Child pornography: Characteristics of its depiction and use

Erotic vs pornographic images

A simple definition of child pornography is ‘the staging of children in sexually explicit acts’. Whatever the medium, either imagery or writing, it can occur in the form of a static scene or a story. The term ‘explicit’ refers to a sexual act or display of genital organs. It is not always clear whether children’s ‘erotic’ image should be considered a paedophilic image. Therefore the images, from ‘erotic’ to ‘pornographic’ were classified.^4–6 Lanning describes child pornography as ‘the reproduction of a sexually explicit child’s image’, and infantile eroticism as ‘any material relating to children that serves a sexual purpose for a given individual’. ⁷ Erotic descriptions of children have often been said to be a subjective, artistic representation. ⁸ The legal authorities need to identify and define, more precisely, the legal status of these phenomena. The artistic aspect has often created difficulties in interpreting images or texts. In the United States, the standard of obscenity distinguishes legal and illegal aspects of images.^9,10 In fact, this is not simple and has generated a number of debates, although the unlawful criterion seems clear, namely that any obscene image involving children is illegal, if it involves real minors. The age of the people involved, especially in cases of post-pubescent adolescents, is not always easy to determine.^11–13 Moreover, the age of majority differs from state to state, although the most common age is eighteen.

Photographs vs. pseudo-photographs

Some images used to attract a specific audience involve adults who look like minors. In the past, these cases were not necessarily deemed illegal, because the participants were over eighteen and gave their consent (see Criminal Justice and Public Order Act 1994 Part VII). Likewise, pseudo-photographs, made with montages or graphics, were not classified as illegal.^11,14 Krone stated that pornography can be created without any actual victim. From a clinical perspective, these examples are not insignificant. ¹⁴ Indeed, whatever the form, the people seeking these images have an interest in child pornography.^4–6,15 It thus represents a deviant attraction. In order to understand this phenomenon, we need to know its origins and modes of expression. Intuitively, there is a link between possession of child pornography and paedophilia. However, a number of studies have demonstrated that not all child pornographers are paedophiles.^14,16–19 However, the judiciary is concerned with the risk of committing an unlawful act against minors. Many studies agree that there is no correlation between being aroused by an image and molesting a child. ²⁰ Moreover, the same image does not have the same potential of arousal for all individuals. While some people need explicit pornography to be aroused, advertisements with a child in underwear might suffice for others.^17,21,22 This supports the idea outlined above regarding the difference between pornography and eroticism. ⁷ Some images are harmless and it is not illegal to possess them. However, they may fuel the deviant fantasies of some individuals. ⁷ These individuals are potentially dangerous because they might seek to act out their fantasies, but they cannot be identified by their pornographic behaviour. In addition, the arousal caused by a general magazine or a medical textbook, for example, indicates the importance and extent to which the fantasy is ingrained. ²³ Unfortunately, this aspect has not been investigated, and no references have been found on it in the literature. It could be said that an innocuous image causes arousal and therefore immediate gratification, without leading to any need for perceived or actual violence or coercion. On the other hand, if everyday sights are arousing, there may be a risk of the fantasy being acted out, without any need for explicit material.

Classification of the images

Child pornography images can be classified into three broad categories: (1) ‘indicative’ (non-sexualised images showing nudity or clothed children, causing arousal if the person has a sexual interest in children); (2) ‘indecent’ (staging suggests sexual activity, without being explicit); (3) ‘obscene’ (there is no doubt about the sexual nature of the image). ⁷ This classification is insufficient to understand the psychopathology of the subject.^7,16,24 Child pornography involves different categories, from half-naked children to children performing explicit or violent acts.^5,10 It may be important to know the nature of an individual’s fantasies. Indeed, the fantasies of violence and coercion can lead to a risk of child molestation. ¹⁷ The Combatting Paedophile Information Networks in Europe Project (COPINE Project) has worked specifically on images and their function. This project drew up a scale with ten categories derived from the analysis of images collected on the internet (from 1-‘indicative’ to 10-‘sadistic/bestiality’). Not all of these categories fit the legal definition of child pornography.^4,6,14,25,26

In 2002 in Great Britain, in R v Oliver, the Court of Appeal drew up the Sentencing Advisory Panel Scale (SAP Scale) with five categories describing the level of child pornography (from 1 – ‘Nudity or erotic posing with no sexual activity’ to 5 – ‘sadism or bestiality’), based on the COPINE Scale. ¹⁴ The first levels described in the COPINE Scale have no explicit sexual interest but are used by adults in a sexual way. In general, the court ‘explicit erotic pose’). ⁷ There are several categories of pornographic or erotic images. The first five can be acquired legally in some jurisdictions (from 1-‘indicative’ to 5-‘erotic posing’). The artistic argument is often put forward. However, it must be kept in mind that they may be an expression of fantasy. The type of image is not the only factor influencing the degree of victimisation of minors. When a collection of images is discovered, the size of the collection, the quality of the organisation, the inclusion of private material and the age of children portrayed should be taken into account, bearing in mind that a minor’s vulnerability is inversely proportional to his/her age. ⁷

Stimulation and sexual fantasy

Child pornography is primarily used to stimulate sexual fantasy and for sexual arousal. The child pornographer may produce child pornography material himself. In such a case, it rarely has a financial goal. However, the photographs and stories are a product of real or imaginary acting out of the pornographer’s fantasies. In the first case, they represent a ‘trophy’ and self-gratification, and can be used as a way of gaining attention of other consumers. ³³

Exchanges between collectors and the production of child pornography imagery on websites

Most images are obtained via the internet, which only requires access to a site or to a chat room. Private discussion groups have controlled access for members. The goal is to exchange paedophile material and ideas. A number of studies have revealed the psychopathological profile of some paedophiles who may be inhibited and have a tendency to social withdrawal. Becoming part of these groups gives them a virtual social life. As in any other group, these individuals can communicate through these images. ³⁴ Peer-to-peer networks have facilitated the exchange of child pornography, which explains the development of this phenomenon. People using peer-to-peer networks are younger than those using other systems to download images. ⁸

Disinhibition of minors

When a contact is established with a child, images can be used at two different times to influence the minor’s behaviour. First, when virtual contact is made via the internet, the images lend credence to the pornographers’ sexual propositions, making the child believe that the proposition is normal. In this way, the material increases the minor’s trust in the paedophile or arouses his/her curiosity. Thus, when physical contact is established, the image lowers the inhibition of a child who may be reluctant to accept the proposals of the adult who does not want to use coercion to achieve his goal.^33,35–37

The rationalization of paedophilic behaviour

First of all, paedophiles may consider the act depicted in the picture as natural because it indicates that others have already acted out the fantasy. Moreover, the children in the pornographic images are often smiling or have a neutral expression. This is an argument often put forward by child pornography consumers to confirm that the child gave his/her consent. The virtual network also allows them to see themselves as peers, and to meet people with similar modes of operation. In this way they are able to rationalise their behaviour.^1,16,17

The financial interest

In general, producers of images made ​​in a quasi-industrial way are not paedophiles; their only goal is financial profit. The sexual exploitation of children is organized in networks in countries where legislation is less strict and less well enforced. The internet enables widespread distribution of images. Moreover, the registered address of websites sometimes changes quickly, allowing paedophiles to continue their activity without detection. Telecommunication networks have also changed the criminal phenomenon, enhancing the phenomenon of offer and acceptance.^30,31