Child pornography possessors: Comparisons and contrasts with contact- and non-contact sex offenders

Abstract

The advent of the internet has facilitated a dramatic increase in the number of individuals accessing and possessing child pornography and a corresponding increase in referrals for assessment and treatment. Questions remain regarding whether child pornography possessors are more similar to or different from other types of sex offenders, and whether or not assessment and treatment protocols for contact and non-contact sex offenders are applied appropriately to child pornography offenders. The present study compared 50 child pornography offenders, 45 non-contact sex offenders and 101 contact child molesters. The results indicated that the three groups were more similar than different; however, child pornography offenders were distinguished by greater academic and vocational achievement, fewer childhood behaviour problems and by select relational variables. Recidivism rates were low for all groups.     

Pornography and men's practices

Abstract

Summary: This article addresses the inter-relationship between pornography and sexual violence. Its particular focus is a political analysis of pornography within a context of gender politics, using concepts from feminist standpoint theory and recent theorising about men. It examines extant research concerning the effects of pornography, and critiques the predominantly positivist assumptions of such research. The article concludes with some ideas for enabling men to challenge pornography and its uses.     

The internet and offending behaviour: A case study

Abstract

Summary: The COPINE Project at the Department of Applied Psychology, seeks to address children's vulnerability in relation to the Internet and child pornography. As part of the project, offenders convicted of downloading such images have been interviewed. This paper considers existing models of offender behaviour alongside literature relating to Internet use. A single case study is used to illustrate a process-focused model of offending, using interview material to demonstrate how the offender represented and accounted for his behaviour. The offender in question had no history of engaging in sexual behaviour with actual children, but his case illustrated many of the stages described by offenders in their involvement with pornography, including: setting events, engagement, collecting behaviour, and the emergence of relationships.     

Revisiting the use of pornography by sexual offenders: Implications for theory and practice

Abstract

Summary: This article examines the extant research on the use of pornography by sexual offenders and some of the debates engendered by such use. The analyses should assist in clarifying a number of issues of concern for all who work in the field of sexual offending.     

‘Welcome to the rape camp’: Sexual exploitation and the internet in cambodia

Abstract

Summary: This article reports a piece of original research into the links between the trafficking in women and children across the globe and how such trafficking practices have been facilitated by developments in technology and telecommunications. The connections between prostitution in the Mekong Sub-Region, pornography on the Internet, and sex tourism have also been researched, based on the experiences of women and children and the men who exploit them.     

The failure of british obscenity law in the regulation of pornography

Abstract

Summary: In this paper the author addresses the problem of pornography with particular reference to legal regulation in England and Wales against the wider context of the lack of adequate control of pornography world-wide. This is explored first by an examination of the nature and increasing availability of pornography. Second, is provided a consideration of the competing philosophical and ideological arguments for and against its regulation. Third, is provided a statement of the current legal regulatory mechanisms of control germane to the global dissemination of pornography. Finally, the application and effectiveness of obscenity law in England and Wales is considered.     

Pornography and the construction of misogyny

Summary

In this paper I return to my work in Pornography: Women, Violence and Civil Liberties, the edited volume published in 1992 by Oxford University Press, and subsequently my work on pornography, harm and human rights (Itzin, 1995, 1996a), and to pornography and child sexual abuse (Itzin, 1996b, 1997a,b, 2000a,b,c). I draw from and build on that work and from the contents of the pornography special issue of the Journal of Sexual Aggression (Itzin and Cox, 2000). This paper covers key issues such as legislation and regulation, censorship' and ‘freedom’, the literature on pornography effects, the role of pornography in the aetiology of sex offending and in the construction of desire. In particular, the paper is concerned with theorising aetiology, causality and the ‘epistemology of public policy’ on pornography. It draws from and builds on the scholarship and activism of radical feminism in conceptualising and campaigning against pornography-related harm.     

The three dimensions of online child pornography offending

Abstract

The internet has opened up opportunities for non-contact sex offending, such as the viewing of child pornography. This paper proposes a model for the classification of child pornography offenders as an aid for their assessment and treatment, deducted from empirical studies and existing typologies for child pornography offenders. Different subgroups of child pornography offenders may be described according to three dimensions: (1) type of offending, (2) the motivation behind child pornography offending and (3) the situational and social engagement in the offending behaviour. Distinct pathways of child pornography offending can be identified, related to differing criminogenic needs, severity of offending, and appropriate assessment and treatment strategies for the offenders.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.     

Developmental and offence-related characteristics of different types of adolescent sex offender: A community sample

Abstract

Offence-related and developmental characteristics were compared in subgroups of a sample (n=184) of male sex offenders aged between 10 and 21 [mean=16.07; standard deviation (SD)=2.09] referred to a specialist community facility. Important differences were observed on key developmental and offence-related variables between adolescents who targeted peers/adults and those who targeted children. These differences support the validity of the distinction between these two groups. Much smaller subgroups with mixed (i.e. peer and child) victims, internet child pornography and indecent exposure offences are also described. The sample was followed-up for a mean period of 4 years 6 months (SD=30.5 months), during which a small number re-offended sexually (n=13) and many more re-offended non-sexually (n=90). Relationships between engagement with treatment and some background and offence-related variables were identified and these are discussed.     

Justice quarterly 1994 reviewers

Although recent court decisions have emphasized the importance of local community standards in defining and regulating pornography, virtually none of the empirical studies have examined the effects of predictors when the geographic location of the outlet source is varied. Data collected from a random sample of residents in one county were used to compare the effects of explanatory factors on citizens' attitudes toward various forms of pornography at different geographic distances. Findings demonstrated that some variables have consistent effects on attitudes toward pornography; others exert a stronger influence when citizens are considering outlet sources in their own neighborhood versus other locations, and vice versa.     

Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”     

Regina v. Butler: The harms approach and freedom of expression

In Regina v. Butler the Supreme Court of Canada explicitly accepted the argument that obscenity law should be based on harm rather than morality. The court's opinion, and the view of certain feminists, depends heavily on social science research that shows exposure to some pornographic materials may have harmful effects. However, an analysis of these studies indicates that the findings encompass a wide range of stimuli and are not limited to pornography. Based on the research, the court's shift to a harms approach should logically include all presentations containing harmful messages, regardless of the degree of sexual explicitness. As such, this article argues that the court has not really abandoned its moral approach to obscenity. It has just disguised it by adopting the rhetoric of harmfulness.     

Now you see it,now you don’t: digital images and the meaning of ‹possession’

The advent of digital technology has had a profound impact on the production and distribution of child pornography. The international trade in such material is a major focus of law enforcement agencies around the world. Central to these efforts is the offence of ‹possession.’ However, concepts of possession in the criminal law evolved in the context of tangible items such as drugs, and their application to intangible data presents significant challenges. Drawing upon the laws of Australia, Canada, England and the United States, this article analyses the concept of criminal possession in a digital context. While courts and legislatures are adapting to these new challenges, in some cases it is argued that the offence of possession is being stretched too far. It is suggested that some of these difficulties may be avoided by utilising an offence of ‹accessing’ child pornography. Senior Lecturer, Faculty of Law, Monash University. I am grateful to Dr. Dale Smith for his helpful comments on an earlier draft of this article.     

Examining the role of pornography and rape supportive cognitions in lone and multiple perpetrator rape proclivity

ABSTRACT

Since a substantial proportion of sexual offenders are not apprehended, researchers have introduced methods to test the propensity to sexually offend among the general public. Proclivity measures assess self-reported sexual interest in lone and multiple perpetrator sexual offending or rape (MPR), and can examine students and community members who indicate a proclivity to sexually offend. This study examines the role of pornography use and rape supportive cognitions to influence proclivity. Anonymous online data was collected from 295 male university students to assess the role of rape supportive cognitions and pornography use in predicting lone and MPR proclivity. Only rape supportive cognitions predicted scores on lone and MPR proclivity measures.     

Internet subcultures and pathways to the use of child pornography

With continual advances in Internet capability the child pornography market is experiencing a boom in demand and supply. Attempts to reduce the market challenge legislators, law enforcement agencies, practitioners and researchers alike – due in large part to the decentralised and global nature of the Internet. Much research has focused on frequent users of child pornography and whether such behaviour is interrelated with child sexual assaults. This article instead draws attention to onset, the first deliberate viewing of child pornography. It presents the results of a three-month study of a global Peer-to-Peer network, isoHunt. Analysis of the site’s Top 300 search terms indicated that child pornography is consistently shared. Risk factors for onset are discussed, including the potential normalisation of child pornography among Internet subcultures. Strategies are discussed to encourage subcultures to inhibit child pornography use and to increase understanding of the harms associated with such material. Implications for legal systems, policy and research are explored.     

Conclusion: international best practices

ABSTRACT

Three approaches presented at the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices offered the possibility of overcoming the limitations identified in the preceding papers in this special issue. A human rights framework, trauma-informed practice and integrated services taking a whole-of-family approach can all help to achieve cultural change in contact proceedings and to ensure the availability of the resources needed to address the issue of domestic abuse holistically. Four Australian initiatives are described as examples of trauma-informed practice and integrated services: Legally Assisted Family Dispute Resolution (LAFDR), the Family Safety Model (FSM), the Family Violence Courts Division of the Victorian Magistrates Court (FVCD), and the Family Advocacy and Support Service (FASS). FSM and LAFDR are out-of-court initiatives which aim to address a family’s abuse-related needs before they get to a court. The FVCD and FASS pick up families whose cases have entered the court system, and at that stage attempt to offer a wrap-around service which addresses both legal and non-legal needs. Lastly, the article describes the European human rights framework, which is designed to operate in cases which are ultimately adjudicated by a court.     

Exposure to internet pornography and sexually aggressive behaviour: protective roles of social support among Korean adolescents

ABSTRACT

Adolescents’ exposure to internet pornography and its negative effects on healthy sexual development have been extensively investigated. However, little research has addressed the identification of protective factors that can buffer these negative effects. Based on the conceptualisation of a stress-buffering model of social support, this study empirically tested whether social support would provide a buffer against negative effects of internet pornography on sexually aggressive behaviours in adolescents. Results from an online survey of two-hundred-ten (210) Korean high school students revealed that social support from parents and friends performed buffering roles, and the buffering effect of friend support was the strongest. Based on these results, practical implications for healthy adolescent sexual development were discussed.     

The approach in Scotland to child contact disputes involving allegations of domestic abuse

ABSTRACT

This article considers the approach taken in Scotland to the processing of child contact cases in which there are allegations of domestic abuse. Four key features of the processing of cases which may facilitate outcomes that prioritise safety are considered. These are: the availability of legal aid; the cautious process of successive child welfare hearings; the use of child welfare reports; and the taking of the child’s views. All these features occur within a policy context that recognises domestic abuse as gender-based violence and where courts have a statutory duty to protect a child from abuse. Drawing on the author’s court based analysis of papers from 208 child contact disputes and from interviews with sheriffs, this article discusses the strengths and limitations of all four process features in terms of protecting women and children, and the risks to these features posed by perpetually reducing government budgets.     

美国打击色情物品犯罪的司法实践及困境

美国联邦最高法院从1957年开始掀起审查色情案件的高潮,形成了一系列先例,确立了"硬核色情物品"和"儿童色情物品"不受宪法第一修正案保护的原则.但是美国社会,尤其是联邦最高法院的大法官们对色情物品的危害、淫秽物品的标准以及色情物品受不受宪法第一修正案的保护等问题一直争论不休,导致色情物品泛滥成灾.