Charging children with child pornography – Using the legal system to handle the problem of “sexting”

No one would disagree that the purposes and aims of child pornography laws are legitimate and necessary. Recently, however, these laws, which have the ostensible aim of protecting children, are instead being used to punish children and dissuade the new phenomenon of “sexting” in the United States. “Sexting” refers to the use of mobile phones with built-in cameras to produce and distribute images of oneself in a sexually provocative or revealing position. The potential danger that this trend poses to minors is huge. Photographs produced by the use of “sexting” can be distributed to unintended third parties, often leading to embarrassment and harassment. Moreover, senders are also in danger of being charged with possession and distribution of child pornography, regardless of the fact that they are minors and the pictures are often of themselves. Not only is charging minors with child pornography a rather new phenomenon, it also appears to be a strategy that several states are adopting. This paper will look at the growing trend of charging minors who engage in “sexting” with child pornography charges by a case study of an actual prosecution, what the consequences of such a conviction entails in the United States, legislative responses, and an analysis of the appropriateness of using the legal system as a way of dealing with this problem.     

All part of the process? A qualitative examination of change in online child pornography behaviors

Over the past two decades, there has been increased attention on offending behaviors and motivations of child pornography offenders (CPOs). Although existing research has provided a knowledgeable foundation in regard to this offending subpopulation, the literature has been relatively limited on examining changes in offender behaviors and motivations. This study used interviews with 25 online CPOs in a southern state to identify themes underlying offending behaviors and motives at onset, as well as, continuation of offending over time. We found that offenders reported various circumstances (ranging from intentional to unintentional) and motivations (including thrill-seeking and attraction) at onset; however, CPOs reported thrill-seeking and attraction to be the most common factors driving their continued offending. We applied these themes to the existing literature on child pornography offending and recommended directions for future research. Based on our findings, we offered considerations for the treatment of CPOs.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

Police officer attitudes to the practicalities of the sex offenders’ register,ViSOR and Child Sexual Abuse Disclosure Scheme in England and Wales

This paper examines police officer understandings of and attitudes to the sex offenders’ register, Violent and Sex Offenders’ Register (ViSOR) and Child Sexual Offender Disclosure Scheme (CSODS) in England and Wales – an under-researched area in the management of sexual offenders in the UK. This research is an adaptation of an American study utilising a mixed-methods approach, combining an online questionnaire survey (N?=?227) with a series of semi-structured interviews (N?=?27). The study found that police officers, irrespective of role, were generally supportive of the register, ViSOR and CSODS in principle, but they thought that logistics, practicalities, infrastructure, multi-agency collaboration and public understandings had problematic impacts on the scheme in practice. The participants believed that greater investment was needed in terms of time and resource to make the register, ViSOR and CSODS easier to use and access and thus fit for purpose.     

A qualitative analysis of nonoffending partners’ experiences and perceptions following a psychoeducational group intervention

The present research is a qualitative study analysing therapeutic letters written by the nonoffending partners of men who have perpetrated child sexual abuse, after completion of a psychoeducational group intervention. It sought to identify themes relating to their experiences post-intervention. Findings indicated that the intervention contributed to women having increased insight into sexual offending, and feeling more confident and empowered. In addition, they displayed an awareness of risk issues, and an intention to play a role in helping to manage their partner’s future risk. Implications for research and clinical practice are discussed.     

Preventing child sexual abuse through education: the work of Stop it Now! Wales

This paper presents the findings from an evaluation of education and awareness-raising programmes delivered by Stop it Now! Wales, aimed at engaging parents, carers and professionals in an informed discourse about child sexual abuse (CSA) and how to prevent it. Crucially, the findings presented in this paper show that the majority of research participants saw benefits in attending a programme. However, this varied by the type of programme attended and the nature of the impact reported. These variations are discussed in order to contribute to our understanding about how CSA issues are experienced and understood by parents and professionals; how they experience the transition of new knowledge; and what, if any, preventative action is taken by parents and professionals as a result of attending a Stop it Now! Wales CSA education and awareness-raising programme.     

The role of Title IV-E education and training in child protection workforce diversification

ABSTRACT

Educating, training, and diversifying the workforce are strategies that may help reduce racial/ethnic disparities that plague child protection system (CPS). Title IV-E education and training programs support the development of a specially trained, highly skilled workforce; yet, little research examining their impact on workforce diversification exists. The current study assessed the relationship between Title IV-E education and training and workforce diversity and leadership in a state system that is plagued with racial disparities using data from a statewide child welfare survey (n = 679) and existing population-level sources. Findings revealed that while children of color were disproportionately overrepresented in the CPS, professionals of color were disproportionately underrepresented (as compared to the state’s overall population and the population of children served within CPS). Title IV-E education and training programs were associated with both child protection workforce diversity and CPS leadership roles. Implications for recruitment, retention, education, and partnership are discussed.     

Factors affecting turnover rates of public child welfare front line workers: comparing cohorts of title IV-E program graduates with regularly hired and trained staff

ABSTRACT

The purpose of the study is to examine the impact of a statewide intervention (BSW level Title IV-E Program) on both the workers’ intent to leave the job and their actual exit from a state administered public child welfare agency. Employees completed an extensive survey including scales assessing individual, team, and organizational variables that might impact turnover. Results show that more Title IV-E graduates stay with the agency than do regular hires and leave at a slower rate. Different variables impact intent to leave compared to actual exit and vary across type of employee. Implications for the workforce are discussed.     

Reduced payer's liability for unauthorized payment transactions under the second Payment Services Directive (PSD2)

In 2015, the European legislator enacted the second Payment Services Directive, which, among other things, determines the payer's liability for unauthorized payment transactions. This paper will show that PSD2 has widened its scope and further reduces the payer's liability for unauthorized transactions, for example by making it impossible to hold the payer liable in case no strong customer authentication has been applied, by requiring supporting evidence to prove the payer's fraud or gross negligence and by applying the same rules when unauthorized transactions are initiated through a payment initiation service.     

Informed powerlessness: child marriage interventions and Third World girlhood discourses

Child marriage has gained increased international prominence over the past decades. Organisations working with the issue have promoted empowering girls as the best strategy to address it. Informed by postcolonial feminist theory, this article will locate these discourses in broader ‘turn to the girl’ and ‘turn to agency’ in international development, analysing how Third World girlhood, agency, resistance and voice are conceptualised. Girls are constructed as threatened by their families and communities, with agency exercised through resistance and materialised by their voice. I argue that this ignores the complexity of decision-making processes and broader structural factors related to child marriage, so that interventions providing ‘empowerment-as-information’ for girls to be agents of change instead leave them in a state of informed powerlessness.