There is little public sympathy for collectors of child pornography. Yet across the country, an increasing number of federal judges have come to their defense, criticizing changes to sentencing laws that have effectively quadrupled their average prison term over the last decade.
Last week, the United States Court of Appeals for the Second Circuit vacated a 20-year child pornography sentence by ruling that the sentencing guidelines for such cases, “unless applied with great care, can lead to unreasonable sentences.” The decision noted that the recommended sentences for looking at pictures of children being sexually abused sometimes eclipse those for actually sexually abusing a child.
Judge Weinstein has gone to extraordinary lengths to challenge the strict punishments, issuing a series of rulings that directly attack the mandatory five-year prison sentence faced by defendants charged with receiving child pornography.
“I don’t approve of child pornography, obviously,” he said in an interview this week. But, he also said, he does not believe that those who view the images, as opposed to producing or selling them, present a threat to children.
“We’re destroying lives unnecessarily,” he said. “At the most, they should be receiving treatment and supervision.”
You take a 21 year old woman and have her play 15 in a xxx dvd and you are guilty of a crime.
Eliminated???? They should be put away and kept away! I will never understand those of you who condone and even advocate this type of nonsense.
Is this true or an exaggeration for emphasis, Hawk?
That is where Jan LaRue, chief counsel for Concerned Women for America, joined in.
Even though the production of the rape scene and the rest of the film may have stayed on the technically legal side of the fine line, "I can give other reasons for criticizing the film," she told WND.
"I do think that there at least are sound ethical considerations for [questioning] how far they went with this 12-year-old girl, and whether this kind of so-called artistic film-making further desensitizes the public to what child abuse and child rape are," she said.
"What you have here is a suggested scene. It's implied that it's happening. They've come close to a simulated sex scene, which means to give the appearance of the real thing."
What would be illegal is an actual sex scene, or something that would to all viewers appear to be a real scene, if it is simulated, she said.
You have a case re sexual predators, but they are a small minority of those who get tripped up with our sex laws. It is a slippery slope once you decide to try to law and order your way out of an alleged problem which is really nothing other than normal human sexuality
Demonstrating a Link between Child Pornography and Pedophilia
Justice statistics suggest that there is an increase in the child pornography investigations. Given this, clinicians may be asked more often to assess child pornography offenders. A particularly useful question during assessment is whether a child pornography offender is a pedophile. CAMH's Drs. Michael Seto, James Cantor and Ray Blanchard published a study in the Journal of Abnormal Psychology, entitled Child Pornography Offenses Are a Valid Diagnostic Indicator of Pedophilia, which investigated whether child pornography offenses are a valid diagnostic indicator of pedophilia.
Using a sample of 685 male patients referred to CAMH between 1995 and 2004, the study showed that 61% of child pornography offenders, 35% of offenders with child victims, 13% of offenders with adult victims, and 22% of general sexology patients met diagnostic criteria for pedophilia by showing greater sexual arousal to stimuli depicting children than to stimuli depicting adults in the laboratory. In other words, child pornography offenders were almost twice as likely of being identified as a pedophile, compared to the participants identified as offenders against children (sexual offenses against children 14 or young)
The results indicate that child pornography offending is a valid diagnostic indicator of pedophilia. This group was significantly more likely to show a pedophilic pattern of sexual arousal during testing compared to the other study groups. The results suggest that child pornography offending might be a stronger indicator of pedophilia than is sexually offending against a child. In fact, child pornography offenders - regardless of whether they had a history of sexual offenses against children - were more likely than child offenders to show a pattern of sexual arousal consistent with the pattern of identified pedophiles.
Currently, clinicians rely on three potential sources of information when considering a diagnosis of pedophilia: self-report, a history of sexual behaviour involving children, and psychological assessment. While useful, these methods do have limitations. These results from Dr. Seto and colleagues may be a particularly helpful diagnostic tool in circumstances in which a person denies a sexual interest in prepubescent children, or has no documented history of sexual behaviour involving children.
Hawkeye, do you really think that a desire to look at sexually provocative pictures of children is part of "normal human sexuality"?
The results indicate that child pornography offending is a valid diagnostic indicator of pedophilia. This group was significantly more likely to show a pedophilic pattern of sexual arousal during testing compared to the other study groups. The results suggest that child pornography offending might be a stronger indicator of pedophilia than is sexually offending against a child.
This Paraphilia is characterized by sexual activity with a child, usually age 13 or younger, or in the case of an adolescent, a child 5 years younger than the pedophile.
Diagnostic criteria for 302.2 Pedophilia
A. Over a period of at least 6 months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving sexual activity with a prepubescent child or children (generally age 13 years or younger).
B. The person has acted on these urges, or the sexual urges or fantasies cause marked distress or interpersonal difficulty.
C. The person is at least age 16 years and at least 5 years older than the child or children in Criterion A.
Note: Do not include an individual in late adolescence involved in an ongoing sexual relationship with a 12- or 13-year-old.
Sexually Attracted to Males
Sexually Attracted to Females
Sexually Attracted to Both
Limited to Incest
Exclusive Type (attracted only to children)
Reprinted with permission from the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision. Copyright 2000 American Psychiatric Association
There is little information on the number of individuals
in the general population with pedophilia because
individuals with the disorder rarely seek help from a
psychiatrist or other mental health professional. However,
the large commercial market in pedophiliac pornography
suggests that the number of individuals at
large in the community with the disorder is likely to be
higher than the limited medical data indicate. Individuals
generally come to the attention of mental
health professionals when their child victims tell others
and when they are arrested. Pedophilia is almost always
seen in males and is seldom diagnosed in females.
Viewing pornography is an action, it is a behavior, it is not just just "a feeling" or "a desire".
Pedophilia is considered a mental disorder:DSM-IV-TR: Pedophilia
Many pedophiles may engage in sexual activity with children which is never reported or brought to the attention of the legal system
A lot of people decide, with good cause, they they are better off not reporting. Maybe you should figure out why before you start off on your witch hunts.
I think that 12-13 years old wanting to have sex, and people of all age wanting to have sex with them, is normal, and has been the norm through much of history.
We mostly resist now because we believe in childhood, but the idea of childhood is a fairly modern construct.
Allowing the looking at pictures is a good way to satisfy the urge so as to help to avoid actual sex taking place. We should understand that kids will be sexual, but it should be between themselves.
Pedophilia is considered a mental disorder
The Archives of Sexual Behavior published a special edition in December 2002 to discuss whether pedophilia should remain a mental disorder.
Opening the debate was Richard Green, M.D., J.D. a widely known writer specializing in homosexuality and gender-identity issues. Green argued in favor of removing pedophilia from the diagnostic manual (DSM).
Green was one of the clinicians who, in the 1973, took the side of gay activists to argue for removing homosexuality from the diagnostic manual.
In a second article in the Archives, "The Dilemma of the Male Pedophile," Gunter Schmidt, D. Phil., makes a sympathetic case for the pedophile who, Schmidt says, must "remain abstinent for significant periods of time" and "lead a life of self-denial at significant emotional cost." Schmidt calls for a new, "enlightened discourse on morality" with the recognition that "in view of the pedophile's burden, the necessity of denying himself the experience of love and sexuality," he deserves society's respect.
The DSM IV is not a political document.
Pedophilia is quite widespread, more-so than one would like to think
Curbing child pornography, and making its possession illegal, is a reasonable attempt at indirectly controlling pedophilia--and a way to expose possible pedophiles--and a reasonable attempt to stop the sexual exploitation of children
I can think of many good causes to champion when it comes to personal liberties. The rights of pedophiles are not among them.
How do you propose that that can be done without exploiting the very children that are to be protected?
I think that Hawkeye was referring to adults with the urge when he said,
"A lot of people decide, with good cause, they they are better off not reporting. Maybe you should figure out why before you start off on your witch hunts."
I don't know what the current laws are for all countries but I think it would be an excellent idea if pedophiles were encouraged to report to medical authorities without fear that they would be ridiculed or turned over to the police.
there is no exploitation, because there is nothing exploitative about taking nude pictures of kids
This idea humans can not consent because they have not reached a magic age has no basis for being taken seriously. It is a made up rule that has very little correlation to reality.
So, we have pictures of naked kids where no harm was done, and we have guys looking at those pictures and having fantasies....again where no harm is done.