Exploitation, Child Pornography, & Child Molestation CJ 520 12.0
Paraphilia Psychosexual disorder Recurrent, intense sexual arousing fantasies, urges, or behaviors that involve: Nonhuman objects Suffering or humiliation Children, other non-consenting persons Occurs over a period of six months
Types of Paraphilia Exhibitionism - exposure Fetishism - objects Pedophilia - children Sexual masochism - self-pain Sexual sadism - partner-pain Voyeurism - watching
Pedophile Characteristics Sexual in nature Highly addictive Compulsive & repetitive Very difficult to treat Unstopped by self-control/self-discipline Only a crime if urge is acted on
Pedophile’s Method of Operation (MO) Highly repetitive & predictable behaviors Sexual Ritual - repeatedly engaging in an act or series of acts in a certain manner because of sexual need Ritual is necessary to offender Increases probability of identification, apprehension & conviction - need-driven mistakes Very hard for offender to change behavior
Pedophiles use of the Internet Trafficking in child pornography Locating children to molest Engaging in inappropriate communications with children Communicating with other pedophiles
Some Pedophile Groups - Some on the Web North American Man - Boy Love Association - NAMBLA The Rene Guyon Society Childhood Sensuality Circle - CSC Pedophiliacs Anonymous - PAN Pedophile Information Exchange - PIE Pedophile Action for Liberation - PAL Pedophile Alliance League - P.A.L. The Lewis Carroll Collectors Guild Howard Nichols Society
Illegal Sexual Activity involving Computers Producing or possessing child pornography Uploading or downloading child pornography Soliciting sex with “children” Traders - online child pornographers Travelers - those who solicit sex with children online
Legal Sexual Activity Validating deviant sexual behavior and interests Reinforcing deviant arousal patterns Storing and sharing sexual fantasies Lying about one’s age and identity
Legal Sexual Activity cont. Collecting adult pornography that is not obscene Disseminating “indecent” material, talking dirty, “cyber-sex”, and providing sex instructions Injecting oneself into the “problem” of computer exploitation of children to rationalize interests
Minor “Anyone under the age of 18 no matter what the age of consent in a state maybe”
Three Categories of Computer Offenders Situational Offenders Preferred Offenders Miscellaneous Offenders
Situational Offenders “Normal” adolescent/adult Adolescent searching online for pornography Morally indiscriminate Power/anger motivated offender with violent offense history Parents offering children for sex online Profiteers Low-risk, high- income trafficking in child pornography Behavior not long-term, persistent, or predictable as Preferential offenders
Preferred Offenders Pedophile offender Diverse offender Sexual preference for children Diverse offender Sexually indiscriment Latent individuals Recently acting out when inhibitions are weakened by online communications
Miscellaneous Offenders Media Reporters Trafficking in child porn &/or arrange meetings for exposé Pranksters Disseminate false information to target a victim “Older” boyfriends Late teen, early twenty involved with adolescent - male or female Overzealous citizens Members of society who go overboard with a private investigation
Evidence Screen name Screen profile Accuracy of profile Length of time active Amount of time spent online Number of transmissions Number of files Number of file originated Number of files forwarded Number of files received Number of recipients Site of communication Theme of messages and chat Theme of pornography
Child Exploitation “Possession, manufacture and distribution of child pornography; online enticement of children for sexual acts; child prostitution; child sex tourism and; child sexual molestation. ”
Types of Exploitation Child pornography Child prostitution Kidnapping Sex tourism Luring a child online Using a child for sexual gratification Global problem
Long Term Effects of the Victims of Child Exploitation Violent and emotional trauma Fear Intimidation Lose of trust Delinquency, criminal behavior Drug/alcohol abuse Abusive behaviors of other children 25% of child exploiters are other children
Sex Tourism “traveling to a foreign country with the intent to engage in sexual activity with a child”
Sex Tourism Characteristics Men in western countries Visit developing/3rd world counties To engage in illegal sex practices Internet – primary facilitator Important source of income for countries w/ weak economies
Sex Tourism Laws 18 U.S.C. § 2423 TRANSPORTATION OF MINORS (a) Transportation with intent to engage in criminal sexual activity. A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life. (b) Travel with intent to engage in illicit sexual conduct. A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. (c) Engaging in illicit sexual conduct in foreign places. Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. (d) Ancillary offenses. Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both. (e) Attempt and conspiracy. Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection. (f) Definition. As used in this section, the term "illicit sexual conduct" means (1) a sexual act (as defined in section 2246 [18 USCS § 2246]) with a person under 18 years of age that would be in violation of chapter 109A [18 USCS §§ 2241 et seq.] if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591 [18 USCS § 1591]) with a person under 18 years of age. (g) Defense. In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.
Category of Sex Tourists Preferential abuser Pedophile Situational Abuser Opportunity arises Abuser’s justifications Child has ‘chosen’ that ‘profession’ Child chooses to do this so child is consenting Child ultimately benefits monetarily Victim is ‘inferior’, deserving of exploitation
“Depictions of minors in sexual acts or provocative poses” Child Pornography “Depictions of minors in sexual acts or provocative poses”
How the Internet Changed Child Porn http://www.usdoj.gov/criminal/ceos/childporn.html Mid 1980’s - Child porn almost wiped out Internet & technology allows Cheap, easy creation of child porn Anonymous distribution Available through all Net channels (IRC, P2P, web pages, e-mail)
Dangers Associated with Child Porn Single most distinct characteristic of child molester Used by molester to ‘normalize’ behavior Long term use leads to desensitization Used by terrorist groups to exchange information - http://www.timesonline.co.uk/tol/news/uk/crime/article4959002.ece
How do Pedophiles use Child Pornography Source of pride Sexual gratification Feed/create sexual fantasies Training/grooming potential victims Lower potential victim’s inhibitions Blackmail victim into silence Profit Barter with other pedophiles
Child Molestation “And sexual behavior or activity that is abusive or nonconsensual toward a child – or sexual behavior that is specifically prohibited by state/federal law”
Child Molester vs. Pedophile Pedophile may not be a child molester Pedophile desires / fantasizes about sex with children, but may never act on desire Child molester may not be a pedophile Child molester may have sex with a child because of: Curiosity Availability Opportunity Desire to hurt child’s loved one
Child Molester Characteristics Male Adolescent - most molestations Adult - more victims w/ greater frequency Good at finding vulnerable children Low self-esteem Bad home life Economically/socially disadvantaged Communicates with child at child’s level
Child Molester Characteristics cont. Known to child Trusted adult Family member Use a combination of deception, desensitization, & psychological conditioning to lure potential victim - Grooming Be friendly - reward w/ gifts & money Friendly trusting relationship w/ caregiver When relationship established, molestation begins May have several victims at different stages
Necessary Steps for Molester Must have motivation to sexually abuse a child Must overcome the molester’s internal inhibitions of molestation Must overcome external impediments to abuse Must have child available with no supervision Must overcome avoidance/resistance by child
Overcoming Victim’s Avoidance Show child adult porn Arouse curiosity Educate child Show child child &/or deviant porn Other children doing it Continue child’s exposure to porn Desensitize victim Convince child to allow molester to kiss/touch child Sex between child & molester
Preferential Molester Characteristics More intelligent Higher socio/economic bracket Criminal behavior Deviant sexual need - paraphilia Scripted, compulsive, fantasy driven Repeated fantasy creates need Make “needy” mistakes Pornography related to pedophilia
Situational Molester Characteristics Victimize children, but not a pedophile Child is available Have control over/live with child Think they can get away with it Curiosity Non-sexual need - power/anger/revenge Less intelligent Lower socio/economic class Opportunistic/impulsive Make stupid &/or sloppy mistakes Pornography, if collected, often violent in nature
Knowing the type of offender will assist in the investigation