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1 – 10 of over 1000The most common argument against child pornography is that children are harmed in the process of producing it. This is the argument from abusive production. However, it does not…
Abstract
The most common argument against child pornography is that children are harmed in the process of producing it. This is the argument from abusive production. However, it does not apply to ‘virtual’ child pornography, i.e. child pornography produced using computer technology without involving real children. Autilitarian who wishes to condemn virtual child pornography cannot appeal to the argument from abusive production. I discuss three possible ways out of this: (1) abandoning the intuition that virtual child pornography is wrong, (2) abandoning utilitarianism, or (3)circumventing the problem. I propose a version of the third way out.
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Accessing and distributing child pornography is an emerging problem. This paper aims to examine the judicial sentencing decisions of child pornography cases and whether they…
Abstract
Purpose
Accessing and distributing child pornography is an emerging problem. This paper aims to examine the judicial sentencing decisions of child pornography cases and whether they differ from decisions of child molestation cases.
Design/methodology/approach
Using a legal database of Canadian court judgments, the study examined sentencing decisions of 50 child pornography and 50 child molestation cases, identifying variables that were present in the judges' reasons for their decision.
Findings
The results revealed a disparity in sentencing that favours incarceration rather than community sentences for child molesters over child pornography cases. Despite what appears to be lighter sentences for child pornography offenders, judges were more likely to sanction treatment and recommend restrictions in cases of child pornography than child molestation. In light of the absence of literature exploring sentencing disparity among child sexual offences, further directions and suggestions for practice are discussed.
Practical implications
The examination of the disparity of sentencing decisions for child molesters and child pornography offenders and the identified variables that may contribute to these decisions suggests that the judiciary views child pornography and child molestation offenders differently and are more punitive toward contact offenders. Such disparity has implications for the criminal justice system.
Originality/value
This study offers the first exploration of sentencing disparity and decisions on child pornography and child molestation cases in Canada.
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Clare Sarah Allely and Larry Dubin
As recently highlighted by Creaby-Attwood and Allely (2017), it is crucial that the possible innate vulnerabilities that contributed to sexual offending behaviour in an individual…
Abstract
Purpose
As recently highlighted by Creaby-Attwood and Allely (2017), it is crucial that the possible innate vulnerabilities that contributed to sexual offending behaviour in an individual with an autism spectrum disorder (ASD) are taken into consideration for the application of a diversion programme to avoid the stigma of a criminal conviction or during sentencing for a non-custodial outcome. Specifically, in those defendants with a diagnosis of what used to be referred to as Asperger’s syndrome (AS) and now is recognised as an ASD and who are charged and convicted of a non-contact sexual offense, education and mental health intervention will best serve the interests of justice. The paper aims to discuss this issue.
Design/methodology/approach
This paper focusses on one particular type of sexual offending behaviour, namely, possession of child pornography. A systematic PRISMA review was conducted.
Findings
The authors linked examples of child pornography in the research literature to the ASD symptomology and describe how the symptomology explains such behaviour as not reflecting actual sexual deviance.
Originality/value
Downloading and viewing of child pornography by individuals with ASD has received relatively little research outside the mental health field. This review is of particular importance to those in the criminal justice system who may not have much knowledge and understanding of ASD. It is suggested that diversion programmes and mental health courts should be set up for this particular population charged with this particular crime in mind so that the necessary treatment/intervention/support and care can be given to this particular group.
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The International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No…
Abstract
Purpose
The International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) in 1999. The aim of this paper is to analyse the United Nations (UN), ILO, Council of Europe (COE) instruments related to child exploitation and discuss whether child pornography and prostitution are economic crime or work that should be regulated.
Design/methodology/approach
This paper compares the definitions of child pornography and prostitution and child labour in the UN, ILO, COE instruments.
Findings
Although child labour does not imply child prostitution and pornography, the Convention No. 182 Article 3 includes child prostitution and pornography in the term “child labour” and identifies child pornography and prostitution as among the worst forms of child labour. The paper concludes that, no matter what role the children have in participating in the sexual activities, they should be viewed as victims and witnesses. They should not be viewed as “sex workers” or “child labourers”. The view that sexual exploitation of children is a kind of labour might be seen to legitimise it in some countries and might cause more trauma for children.
Originality/value
This paper argues that the ILO should have either considered child pornography and prostitution as a kind of modern slavery in a separate paragraph in the C. 182 or introduced a separate instrument to combat against child sexual exploitation.
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This article summarises recent research into the subject of downloading child pornography and the different kinds of individuals engaged in the activity. Current attitudes to…
Abstract
This article summarises recent research into the subject of downloading child pornography and the different kinds of individuals engaged in the activity. Current attitudes to paedophilia are assessed. The question as to whether the downloading of pornographic paedophile material always leads to paedophilia is a core discussion. The law and current views on downloading are also discussed. The issue of whether downloaders of such materials are a danger is addressed and ways of preventing children being sexually exploited via the internet are explored.
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This article aims to describe the personal experience and ethical dilemmas that the author encountered when conducting qualitative research on a highly sensitive topic, i.e…
Abstract
Purpose
This article aims to describe the personal experience and ethical dilemmas that the author encountered when conducting qualitative research on a highly sensitive topic, i.e. interviews with offenders convicted of child pornography.
Design/methodology/approach
This study uses an autoethnographic approach to describe and reflect on my personal experience, emotions and ethical dilemmas when undertaking sensitive research that examines illegal acts.
Findings
Ethical dilemmas and emotional challenges highlighted refer to the issue of access to useful empirical material, conducting interviews with convicted offenders in prison environments, the complexity surrounding confidentiality when interviewing offenders about their criminal activities, vulnerability and insecurity for the researcher and emotional challenges for the researcher when listening to the offenders’ stories describing serious crimes against children.
Originality/value
This article contributes with insights and reflections on conducting qualitative research with a marginalized and stigmatized group in prison environments.
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Considers that, in addition to all the positive attributes of the Internet, negatives are bound to emerge. Negative influences include the ability of children to access…
Abstract
Considers that, in addition to all the positive attributes of the Internet, negatives are bound to emerge. Negative influences include the ability of children to access information that is not suitable for their age and the absence of laws or legal legislation to limit this access to the material. Laws are in existence prohibiting young people under the age of 18 years from accessing sexually explicit or sexually deviant materials. The problem with the Internet is the fact that there is no sanction limiting people from posting material of this kind. Warns that as an increasing number of children get online, solutions to these controversial issues must be discussed openly.
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This chapter compares the status of intellectual freedom in libraries “then” (1970s) and “now” (2005). As starting points for comparisons, it uses two Advances in Librarianship…
Abstract
This chapter compares the status of intellectual freedom in libraries “then” (1970s) and “now” (2005). As starting points for comparisons, it uses two Advances in Librarianship chapters, by Edwin Castagna (Castagna, 1971) and David K. Berninghausen (Berninghausen, 1979), respectively. The US Supreme Court, although somewhat ducking the direct question of library censorship in a school library case in 1982, has consistently upheld intellectual freedom, even in the face of an onslaught of federal laws passed by Congress to restrict speech. The high-water mark came in 1997 when the American Library Association joined the American Civil Liberties Union and others to challenge the Communications Decency Act of 1996, which would have prohibited “indecent” speech on the Internet, an undefined term that could have swept away vast quantities of speech. In 2003, however, the Supreme Court ruled against libraries when it held that a narrower law, the Children's Internet Protection Act (CIPA) is constitutional. This law requires libraries and schools that receive specified federal funds and discounts to use “technology protection measures” to block obscenity, child pornography, and material “harmful to minors.” This chapter looks at these and related cases, as well as the library profession's evolving ethical and political stance on intellectual freedom issues.
John Weckert and Barney Dalgarno
Technology facilitates certain behaviours. This underlies the argument that the Internet may not be as benign as we might like to think. It is argued in this paper, through…
Abstract
Technology facilitates certain behaviours. This underlies the argument that the Internet may not be as benign as we might like to think. It is argued in this paper, through examination of the case of the capture of a large number of people on charges of possession of child pornography, that the Internet constitutes a kind of unintentional entrapment. Some consequences of this are explored.
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Peter Kennison and Malcolm Read
In the second of two articles, the potential of the internet for child victimisation by paedophiles and the challenges for controls that the technology poses are discussed. The…
Abstract
In the second of two articles, the potential of the internet for child victimisation by paedophiles and the challenges for controls that the technology poses are discussed. The links between the availability of imagery and the actual practice of paedophilia are considered and the problems of legal definition and control policies are outlined. The article concludes by outlining some controls presently available and makes suggestions for improved policing.
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