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Paul and Shirley Eberle wrote The Politics of Child Abuse, a book that
accuses mothers, mental health professionals, and prosecutors of
feeding children stories about sexual abuse. Since the book was
published by Lyle Stuart in l986, the Eberles have been cited as
experts in sexual abuse trials … What is startling about the
Eberles' reputation as ground-breaking experts in the field is that
their dubious credentials have not been widely challenged … Their
publication, Finger, depicted scenes of bondage, S & M,
and sexual activities involving urination and defecation. A young
girl portrayed with a wide smile on her face sits on top of a man
whose penis is inside of her; a woman has oral sex with a young boy
in a drawing entitled ‘Memories of My Boyhood’.
Ms. Magazine,
December 1988
While the size and scope of
pedophile rings have grown rapidly in recent years, America, as it
turns out, has long been a nation whose laws were friendly to
purveyors of child pornography. It was just twenty-five years ago,
in 1978, that the very first federal statute on child
pornography was passed into law. While forbidding production and
sale, the statute placed no restrictions at all on the possession or
trade of such materials. New laws enacted in 1984 forbid the trade
of child pornography regardless of whether any money changed hands,
though possession remained legal. In fact, as recently as 1990,
private possession of child pornography was legal in 44 of the 50
states, despite the inescapable fact that all such materials were,
by necessity, illegally produced and/or illegally
obtained.
Technology has for some time now
played a key role in greatly expanding the availability of child
pornography. The Polaroid camera, for example, eliminated the need
for child pornographers to have access to complicit photo labs. Home
video cameras did likewise for moving images. Personal computers,
digital cameras, web cams, scanners, and - most notably - the
Internet, have vastly expanded the reach of child pornography
networks. In the age of the Internet, child pornography is a booming
business. The Los Angeles Times noted in December 1999 that:
“the number of investigations for Internet-related child pornography
is soaring. The FBI launched 1,125 such inquiries this year, more
than twice as many as last year.”
In the wake of this rising tide,
the U.S. 9th Circuit Court of Appeals issued a ruling on
December 17, 1999 that struck a serious blow to the prosecution of
child pornography cases. As the Times reported, the decision
stipulated, “the government cannot prohibit computer-generated
sexual images that only appear to be pictures of children.” A later
report noted that appeals court judge Donald Molloy had stated that
the First Amendment bars the government from criminalizing the
generation of “images of fictitious children engaged in imaginary
but explicit sexual conduct.” As a result of the court’s decision,
prosecutors were thereafter “barred from bringing virtual-child
pornography cases in California and the eight other Western states
within the jurisdiction of the U.S. 9th Circuit Court of
Appeals.”
As critics have noted, graphics
technology now available to the general public is so sophisticated
that it is virtually impossible to determine if an image has been
digitally altered, and therefore if any actual children were
involved in the generation of the image. U.S. Justice Department
lawyers argued that very point, noting that the “government may find
it impossible in many cases to prove that a pornographic image is of
a real child.” Any good defense attorney, in other words, could
raise reasonable doubt as to the authenticity of an image. It could
in fact be argued that all such computer images “only appear
to be pictures of children.” Computer images are not in fact photos,
but are digital computer files that display as a facsimile of the
original photo. A sound legal argument could be made that all
digitally transferred and displayed child pornography is therefore
legal, as it does not represent 'real
children.'
That should come as great news to
the international child pornography networks, given that the United
States is their number-one market. According to investigative author
Gordon Thomas, the majority of child pornography produced worldwide
is targeted at the U.S., where by the early 1990s it was already a
$3 billion a year business, and growing. Thomas claims that -
according to law enforcement figures - over 22 million copies of
child pornography videos were sold or rented in the U.S. in 1991. He
also writes that much of that pornographic material is produced
domestically, where it is “part of the largest segment of movie
making in the United States.” Jan Hollingsworth concurs with Thomas’
figures, describing child pornography as a “three-billion-dollar -
per year - U.S. industry that grossed twice that worldwide. It [is]
bigger than Disney. Much bigger.” Speaking of Disney,
Thomas notes that child porn videos are frequently trafficked
internationally by deceptively packaging them as Disney
videos.
Strangely enough, the first man to
benefit from the 9th Circuit Court decision was Patrick
J. Naughton. You may remember him as the executive with the Walt
Disney Co. who ran one of the company's kid-friendly web sites.
Naughton was arrested and later tried on child pornography charges.
He was convicted on December 16, just one day before the
decision was handed down in the case before the circuit court.
Within hours of the appeals court ruling, Naughton was released by
federal prosecutors on $100,000 bail. Despite the fact that he was,
as the Times acknowledged, convicted of “possessing pictures
of actual children,” a decision was made to release him “until the
impact of the court's ruling can be sorted out” – illustrating the
significant undermining of existing law that could result from the
circuit court ruling.
On January 22, 2001, the U.S.
Supreme Court agreed to hear an appeal of the case. In April 2002,
the high court rendered its decision, upholding the ruling of the
lower court. By doing so, the highest court in the land extended the
ban on prosecutions of “virtual-child pornography” to all fifty
states. As the L.A. Times reported on April 17, 2002, the
“ruling creates an immunity for a new generation of ‘virtual’
pornographers who rely entirely on computer images.” The
Times noted that it was “an unexpected move” for the
conservative court, describing the decision as “a surprisingly
strong defense of the right to free speech.” The decision was, alas,
not all that surprising, given that the Supreme Court has
demonstrated in the past - most notably during the 2000 election
debacle - its willingness to toss aside its alleged principles when
the need arises. Noted by the Times once again was the
concern among prosecutors that they will “have a hard time proving
that children portrayed on an Internet sex site, for example, are
real children.” The decision handed down by the Supreme Court,
notably, “does not answer that concern.”
Closely associated with child
pornography is, of necessity, child abuse. It should be self-evident
that all kids used in child pornography are abused children, their
abuse recorded on film and tape for the depraved enjoyment of other
child abusers. As Anne Houston, the director of the organization
Childline Scotland, has said: “Every image of child abuse on the
internet is a crime scene.”
Also closely associated with child
pornography is the always-controversial issue of 'missing children.'
There is considerable debate as to whether there is a problem in
this country with missing children. Some claim that 200,000 or more
children disappear without a trace every year. Others steadfastly
maintain that numbers such as those are grossly inflated, and that
abduction of children by strangers with bad intent is actually quite
rare. The problem is that nobody really knows for sure, since the
FBI - America's compiler of crime statistics – does not bother to
keep track. As the Los Angeles Times reported in July 2002,
there is a “lack of knowledge about the prevalence of a crime that
historically has not been included in the federal government’s
Uniform Crime Report. Local agencies have only sporadically kept
data.” Many believe that the numbers are not compiled because
the FBI does not want to know – or more accurately, the FBI does not
want the American people to know, how many children disappear
every year.
What is known though is that
reports of child abuse have skyrocketed. Between 1963 and 1988,
reported cases of child abuse rose from 150,000 to 2,000,000 per
year, a 1300% increase in just a quarter-century. Child abuse may in
fact be the most prevalent crime in American society – and possibly
the most significant as well, given that it provides the breeding
ground for so much of the more visible crime plaguing Western
culture. As Thomas reports: “over 90 percent of the teenage prison
population are now victims of child abuse.” And that population is
growing rapidly. In the wake of that rising tide, the Los
Angeles Times reported in March 2001 that: “President Bush’s
budget will trim a program aimed at preventing child abuse and cut
some child care spending … A child abuse prevention program will see
an 18% cut.”
Author and e-zine editor Robert
Sterling has written of what he refers to as “a pattern of
trivialization of child molestation evidence” that seems to
characterize high-profile media stories. He points out, for
instance, that in the highly publicized Woody Allen and Mia Farrow
child custody case, all the attention was focused on Allen’s illicit
romance with Soon-yi Previn. Almost entirely ignored in the media
coverage was the fact that Allen was also charged with molesting his
own seven-year-old adopted daughter, Dylan. While the press
dismissed those allegations as unfounded and unworthy of reporting,
Sterling notes that, “Connecticut state authorities, based on the
testimony of Dylan and others, have stated that they do believe
Woody did molest her, but decided not to prosecute anyway,”
allegedly to spare the child any further
trauma.
Sterling also takes note of the
“case of the Menendez brothers, who, after admitting to murdering
their parents, painfully revealed that they were ruthlessly abused
and molested by them over the years.” Their claims were never fully
investigated and the boys were “viciously demonized for trying to
escape the murder charges and accused of making up their abuse,”
though there was in fact evidence of that abuse. Also referenced by
Sterling is the kid-gloves treatment afforded Michael Jackson when
he was charged with molestation: “even though the accusations
against him are widely believed to be true, [they] are merely passed
off with a laugh among other smirking monologue jokes on Jay Leno.”
And of course, though not mentioned by Sterling, sister LaToya was
ridiculed by the media when she came forward with stories about the
sexual abuse suffered by the Jackson kids at the hands of
their father. Other cases discussed in the Sterling piece include
the over-hyped ‘au-pair’ trial, during which evidence of prior abuse
of the child by his parents was consistently ignored, and the Susan
Smith case, in which the media refused to consider whether Smith’s
own severe childhood abuse could have been a factor in the murder of
her children, despite the fact that her father admitted to the
chronic abuse.
Coupled with the fact that the
press have consistently downplayed the occurrence of child
molestation is the equally disturbing fact that that very same media
have actively promoted the sexualization of children – a trend that
has been greatly accelerated in recent years, and which has served
to, to some degree, legitimize pedophilia. Taking note of the
proliferation of young teen - and even pre-teen - sex symbols, Tom
Junod wrote in Esquire (February 2001) that: “the entire
culture is besotted with the erotic promise of teenage girls … The
lure of jailbait now supplies the erotic energy to a popular culture
desperate for what’s new, what’s young, what’s alive.” The Junod
article is, strangely enough, a profile of Greg Dark, one-half of
the former ‘Dark Brothers’ – notorious purveyors of dark-themed,
occult-tinged porno films. Dark is rather noteworthy for having
openly produced and peddled child pornography, in that many of his
films featured a very young Traci Lords, who began working with the
Dark Brothers at the age of thirteen.
But Dark has now put those days
long behind him. He is now working comfortably in the mainstream.
And he is no longer marketing teen sexuality. No, now he is creating
music videos … for Britney Spears, Mandy Moore and the pre-teen
Leslie Carter (sister of Aaron Carter and “Back Street Boy” Nick
Carter). That is, according to Dark, a completely different line of
work.
It is not just the media that has
been actively promoting the sexualization of children; certain
segments of academia have been busily doing so as well. On April 19,
2002, the Washington Times carried a report detailing a
“movement within academia to promote ‘free sexual expression of
children.’” This “movement to legitimize sex between adults and
children is ‘gathering steam,’ warns Stephanie Dallam, researcher
for the Leadership Council for Mental Health, Justice and the Media
in Philadelphia, an organization that deals with prevention and
treatment of child abuse. ‘Some people view children as the next
sexual frontier,’ Ms. Dallam says.” Referenced in the Times
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