We now have added "Informational Posts" which are tidbits of information that may come in handy at some point.
Showing posts with label Child Pornography. Show all posts
Showing posts with label Child Pornography. Show all posts

Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession

2007:

This study examines law enforcement dilemmas in child pornography possession investigations in which no offender was arrested. A mail survey of US law enforcement agencies identified a sample of Internet child pornography possession cases where no arrest was made. Telephone surveys with law enforcement investigators were used to collect case-specific data and information on dilemmas in these investigations. Law enforcement investigators reported that determining whether or not images fit within statutory limits and ascertaining the age of children in images impacted arrest outcomes in child pornography possession cases. ..Source.. by Melissa Wells, David Finkelhor, Janis Wolak & Kimberly J. Mitchell

Busting child porn has rewards but takes toll on cops

National ICAC Website
9-6-15 National, Indiana:

It takes a certain kind of law enforcement officer to make the disgusting, yet vital, daily dive into the sewer of child pornography. But that’s life on the Internet Crimes Against Children task force.

The statewide team of child porn busters — the people who built the cases against Jared Fogle and Russell Taylor, the former head of Fogle’s foundation — is among the most prolific in the country in terms of arrests, averaging more than 200 per year from 2012 to 2014.

But that record comes at a price: repeated exposure to children abused sexually. People often ask the investigators some version of the same question.

“How can you stomach it?”

Nobody in law enforcement is required to take the job. Anyone can step away anytime. No questions asked.

“This work is really stressful and difficult,” said Steve DeBrota, assistant U.S. attorney for the Southern District of Indiana. “Some of the material these agents have to work with is horrific — beyond imagination, horrific. But the reason why, day in and day out, they keep doing that is because without dealing with that material, that kid won't be found. The worse that material, the more trouble that kid's in.”

Those who take on the difficult assignment are required to meet with a psychologist once a year. Beyond that, they must find other ways to cope.

Autism and Child Pornography: A Toxic Combination

8-5-2013 National:

It’s a disturbing trend we cannot ignore. Eustacia Cutler, mother of autism advocate Temple Grandin, on why autistic men are viewing child pornography—and being labeled sex offenders.

While in the throes of compiling a history of the social impact of autism, I came upon a story that I wish weren’t true.

A young male adult with autism took his computer in for repairs. The repair shop found child pornography on his hard drive and turned him in to the police. In court he was adjudicated a “predator”—a legal label he will wear for life. A label that will bar him from any job that involves children, and from any “assisted living” home for an adult such as himself.

When child pornography hits the law, the law is not friendly, no matter the circumstances—nor the understandable dysfunction of the perpetrator. One psychologist described to me her court experience with an adult autistic male. The judge pointed at her and said: “You should be dealing with this before I have to deal with it.”

One of the least understood and least discussed aspects of male sex offenders is the sexual response of those who live with autism. Part of the reason is that the group is very small; numbers are not available, and few arrests are on record. However, its significance points to a major lack: we don’t yet understand the social neurology of autism, nor its link to the role of supportive parental guidance. Particularly that of fathers for their sons.

My daughter, Temple Grandin, a doctor of animal science, a professor at Colorado State University, and a world-famous advocate for autism, was diagnosed as autistic at age 2. In those early years I loved her, guided her, found teachers for her, and opened doors for her. As the years progressed and she began achieving a triumphant and meaningful life on her own, I began my own more serious study: doctors, teachers, researchers, psychologists, pathologists, counselors. Their knowledge of autism, though limited neurologically, was far-reaching socially. Over the years this knowledge has given me insight into autism’s social hurdles. This is why today I’m deeply distressed over the toxic combination of autistic men and child pornography.

However, before any of us can express an opinion, we—the parents, doctors, counselors, lawyers, and judges—need to review and clarify what we know thus far about autism’s neurology and why it disorients both those on the spectrum and us.

For starters, as bio-neurologist Antonio Damasio tells us, “We are not thinking beings who feel; we are feeling beings who think. The mind is in the service of the body.” By that, he means the neurological body. You can have a first-rate mind, but if the neurology is skewed, the thinking will also be skewed. Particularly social thinking. We’re social creatures incomplete without each other. Our communication is locked into a pattern that feels social and conscious, but is mostly neurological.

Because of autism’s skewed neurology, those with Autism Spectrum Disorder take in the world around them physical object by physical object—floor, ceiling, table, chair—with no sense of the whole picture, and no understanding that along with the chairs and tables there’s a non-physical reality. As a result, they literally cannot see the forest for the trees, nor understand what we mean when we use the expression. This double lack inhibits their ability to grasp the idea behind a social exchange or to understand that the exchange is fluid and cannot be controlled precisely. Given these limitations, ASDs function best by memorizing each separate moment, much as you would memorize the spelling of a word. And they’re good at this, very good.

But here’s the catch. The moment they’ve memorized doesn’t apply to the next moment, and there’s another moment coming, and another and another. It doesn’t stop. It’s not surprising, therefore, that they’re rigid, that they like to repeat rituals. They’re trying to make the uneasy moment stand still.

Early intervention is the best way to help. Using their skill with visual processing, ASDs can learn by rote how to negotiate the neuro-typical world.

The other big help—one that many teachers use—is the computer. Computers and ASDs think alike: both substitute memory and logic for social spontaneity. As my daughter Temple has explained it: “When I need a solution to the moment, I take out my memory videos and find the one that fits the best.”

Along with struggling with social spontaneity, ASDs also have trouble with context, i.e. the relationship of one object to another, of one situation to another. So does a computer. A computer cannot distinguish the relevant difference between a misspelled e-mail address and bringing a gun through airport security. Nor can a computer deal with random. At best it carries a program that imitates random. Ditto those on the autism spectrum.

All this makes computers and ASDs perfect pals for each other—particularly for boys. Many ASD boys lack muscle tone and the physical drive that goes with it. It’s easy for them to skip outdoor exercise and sit for hours in front of a computer screen figuring out logic systems, a skill that today’s culture honors and pays money for, and also a great way to feel smart when the other boys call them dumb.

This partnership works up to a point. But there will still be those life needs that have to be taught by visible demonstration. For example, toilet training: a process that isn’t so difficult for a father to demonstrate when his son is a small child.

But then comes adolescence, and Mother Nature says: “Throw away the rule book, I’m going to give you a new body with new behavior urges that can’t be demonstrated the way the toilet was and won’t work the same way your computer calculations do. Nevertheless, just in case the urges set you to longing for a demonstration, search the internet and you’ll find it. It’ll be kind of like the toilet only more exciting—better than movies or TV—and you’ll be alone in your room where you can do anything you want.”

It’s the “anything you want” that makes the trouble.

Though now equipped with a full-grown body and full-grown sexual drive, many ASD males are stuck emotionally at a prepubescent age. They look like grown men, but inside they’re only 10 years old. They don’t want adults to show them how sex is done; they want 10-year-olds to show them. Back in school when they were little and the other kids played “you show me yours and I’ll show you mine,” ASDs were left out. Now at last they’ve found a way to join the old childhood game and it’s with their trusty friend, the computer.

Except that’s not how the law sees it. Or how we see it. There are gaps not only in our legal appraisal of this bind, but also in our view of the sexual dynamics of ASDs.

To quote autism psychologist and researcher Gary Mesibov: “We often find that young men with ASD are functioning intellectually at average, or even above-average levels. However, their social and interpersonal level is that of a 10- or 11-year-old ... I think this explains why their social-sexual preferences are to observe girls at this age, just as typical 10- or 11-year-old boys prefer interacting, flirting, and thinking about sexual relationships with 10- or 11-year-old girls.”

Forensic psychologist Michael Teague wonders if young ASD males are viewing child porn partly because viewing adults may disgust or scare them. Some, he says, may have been sexually abused by adults. Victimization studies state that as many as one out of 10 boys have been molested, and the Department of Justice reports that the rate of molestation triples for boys with disabilities. In a society saturated with sexual messages, where typical teens brag about sexual exploits they’ve probably never had, an ASD boy who constantly has to struggle with the simplicities of eye contact and respecting others’ personal space is lost. That being so, who will guide him through the mysterious tangle of sex? He may know the physical steps of the act, he may even have learned them by heart, but that won’t help him get to the heart of the matter.

In other words, where is the father who should be guiding him?

Statistics say that one child in 60 is on the ASD spectrum, and that the spectrum is primarily male: 4 to 1 in autism and 10 to 1 in Asperger. Yet few fathers attend autism conferences. At the last conference where the subject of teenage sexuality came up, there were 400 women and three lone men—who turned out to be teachers. Moreover, where there’s autism there’s a divorce rate of 80 to 90 percent, and that means that spectrum boys are being raised by single mothers. Absentee dads are not likely to be around at the critical moment.

Doctors aren’t around either. Medical grants are business contracts given out for a specific medical goal, usually a popular goal that can be celebrated at a money-raising dinner. The corporate eye does not light up over inappropriate sexual behavior and entanglement with the law. So no grant-seeking doctor is about to pin his medical career on a topic that will never get financed.

When child pornography surfaces, parents struggle with the humiliation of court procedure. Also its cost. Twenty thousand dollars can disappear into lawyers’ fees and still not work. At the same time, fearful of what the neighbors will think, families do everything they can to hide the action. And the neighbors, even if they know the truth, will pretend it hasn’t happened.

Autism is old. For 150 years its mortifying confusions have been swept under the carpet with the court adjudication “stubborn child.” Wouldn’t today be a good time—in our nothing-stays-hidden culture—to bring the confusion out in the open? Not that we’ll see a ready answer, but at least we could begin a straightforward, sympathetic response before something tragic happens and we wish we’d paid attention.

I asked Tony Attwood, an internationally known autism counselor who works directly with those young men with Asperger who despair of finding their way in the world—or of even understanding it.

“Were you ever able to stop a boy from suicide?”

He turned from me, his face taut: “I think maybe I did ... once.” ..Source.. by Eustacia Cutler

Report to Congress: Federal Child Pornography Offenses

December 2012:

This comprehensive report examines federal sentencing policy in child pornography cases. It focuses primarily on non-production offenses under USSG §2G2.2. One chapter also analyzes production of child pornography offenses under USSG §2G2.1. This report is the result of a multi-year study by the Commission and complements and expands upon the Commission's 2009 report, The History of the Child Pornography Guidelines.

FULL REPORT
TITLE PAGE
TABLE OF CONTENTS
LIST OF TABLES AND FIGURES
EXECUTIVE SUMMARY ...continued... by U.S. Sentencing Commission

Press Release: HERE

Tanner Stage 4 Breast Development in Adults: Forensic Implications

June 2012:

Abstract:

BACKGROUND AND OBJECTIVE: Forensic testimony in alleged child pornography cases commonly asserts that Tanner stage (TS) 4 breast development, characterized by secondary mounding of the areola that is obliterated in TS 5, is evidence of age less than 18 years. Clinical experience does not support this notion, but there are no relevant studies. We sought to estimate how frequently TS 4 might be interpreted from nonclinical images by individual forensic experts.

METHOD: Published images of 547 adult women were independently examined by the authors and classified as having TS 4 or TS 5 breast development.

RESULTS: There was concordance among all 4 of the examiners for 17 of the images, agreement of 3 of the examiners on another 36 images, of 2 examiners on 39 images, and 53 images were designated TS 4 by only 1 examiner, for a total of 153 (26.5%) images that could have been considered by a single forensic expert to represent TS 4.

CONCLUSIONS: A substantial number of adults have persistent TS 4 breast development. This observation, and the frequent difficulty distinguishing TS 4 from TS 5, even by adolescent development specialists, especially in nonclinical images, renders testimony based on this distinction invalid. Without clinical relevance for distinguishing these advanced stages of breast development, they should both be considered indicative of full maturation. Testimony based on this inappropriate test of maturity should no longer be allowed. ..Source.. by Arlan L. Rosenbloom, MD, -and- Henry J. Rohrs, MD, -and- Michael J. Haller, MD, and Toree H. Malasanos, MD

The Child Pornography Crusade and its Net Widening Effect

2011 National:

Abstract:
The criminal justice system’s effort to combat child sexual exploitation has taken on a primary and aggressive focus toward prosecuting those who violate child pornography laws. The deontological policy labels all child pornography offenders, whether they are producers or merely viewers, as morally bankrupt and a threat to the nation’s children. Yet the basis for the policy bears fundamental flaws, and this article explores them. The article first summarizes legislative efforts to bolster child pornography laws and lengthen sentences for violators. It then provides a synthesis of criminal justice initiatives that are expending substantial resources targeted toward investigating, prosecuting, and punishing child pornography offenders. The policy and the initiative rely on a presumption that child pornography consumers are in reality undetected pedophiles and child molesters who are at high risk of sexually abusing children.

This article challenges the presumption by comprehensively analyzing certain of the most commonly cited studies that purport to empirically support correlations between child pornography, pedophilia, and child molestation. It also highlights other empirical evidence, as well as some practical considerations, that instead tend to show that most child pornography offenders are at low risk of committing contact sexual offenses. In sum, the concentration on child pornography crimes appears to be a misinformed policy that fails to directly protect real children from harm.

For the remainder of this paper: by Melissa Hamilton, University of South Carolina - School of Law

Are all online child pornography offenders the same?

12-26-2010 National:

RE: Seto, Michael C., Hanson, R. Karl, & Babchishin, Kelly M. (in press). Contact sexual offending by men with online sexual offenses. Sexual Abuse: A Journal of Research and Treatment, first published on December 20, 2010 as doi:10.1177/1079063210369013

The influence -- one way or another -- of pornographic material on sexually or socially inappropriate behavior continues to perplex citizens, researchers, and social policymakers. The associated rhetoric often touches on cultural, moral, religious/spiritual, and political themes.

Some say that 80% or more of all internet traffic is related to pornography, but this seems unlikely. Nonetheless, it is clear that access to pornographic materials has become much much easier in the internet age. Unfortunately, this has also made it easier for those interested in child pornography to obtain access to images -- photos and videos -- that were previously relatively difficult to obtain. It seems almost weekly that we are told of law enforcement's efforts and successes in the battle against online child abuse and child pornography. Many jurisdictions now have tough penalties for those caught possessing, distributing, or creating child pornography. In some cases, the mandatory minimum sentences for possessing child pornography exceed the typical sentences given for contact offenses against children. Clearly, as a society, we take a very dim view of those who traffic in these sorts of materials.

But, what of the offenders?

In some respects, this may be a "chicken and egg" dilemma. Do pedophiles seek out child pornography or does downloading (and other subsequent activities best left to the imagination) of sexually explicit images of children lead to eventual contact (or "offline") offending with children? In other research, it has been suggested that surfing child pornography is a robust diagnostic indicator of pedophilic interests (see Seto, M. C., Cantor, J. M., & Blanchard, R. (2006). Child pornography offenses are a valid diagnostic indicator of pedophilia. Journal of Abnormal Psychology, 115, 610-615).

In a recently released, online first publication in the journal Sexual Abuse: A Journal of Research and Treatment, Mike Seto, Karl Hanson, and Kelly Babchishin attempt to answer some of these nagging questions. In two meta-analyses, they investigate 1. the contact offense histories of online offenders, and 2. the recidivism rates of online offenders.

In regard to the question of how many online offenders also have contact sexual offenses, Seto and colleagues found that only one in eight online offenders had officially-documented histories of contact offenses. However, this is tempered by their finding that more than half of such offenders are inclined to admit to contact offenses that are unknown to authorities; although, self-report data appears to have been available in only a small number of studies in the meta-analysis. Further, Seto et al. note that the controversial "Butner Study" was an outlier in finding significantly higher rates of self-reported contact offenses in online offenders. When they removed this study from the analysis, the rates of self-reported contact offending became more consistent, study to study.

The first statistic (1:8) seems consistent with the argument made by some offenders that they are only interested in the pictures, and that surfing internet child pornography meets their needs and helps them to refrain from engaging in contact offenses. However, the second statistic (50%) gets to the heart of our (SO professionals) fears that many of these guys are just not getting caught. Indeed, under-reporting has always been the fly in the ointment for all of us quoting statistics regarding sexual abuse rates, incidence or recidivism.

The second meta-analysis focused on reoffense rates. Seto, Hanson, and Babchishin found quite low rates of reoffending in the samples of online child pornography offenders: 4.6% of offenders engaged in new offenses over follow-up periods ranging from 1.5 to 6 years of follow-up, with 2% engaging in new contact offenses and 3.4% incurring new charges for online child pornography offending. Pretty low rates of reoffending all around; although, we must honestly note that the follow-up times are short.

So, what are we to take away from these findings?

Seto et al. address the issue of risk assessment with child pornography offenders. Presently, the Static-99 (a commonly used actuarial risk assessment scale) is not recommended for offenders with no documented history of contact offenses. However, this preclusion does not extend to other scales, such as the Sex Offender Risk Appraisal Guide (SORAG), but some have expressed concern with the general applicability of the standardization sample underpinning that scale (I am making no particular statement one way or the other here, by the way. Individual clinicians will need to review these instruments and make their own decisions). Regarding Static-99, Seto et al. suggest that if a high proportion of online offenders also have offline offense histories, then use of the Static-99 might be appropriate with this population, but only with modifications to the coding rules. This makes great sense and, given the rapidly growing numbers of online offenders before the Court, it would be helpful if risk assessors could add an objective measure of risk potential to their cadre of evaluation tools.

However, this question seems to be undercut to a degree by the findings of the second meta-analysis in this study. It would appear that, regardless of their histories of offline offending (officially known or self-reported), offenders who engage in online child pornography offenses are generally disinclined to reoffend. This causes Seto et al. to question whether there may be a "distinct subgroup of online-only offenders who pose relatively low risk of committing contact sexual offenses in the future". Of course, this has great implications for sentencing and risk management. Presently, many jurisdictions require online child pornography offenders to attend treatment and submit to community monitoring protocols similar to their contact offending compatriots. Given the findings of meta-analysis #2, does this potentially breach the tenets of the RNR model (i.e., overprogramming lower risk offenders by imposing treatment or management strategies that might not be specific to the needs of these particular offenders)? Seto et al. suggest that the risk factors may be the same for both online and offline offenders; however, the reoffense rates should give us cause to consider issues such as dosage and treatment methodologies. As such, we will need to have clear means of distinguishing who the higher risk guys might be.

In discussing their results, Seto, Hanson, and Babchishin suggest the existence of a subgroup of internet-only offenders who are disinclined to engage in contact offenses and who are at particularly low risk to reoffend in any sexual manner post-identification. At the very least, this suggestion should cause some to reconsider whether our current handling of these individuals is actually clinically or judicially appropriate. In order to best answer any nagging questions left standing, we as a field need to encourage and support additional research, scholarly discourse, and collaborative development of social policy.

Let me close this post with a quote from Seto et al.:

The low recidivism rates of online offenders may be used by some ... to minimize the seriousness of the online crimes committed.

I agree that it is important to acknowledge the greater issues of supply, demand, and exploitation that are part of the child pornography industry (if you can call it that). Clearly, efforts must continue to contain and eradicate this gut-wrenching problem. However, we must also take heed of the research findings regarding risk assessment and risk management of those involved. ..Source.. by Robin J. Wilson, Ph.D., ABPP is a long time ATSA member.

Disentangling Child Pornography from Child Sex Abuse

March 2010:

Abstract:
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised on arguments that blur the distinction between those who possess images of child pornography and those who sexually abuse children. In particular, sentences have been increased based on arguments that possession of pornography is equivalent to or worse than child sex abuse, arguments that viewing child pornography increases the risk that an individual will sexually abuse a child, and arguments that those who possess child pornography are abusing children undetected. This Article identifies instances where possession of child pornography and child sex abuse have been conflated, critically evaluates the arguments that promote such conflation, and identifies independent concerns with conflation. Specifically, it argues that blurring the distinction between the two crimes allows us to continue to misperceive child sex abuse as a stranger-danger issue, and that when law enforcement statistics aggregate possession and child sex abuse, then the public may be misled into believing that law enforcement is successfully battling child sex abuse, when that is not the case. The Article concludes that the modern trend of increasing sentences for possession of child pornography ought to be reviewed, and it suggests several possible areas of reform.

For the remainder of this paper: by Carissa Byrne Hessick, Arizona State, Sandra Day O'Connor College of Law

Self-Reported Contact Sexual Offenses by Participants in the

November 2000:

Sex Offender Treatment Program: Implications for Internet Sex Offenders

Introduction
With the explosion of the Internet as a medium of communication and commerce, there has been an increasing number of individuals using cyberspace to commit sexual crimes in recent years. These crimes include downloading, trading, and distributing child pornography, as well as luring children via the Internet for the purpose of sexual abuse and exploitation. Until recently, the Internet has been largely unregulated and unmonitored by law enforcement. This has enabled many individuals to access cyberspace for various illicit purposes with perceived anonymity.


Child pornography, relatively unavailable to many individuals until recently, is now readily available through the Internet. Individuals accessing child pornography typically do so through electronic communications in chat rooms and bulletin boards. They collect and trade child pornography with other individuals with similar interests. They may amass collections of several thousand images depicting children in sexually explicit poses or in the act of being sexually abused by adults. These offenders target children in cyberspace in a similar manner as offenders who prey on children in their neighborhood or nearby park. They seek vulnerable children, gradually groom them, and eventually contact them to perpetrate sexual abuse.

For the remainder of this paper: by Andres E. Hernandez, Psy.D., Director, Sex Offender Treatment Program, Federal Bureau of Prisons

The consumption of Internet child pornography and violent and sex offending

2009 Switzerland:

Abstract:

Background

There is an ongoing debate on whether consumers of child pornography pose a risk for hands-on sex offenses. Up until now, there have been very few studies which have analyzed the association between the consumption of child pornography and the subsequent perpetration of hands-on sex offenses. The aim of this study was to examine the recidivism rates for hands-on and hands-off sex offenses in a sample of child pornography users using a 6 year follow-up design.

Methods

The current study population consisted of 231 men, who were subsequently charged with consumption of illegal pornographic material after being detected by a special operation against Internet child pornography, conducted by the Swiss police in 2002. Criminal history, as well as recidivism, was assessed using the criminal records from 2008.

Results

4.8% (n=11) of the study sample had a prior conviction for a sexual and/or violent offense, 1% (n=2) for a hands-on sex offense, involving child sexual abuse, 3.3% (n=8) for a hands-off sex offense and one for a nonsexual violent offense. When applying a broad definition of recidivism, which included ongoing investigations, charges and convictions, 3% (n=7) of the study sample recidivated with a violent and/or sex offense, 3.9% (n=9) with a hands-off sex offense and 0.8% (n=2) with a hands-on sex offense.

Conclusions

Consuming child pornography alone is not a risk factor for committing hands-on sex offenses - at least not for those subjects who had never committed a hands-on sex offense. The majority of the investigated consumers had no previous convictions for hands-on sex offenses. For those offenders, the prognosis for hands-on sex offenses, as well as for recidivism with child pornography, is favorable.

The study is available here: by Jerome Endrass, Frank Urbaniok, Lea C Hammermeisterl, Christian Benz, Thomas Elbert, Arja Laubacher and Astrid Rossegger