Child Pornography: New Technology, New Challenges
Another One?
It’s a situation that is all too common. You’re scrolling though Facebook when suddenly the eyes of a haggard-looking man catches yours. You realize that you are in fact, staring at a mug shot.
“Oh man, what did this guy do?” you ponder as you click the story to get more information. Your stomach turns when you read the reason for arrest.
Possession of child pornography.
“Geez. Another one?” you wonder out loud.
According to the Kentucky State Police Electronic Crime Branch, 114 child internet predators were arrested in the Commonwealth of Kentucky last year, which was an increase from the previous year’s numbers. Former family court staff attorney Julie Reczek has seen many cases come before the Louisville family Bar. Reczek, who now owns her own local practice, discusses the rise of child pornography cases stating, “the issue, which was already big enough, has only been exasperated by last year’s quarantine and people’s desperation to make money.” And in today’s digitally-consumed world, it is no surprise that predators have become more sophisticated with how they obtain and distribute child sexual abuse images.
Trafficking Child Sex Abuse Imagery
From the mid-1800s to the 1990’s, child pornography was not widely available. Such material existed primarily in the personal collections of private individuals, being secretly traded amongst a small, dedicated network. In 1970, the first commercial child pornography magazine, Bambino Sex, was published, selling over 10,000 copies in its first week. However, research has turned up barely any information about this publication; perhaps a testament to just how elusive child pornography, even when produced for commercial consumption, was during this time.
Enter the internet. As a new medium for consumption of information, it was only a matter of time, perhaps, before child pornography found its way there. And as the internet expanded, so did the different outlets where child pornography could be found. In 1998, there were over 3,000 reports of child sexual abuse images online. However, a decade later, those reports increased to over 100,000. In 2014, the number of child sexual abuse image reports would exceed one million for the very first time and in 2018, tech companies would report over 45 million online photos and videos of child sexual abuse. In today’s digitally driven age, child pornography can be traded through a variety of online outlets including social networking websites, file and photo sharing sites, gaming devices, mobile apps, and internet forums.
Perhaps the most notorious hub for the trading of child pornography is the Dark Web. Once a special internet browser designed to encrypt one’s online activity is downloaded, users can use the Dark Web to access illegal information such as stolen social security numbers and other ill-gotten personal data, private communications, and many heavily encrypted sites. One such site was the infamous “Welcome to Video.” Deemed “the largest dark web child abuse marketplace,” the site contained almost eight terabytes of data showing sexual acts with children, toddlers, and infants which users could access using bitcoin cryptocurrency. The site was shut down in 2019 as a part of a joint operation by the United Kingdom, United States, Germany, and the Republic of Korea.
OnlyFans is the latest platform that has served as a channel for child pornography to be circulated. The platform was launched in 2019 and has been applauded for providing a space for sex workers to earn income during a period of quarantine. But despite OnlyFans’ designation as a sex worker safe haven, the platform has seen its share of child sex images. A 2021 BBC report uncovered numerous situations where teens as young as thirteen have lied about their age to create fraudulent profiles (you must be 18 to have a profile on the site) in order to sell explicit images of themselves. In addition to teens running their own accounts, the report also uncovered complaints from children claiming their images were posted without their consent, instances of blackmail, and the posting of pictures of missing children. In addition to this, Reczek states that there is also imagery that blurs the legal lines. “We’re seeing a situation where people are getting comfortable on the OnlyFans platform and asking for pictures of content creators’ children. A lot of people will say this isn’t porn, as the kids in the pictures are dressed or the picture may just be of their face. But it blurs the line when you are receiving these pictures on a platform known primarily for sexually explicit material.”
Reczek also points to other imagery that, while it doesn’t meet the legal definition of child pornography, skirts the line. “Apps like Tik Tok have 13-year-olds in bras and booty shorts, participating in whatever the latest challenge is”, she says. “It’s not a stretch to think that the same people using child pornography are also using this material for their gratification.”
Mental State of Users
Research has shown that child pornography users usually fall into three categories. The first are those with compulsive sexual behavior which includes an excessive preoccupation with sexual fantasies, urges or behaviors that are difficult to control. When combined with persistent viewing of pornography, some believe that, once one becomes desensitized to what they have seen, they will search for more extreme material to satisfy an addictive rush. Often, this search leads to materials depicting child sex abuse.
The second group consists of those who themselves engage in child sexual abuse. In a 2014 study, 57.5 percent of the research subjects who had been arrested for possession of child pornography also admitted to actual abuse. When the study was replicated in 2016, the percentage had increased to 69 percent. Another study by forensic psychologist Michael Seto, one of the world’s leading researchers on pedophilia, found that 50 to 60 percent of consumers of child pornography also admit to sexually abusing children.
The third group are those who have been abused themselves as a child. Researchers have stated that child sexual abuse may be used as a maladaptive coping mechanism for some, as it places them in a place of power, thus overcoming the sense of powerlessness they felt when they were being abused themselves. Others may find themselves sexually aroused by abusive behavior especially if their early sexual experiences involved abuse. As the popular saying goes: “hurt people, hurt people.”
Next steps in KY
On June 29th, new legislation went into effect in Kentucky, raising the penalty for possession or viewing pornography involving children under 12 to a Class C felony. The penalty for every offense after the first has been raised to a Class B felony. Many hope the new penalties will be a deterrent for a crime with wide reaching effects. “One misconception is that possessing child pornography is a victimless crime,” says Julie Reczek. “But people need to understand that these are real images of children being sexually abused,” she continues. “If you possess it, then you are helping to create the demand that oh-so-many are willing to supply.”
Thanks to new advances in technology, child pornography is an ever-evolving legal issue that requires ever-evolving legislation in order to protect its underaged victims.
