international policing organization Interpol is the prevention of crimes against children involving the crossing of international borders, including child pornography and all other forms of exploitation and trafficking of children.[54][55]

The USA Department of Justice coordinates programs to track and prosecute child pornography offenders across all jurisdictions, from local police departments to federal investigations, and international cooperation with other governments.[2] Efforts by the Department to combat child pornography includes the National Child Victim Identification Program, the world's largest database of child pornography, maintained by the Child Exploitation and Obscenity Section of the United States Department of Justice and the National Center for Missing and Exploited Children (NCMEC) for the purpose of identifying victims of child abuse.[56][57] Police agencies have deployed trained staff to track child pornography files and the computers used to share them as they are distributed on the Internet, and they freely share identifying information for the computers and users internationally.[58]

When child pornography is distributed across international borders, customs agencies also participate in investigations and enforcement, such as in the 2001-2002 cooperative effort between the United States Customs Service and local operational law enforcement agencies in Russia. A search warrant issued in the USA by the Customs Service resulted in seizing of computers and email records by the Russian authorities, and arrests of the pornographers.[59]

In spite of international cooperation, less than 1 percent of children who appear in child pornography are located and rescued by law enforcement each year, according to Interpol statistics.[60]

Pakistan

Child Pornography is illegal, and the government has taken many measures to stop child pornography from coming from across the border with India. India is home to much child pornography because of poverty. In Pakistan if it is found that any group of person either on internet or in any form of print or electronic medium is involved in child pornography then the law gives the sentence of life imprisonment or even death to those persons.

Canada

Canadian law forbids the production, distribution, and possession of child pornography. Prohibition covers the visual representations of sexual activity by persons under the age of 18 years (although prosecutions in cases where all involved are over 14 are rare)[citation needed] and the depiction of their sexual organ/anal region for a sexual purpose, unless an artistic, educational, scientific, or medical justification can be provided. It also includes the written depictions of children engaging in sexual activity.[61] Courts in Canada can also issue orders for the deletion of material from the internet from any computer system within the court's jurisdiction [62]

One early application of this law was the Eli Langer case. In 1993, this Toronto artist had an exhibition at the Mercer Gallery. His drawings included images of children in sexual positions. Police raided the gallery and confiscated the works. Langer was eventually acquitted after a trial because his work was considered "artistic" enough to be protected speech.

Law that addresses dynamic aspects of the Internet by regulating the nature of live-time chatting and email communications that may relate to enticing children for pornographic (e.g., web cam) or other sexual purposes has passed in 2002.[63] It also criminalizes the intentional access of child pornography.[64]

The Philippines

On September 15, 2007, the Children and Youth Secretariat of the Anti-Child Pornography Alliance (ACPA-Pilipinas) in the Philippines launched Batingaw Network "to protect and save children from all forms of abuses and exploitations." It is the largest anti-child pornography movement in the Philippines to date. It declared September 28 as the "National Day of Awareness and Unity against Child Pornography.[65]

United States

In the United States, child pornography is illegal under federal law and in all states. Although child pornography may be obscenity, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the US Supreme Court to be outside the protection of the First Amendment regarding free speech,[31] it is defined differently from obscenity. Federal sentencing guidelines regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.[66] In May, 2008 the Supreme Court of the United States upheld the 2003 federal law Section 2252A(a)(3)(B) of Title 18, United States Code that criminalizes the pandering and solicitation of child pornography, in a 7-to-2 ruling penned by Justice Antonin Scalia. The court ruling dismissed the United States Court of Appeals for the 11th Circuit's finding the law unconstitutionally vague.[67][68]

Artificially generated or simulated imagery

A small fraction of child pornography is produced without the direct involvement of children in the production process itself. Forms of artificially generated child pornography include: modified photographs of real children, non-minor teenagers made to look younger, and fully computer-generated imagery. Drawings or animations that depict sexual acts involving children but are not intended to look like photographs may also be considered by some to be child pornography. An example of this is the cartoon genre known as Lolicon that has been the subject of much controversy regarding whether or not its presence in the society contributes to child sexual abuse [69][70]

In the United States, "virtual" child pornography, "that appears to -- but does not -- depict real children", was illegal under the federal 1996 Child Pornography Prevention Act until the Supreme Court invalidated that portion of the law in 2002.[71][13][72][73][74] Claiming that the pornography was simulated is an affirmative defense which can be raised by defendants, and the National Child Victim Identification Program must use image analysis to prove actual children were used. According to the head of the U.S. Department of Justice's Child Exploitation and Obscenity Section, the availability of the defense that pornography could hypothetically have been computer generated has resulted in defense attorneys using the defense without "any shred of evidence there are wholly computer-generated images being generally circulated and passed off as real children out there." [75]

Virtual child pornography is illegal in the European Union; in Germany it is punishable by up to five years in prison.[15][14] In the Australian state of Victoria, it is illegal to publish imagery that "describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context", however the application of this law to virtual child pornography has not yet been tested in the courts. [15]

Google announced in 2008 that it is working with NCMEC to help automate and streamline how child protection workers sift through millions of pornographic images to identify victims of abuse. Google has developed video fingerprinting technology and software to automate the review of some 13 million pornographic images and videos that analysts at the center previously had to review manually.[76]

The purported link between use of child pornography and child abuse has been used to justify the prohibition of sexual depictions of children, whether their production involves child abuse or not.[77] This link is itself disputed: "Considerable controversy exists within the social and behavioral science community about the negative effects, if any, of child pornography upon the behavior of potential or actual offenders. ... Many researchers have come to the conclusion that there is no sound scientific basis for concluding that exposure to child pornography increases the likelihood of sexual abuse of children. Others have suggested that there is a consistent correlation between the use of pornography and sexual aggression."[78]

See also

References

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  55. ^ Bantekas, Ilias (2003). International Criminal Law 2/E. Routledge Cavendish. pp. p265. ISBN 1859417760. {{cite book}}: |pages= has extra text (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  56. ^ Houston Chronicle, "Government developing huge child porn database". 4 April 2003
  57. ^ CBS News, "Combating Kiddie Porn", 6 April 2003
  58. ^ "Police methods for illegal pornography investigation". 2008. Retrieved 2008-05-09.
  59. ^ Shelley, Louise (Winter 2002). "Transnational crime: The case of Russian organized crime and the role of international cooperation in law enforcement". Demokratizatsiya.
  60. ^ "Clues Caught on Tape Key to Child Porn Cases". Abcnews. Retrieved 2008-04-30. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  61. ^ Criminal Code of Canada, section 163ff, accessed 2008-01-10
  62. ^ Government of Canada. "BILL C-15A: AN ACT TO AMEND THE CRIMINAL CODE AND TO AMEND OTHER ACTS". Retrieved 2008-05-09.
  63. ^ "STRONGER CHILD PORNOGRAPHY LAWS RECEIVE ROYAL ASSENT". Government of Canada. 2002-06-10. Retrieved 2008-02-04.
  64. ^ "BILL C-15A: AN ACT TO AMEND THE CRIMINAL CODE AND TO AMEND OTHER ACTS". The Parliament of Canada. 2002-09-30. Retrieved 2008-02-04.
  65. ^ Abs-Cbn Interactive, Batingaw vs child porn launched
  66. ^ "Sex Offenses Against Children: Findings and Recommendations Regarding Federal Penalties (as directed in the Sex Crimes Against Children Prevention Act of 1995, Section 6, Public Law 104-71)". United States Sentencing Commission. June 1996: p9. {{cite journal}}: |pages= has extra text (help); Cite journal requires |journal= (help)
  67. ^ nytimes.com, Supreme Court Upholds Child Pornography Law
  68. ^ www.supremecourtus.gov,UNITED STATES v. WILLIAMS, No. 06–694, Decided May 19, 2008
  69. ^ Tony McNicol (2004-04-27). "Does comic relief hurt kids?". The Japan Times. Retrieved 2008-01-18. {{cite news}}: Check date values in: |date= (help)
  70. ^ "'Rorikon' trade nurturing a fetish for young females". Japan Today. 2004-03-22. Retrieved 2008-01-13. {{cite web}}: Check date values in: |date= (help)
  71. ^ Ashcroft v. Free Speech Coalition (00-795) 535 U.S. 234 (2002) 198 F.3d 1083, affirmed.
  72. ^ Child Pornography Patterns from NIBRS, David Finkelor and Richard Ormrod, December 2004, Department of Justice website
  73. ^ Battle Over Simulated Child Porn, CNET News.com, Courtney Macavinta, August 8, 1997
  74. ^ Child Pornography, Adultweblaw.com
  75. ^ "Verifying manipulated photos adds time, costs to child-porn cases". Seattle Times. Retrieved 2008-04-30. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  76. ^ "Google enlists video ID tools to fight child porn". Msnbc. Retrieved 2008-04-30. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  77. ^ Government of Canada (1984). Report of the Committee on Sexual Offenses against Children and Youth, Vols. 1-11, and summary. Government of Canada, Department of Supply and Service as "Badgely Report; Cat. No. J2-50/1984/E, Vols. 1-11, H74-13/1984-1E, Summary".
  78. ^ Submitted by ECPAT - expert panel (1996). "Child Pornography: An International Perspective" (PDF). Retrieved 2008-05-31. Considerable controversy exists within the social and behavioural science community about the negative effects, if any, of child pornography upon the behaviour of potential or actual offenders. The main reason for the debate is that it is virtually impossible to conduct research in the laboratory using standard scientific methods which yield statistically reliable results. The constraints of ethical research, false reporting, interviewer distortion and a whole host of other problems contribute to the difficulty of acquiring scientific results. Many researchers have come to the conclusion that there is no sound scientific basis for concluding that exposure to child pornography increases the likelihood of sexual abuse of children. Others have suggested that there is a consistent correlation between the use of pornography and sexual aggression. Some social scientists interpret the research to indicate that the use of child pornography is a precursor to other sex crimes and that child pornography is fuel to feed the obsession of paedophilia;23 others conclude that it is a safety valve that prevents such crimes. (p. 8.) {{cite web}}: |author= has generic name (help); line feed character in |quote= at position 304 (help)
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