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Child Pornography: - Center for Problem-Oriented Policing

Child Pornography: - Center for Problem-Oriented Policing

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professions and social classes. Despite the threat to child safety, constitutional guarantees of<br />

free speech often prevent law en<strong>for</strong>cement from conducting an investigation of these groups'<br />

activities without a specific allegation of wrongdoing. 59 Regardless of free-speech protections,<br />

however, there is presently no case or statute that provides a constitutional protection<br />

<strong>for</strong> possession of child pornography. 60<br />

Offenders' Use of <strong>Child</strong> <strong>Pornography</strong><br />

Offenders use child pornography <strong>for</strong> many purposes. Five of the most common include to<br />

• create a permanent record <strong>for</strong> arousal and gratification. <strong>Child</strong> pornography serves<br />

as a permanent record of the abuse of a child. 61 It freezes in time the offender's preferred<br />

age of the victim and child's reaction. 62 Offenders use child pornography to aid<br />

in sexual arousal and gratification and fulfill their fantasies. 63 Such pornography can<br />

provide pedophiles with ideas <strong>for</strong> replicating other sexual activities and may broaden<br />

their sexual interest to children in other age brackets. 64 <strong>Child</strong> pornography also may<br />

be used to justify or promote further child sex abuse, which may result in the creation<br />

of more child pornography 65 and abuse of additional victims.<br />

• lower children's inhibitions. Sex offenders use child pornography to lower children's<br />

inhibitions to engage in sexual behavior. 66 Offenders often show pornography to<br />

children, especially adult-child sexual depictions, to make adult-child sexual activity<br />

appear "normal." 67 In this way child pornography helps child sex offenders groom<br />

children and persuade them that they would enjoy certain sexual acts. Sex offenders<br />

also use pornography to instruct children how to behave, pose, or re-enact scenes. 68<br />

• validate and confirm the child sex offender's belief systems. Offenders use pornographic<br />

materials to legitimize abusive behaviors and reassure themselves that their<br />

behavior is common and not abnormal. 69 Such validation may be the most important<br />

reason preferential sex offenders are drawn to an Internet-connected computer. 70 They<br />

produce and exchange child pornography to validate and confirm their belief<br />

systems. 71 For instance the smile of a child in pornography is often cited as evidence<br />

of consent 72 or used to suggest that the child was seductive. 73<br />

• blackmail victims and other co-offenders. Offenders use pornography to blackmail<br />

child victims by threatening to show the photographs, videos, or other depictions to<br />

others including parents, friends, or teachers. 74 Offenders use the threat of such exposure<br />

to prevent the child victim from disclosing the abuse. 75 Cases in which usually<br />

older victims recruit or have sex with other children also highlight the special dynamics<br />

of sexual victimization when the child may be both victim and offender. The threat<br />

of blackmail thus becomes more potent because the child may fear punishment by the<br />

criminal-justice system as well. Offenders also encourage other adults involved in<br />

their network to participate in child sexual abuse and pornography. 76 By making others<br />

complicit in the abuse, or by creating and holding evidence of their involvement,<br />

offenders generate a fear of legal consequences that ensures co-offenders will not<br />

report the abuse. 77<br />

• sell <strong>for</strong> profit or trade. To establish trust and camaraderie among collectors, child<br />

pornography is sold, bartered, or exchanged between individuals or within a tightknit<br />

group. 78 Such exchange of child pornography helps offenders <strong>for</strong>m underground<br />

6 - CHILD PORNOGRAPHY: THE CRIMINAL-JUSTICE-SYSTEM RESPONSE

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