Introduction:
The incidence of viewing child pornography is increasing in both women and men. Under federal statute U.S.C sections 2251-226 the peoduction, distribution, reception, and possession of child pornography is a violation of federal law with penalties of 15-30 years in prison.
Criminal Penalties
When faced with a charge of producing or possession of child pornography a sex offender expert witness may be invaluable to counsel in defending the criminal charge. To explain mitigating circumstances a sex offender expert witness may be able to assist counsel in the sentencing phase.
Where does Child Pornography Come From?
Michael Seto, in his 2013 book, Internet Sex Offenders, notes that as far back as human history goes there has been child pornography. In the 1400s there are stories about sex with children and Chinese sex manuals and Arabic literature. Victorian novels have sex scenes with children.
Modern photography and film lead to the “golden area” of child pornography in the 1970’s, much of it coming out of Denmark. However, public opinion quickly turned against child pornography. This lead to the development of specific child pornography laws in 1978 and laid the foundation for increased law enforcement.
As soon as law enforcement became involved, lawyers developed a number of questions that the expert witness can help clarify. Why did this client look at child pornography? How likely is he to touch someone? How big a problem is it for him? Are children in danger from him?
Who views child pornography?
People’s self-report of interest is significantly related to their interest in child pornography. Those who scored higher on measures of antisocial personality traits, low social desirability, pornography experience and erotophilia. The antisocial factors are the best predictor in determining if someone will act on their interest, whether it is in choosing pornography or sexual contact with children.
In one survey of internet pornography users, 10% acknowledged viewing child pornography. Of that group, 30% were women. Women were disproportionally likely to be looking at child pornography.
It’s important to note that technologically unsophisticated people are more likely to get caught. Sophisticated child pornographers use technology such as encryption, steganography, and anonymizing proxy servers to hide their actions.
When assessing someone who has been charged with possession of child pornography, it can be helpful to have an understanding of why they were looking at child pornography and if they are like those are likely to have a committed a hands on sex offense.
Catharsis or Practice?
“View evil, do no evil” was the moto of Adrian Thompson who was convicted for child pornography in 2000. This captured the idea that child pornography could be a substitute for sexually offending against children. There are a number of people who report that viewing child pornography decrease their urges for sexual contact with children. As people are bad at identifying the causes for their own behavior, this information must be viewed cautiously.
About 12% of child pornography offenders had a conviction for some sort of hands on offense. When self report data was used, about 55% acknowledged a hands on offense. What’s particularly interesting is that one study found that of those who had viewed child pornography and had hands on offenses, 87% had their contact offense before they viewed child pornography.
The impact of viewing child pornography varies depending on the personal characteristic of the person viewing it. Specifically those with antisocial attitudes and beliefs (impulsivity, hostility, callousness, and egocentrism) are more likely to commit hands on offenses. Child pornography may serve to reinforce acceptance and normalize their existing beliefs.
For those men who are not likely to sexually offend children, viewing pornography is unlikely to change that. Even prolonged viewing of child pornography is not likely to increase the chances of someone who was not going to commit a sex offense doing so.
Getting a firm sense of why your client looked at child pornography and a clear explanation of if the child pornography was the beginning (or middle) of molesting children, or if it was limited to viewing pornography can be helpful.
Reference:
Seto, Michael (2013) Internet Sex Offenders. APA: Washington
About the Author
Elise C. Magnuson PsyD, MSW, LCSW is a forensic physchologist and expert witness who specializes in risk assessment, psychosexual, and sex offender issues.
