Prof Herman Conradie
Department of Criminology
University of South Africa
1 Introduction
Burgess (1984:1) found that as far back as 1984 as many as 652 000 children (351 000 abused and 329 000 neglected) have been maltreated only in the USA. Sexual exploitation ranked sixth with the result that for this crime alone there were then 44 7000 children at risk every year. She (Burgess 1984:1) contends that, based on the review of victimization records, this figure alone can be five to even ten times greater than the reported figures.
Wyre (1992:236), who has worked with sex offenders since the 1970's, said that one reason why pornography is incredibly dangerous is because in 97 percent of the rape stories in pornography it ends with the women changing her mind and has an orgasm and is being repersented as enjoying the rape. The sex offenders use this to justify and legitmise what they do. It also provides them with an excuse for what they are doing.
2 Definition
Generally speaking, the concept sexual assault means sexual behaviour which is physically forced on a child, sexual abuse means sexual behaviour into which the child is psychologically pressured though not physically forced. Sexual exploitation means the child is either forced physically or pressured psychologically into sexual conduct - and it includes a commercial element. Therefore, when sexual exploitation is referred too, it includes psychological, social and monetary rewards for the child (Burgess 1984:3).
Lanning (Burgess 1984:83) defines child pornography as any visual or print medium depicting sexually explicit conduct involving a child. This boils down to the following: it is photographs of children being sexually molested. Such molestation include sexual intercourse, bestiality, masturbation, sadomasochistic abuse, and lewd exhibition of the genitals or pubic area. Tate (1992:203) adds that such pictures ranges from photographs of naked and semi-naked children, through more explicit shots of their genitalia thumbed apart to still, film and video recording of oral, vaginal and anal sex. The children are photographed urinating on adults or on each other. They are coated with semen of their abusers. Occasionally they are photographed having sex with an animal.
These children have not reached the age of consent. Kelly (1992:115) correctly argues that, since children have no legal status, limited access to knowledge and experience, they cannot meaningfully be held to have consented or to have entered into any form of legal contract with the pornographer. She (Kelly 1992:116) also concludes that each piece of child pornography involving adults - and sometimes animals - is a document of the sexual abuse of a child who was required for its production. Even is there are no adults in the same picture with the child, there are still adults controlling the situation and taking the photographs and demanding or instructing the child in what is required of her. She argues convincingly that sexual abuse is not caused by child pornography. Rather the pornography is the record of abuse which has already taken place (Itzin 1992:121). Lanning (Burgess 1984:83) therefore correctly stated that the activity of photographing and filming a child a sexual postures or acts is itself an act of molestation and sexual abuse.
An adult who sexually molests children is known as a child molester, a paedophile, or both (Burgess 1984:3).
Child pornography refers to photographs, films, videotapes, magazines, and books depicting children of either gender in sexually explicit acts (Burgess 1984:3).
3 Research problems
It is difficult to collect dependable statistics on the incidence and types of child maltreatment (Burgess 1984:1).
Because up to 80 percent of sexual crimes against children occur within affinity systems like immediate family, relatives, close friends, and neighbours, these crimes generally speaking goes unreported, undetected and undisclosed to the public, community and law enforcement agencies (Burgess 1984:1).
4 Dynamics
Wyre (1992:236-247) have developed a 14-stage model to explain the dynamic preconditions for abuse related to pornography. He stated that this model may be useful in diagnosing men who are abusing a child. These stages include the following:
He goes on the argue that, where there is a sexual fantasy, there is a predisposition to commit the fantasized about act. If a man has fantasies of having sex with children, that fantasy is the potential for actually having sex with children. If he does not have such fantasies he will not have sex with children (Wyre 1992:238).
Pornography is also very powerful in maintaining distorted thinking: women mean yes when they say no, women like force, women ask for it (Wyre 1992:239).
4 Child Sex Rings
4.1 Definitions
Solo Rings consists of one adult operating alone with a small group of children. Transition Rings consists of one adult who started exchanging or selling pornographic photos ov children - and tries to pressure the children into the next level, namely the syndicated ring. The Syndicated Ring consists of a well-structured organization which is formed to recruit children, produce pornography, deliver direct sexual services and establish an extensive network of customers (Burgess 1984:51).
Burgess's research described the operation of 55 child sex rings by attending to some organisational factors and methods.
4.2 The Organisation of the Solo Ring
These rings involves several children who are involved in sexual activities with an adult. This adult capitalizes on his legitimate role in the lives of these children to recruit them for these illegal activities. The offender is in a position of authority and familiarity with the victims. The children know each other and are aware that the other children are involved in sexual acts with the offender. The offender condition of program the children to provide sexual services. In exchange he offers them a variety of social, psychological, monetary and other awards. Sometimes these rings also has a secondary partner who gathers the children from existing formal groups (like sports of scout groups) or by developing a new group (Burgess 1984:52).
The offender gains access the children, because his presence is not questioned. The offender holds some legitimate power over the children's parents and over other people. If the parents do not know him, they usually have enough legitimizing information from other who do not question him.
4.3 The Operation of Solo Rings
The offender makes the children aware fairly quickly that sexual activity if part of the membership of the group. Therefore most of the children are aware that the other children are also involved in the sexual activities - because the offender's sexual activities are explicit, or because it takes place in full view of the other children (Burgess 1984:52).
The offender starts with an indirect approach, e.g. by showing pictures of naked persons. Then he would pressure the children to be naked - by being naked himself. Initiation is often an oral act performed by the adult on the child. The more aggressive vaginal or anal penetration occurs after the children had been to the offender's home many times (Burgess 1984:53).
Peer group dynamics are important in the solo ring. The cohesion between the children helps to guarantee that they will continue going with the adult and submitting to his sexual activity. The peer pressure helps developing the group loyalty en to earn peer approval. Essentially the children are competing for the offender's attention and approval. To be able to continue, the ring needs to be kept a secret. This is secured by direct threats, blackmail, and peer pressure (Burgess 1984:53-54).
4.4 Breaking the Cycle
To keep the secret, tension is needed. A secret is surrounded by the temptation and possibility of betrayal. The external danger of being discovered and the internal danger of giving yourself away are always present. Disclosure always result in a crisis for the offender, the children and the families of the children. Disclosure occurred when one child someone else, when the police followed up on tips or suspicions, or a third party reported suspicious behaviour of an adult (Burgess 1984:54).
4.5 Transition Rings
Transition Sex Rings consists of multiple adults sexually involved with children who are usually pubescent (Burgess 1984:61).
Burgess (1984:62) speculated that the children became involved in these rings because of the following reasons:
(1) the offender in a solo ring looses interest in the child because the child
approaches puberty and then tries to move
the child through an
underground network to sexual activity
with pederats (preferring sex with
pubescent youth);
4.6 Syndicated Sex Rings
They have a well-structured organization involving the recruiting of children, production of pornography, delivery of sexual services and establishing an extensive network of customers. In their operations they use the children, photographs, films and tapes. Coded letters, CB Radio, telephone, and beepers are also utilized to circulate their material. These rings make use of suppliers, including paedophiles, professional distributors, and parental figures (Burgess 1984:64).
Because they do not have access to the law to settle disputes, they have developed their own self-regulating mechanisms to act against those who thwart the best interest of the syndicate. They have developed a system of trading between themselves and profit is an individual matter (Burgess 1984:65).
To operate effectively, they need time to establish contacts, dual identities, sexual preference for children, camaraderie and collections. Computers assist them with their collections and their storage (Burgess 1984:66-67).
4.7 Type of Sexual Activities in the Rings
Fondling (89,1%) and oral sex (80%) were common. In the rings with females children only, vaginal sex occurred in 60,7 percent of the rings. Anal sex appears to be the substitute for vaginal sex in the rings with only males. It occurred in 63 percent of the rings (Burgess 1984:77).
Burgess (1984:77-78) also found the following statistical significant differences regarding sex ring types, namely with reference to sadomasochistic activity (p = 0,02) and videotaping (p = 0,02). For the sadomasochistic activity the rings had a higher level of activity (47,1%, which was 8 of the 17 rings) than in the solo (9,7% or 3 of the 31 rings). No data was available for the solo (9 of 31) and transitional (1 of 6) rings - therefore this conclusion can only be viewed as indicated and not as established. Regarding videotaping, the syndicated Rings used it more (52,9%) than the solo rings (12,9%) and transitional rings (0,0%). The syndicated rings had much higher frequencies of photos and movies, but statistical significance was not attained. It speaks to reason that these materials should be used more in the syndicated rings (Burgess 1984:78),
Thirty-four (61,8%) showed adult pornography to the children. The syndicated rings used it more (82,4%) than the other two ring types combined (54%). The syndicated rings prostituted the children more than the other rings (p = 0,0001) (Burgess 1984:78).
5 Profile of Offenders
Of the 55 offenders in the research of Burgess (1984:74) 53 (96,4%) were males. Regarding their occupation, it clearly showed middle class and upper class individuals. From the 55 rings, 35 (63,6%) were headed by skilled (13) and white collar (9) or (13) professional workers. The age of only 51 were available. It ranged between 25 and 74. Ninety percent (46 of 51) ranged between 30 and 59 years old. The median age was 45 year of age (Burgess 1984:74). Twenty one (38,2%) did not have any previous offences. Twenty three (41,8%) had no previous sexual offences. Nineteen (34,6%) of the offenders did have previous sexual offences, although there were no significant statistical relationship between previous sexual of previous nonsexual offenses [p = 0,67 and p = 0,60 respectively (Burgess 1984:75). In at least one-third of the cases psychiatric care was suggested for the offender (Burgess 1984:76).
Note: of the 55 cases, only 22 (40%) of the child victims were referred for mental health services (Burgess 1984:76).
The research of Burgess (1984:77) tried to determine how many children were involved in each ring. Of the 42 rings involving males, data were only available regarding 19 (69%). The one ring with 781 boys was a solo ring, consisting of one male who kept extensive records. The ring with 52 males was a transitional ring and the one with 35 males was a syndicated ring. Regarding the females, the ring with 60 females was a transitional ring and the one with 25 was a solo ring .
The reasons for collecting child pornography are according to Lanning (1984:84-86), the following:
Furthermore (Lanning 1984:86) offenders use child pornography to lower the inhibitions of children. Children who are reluctant to engage in sexual activity with an adult can be sometimes convinced by other children having 'fun' participating in such activities. If other children are involved, this peer pressure may let the child thinks it is OK.
Offenders also utilize books on human sexuality, sex education, and sex manuals to lower the inhibitions of children. They often believe that if something is in a book, it must be acceptable (Lanning 1984:86).
They also use their photographic collections to blackmail the children. If a paedophile already has a relationship with a child, seducing the child into sexual activity is only part of his plan. He must also ensure the child keeps the secret. The photographs taken of the child helps with it. He threatens to tell the parents of the child or the authorities (Lanning 1984:86).
The photographs are also used as a medium of exchange. Paedophiles exchange photographs of children for access to or phone numbers of other children. The quality and theme of the photographs determines its value (Lanning 1984:86).
Another use for the collections is for profit. Some people involved in the sale and distribution of child pornography are not paedophiles, they are involved to make money. Others combine their paedophilic interests to make money and change from nonprofit trading to selling (Lanning 1984:87).
Hartman, Burgess and Lanning (1984:93-109) differentiates between the following types of collectors of child pornography:
Closet Collector
He keeps a secret interest in pornographic pictures, showing off nude children engaging in a range of behaviours and denies involvement with children. He does not acknowledge contacting other collectors. He buys his collection discretely through commercial channels. His belief system makes him consciously acknowledge that children should not be sexually used by adults.
Cottage Collectors
He is a paedophile who sexually exploits children in a group. He does not make profit from his activities. The intent of the pornography he produces is to establish relations with other paedophiles as a method of communication. He succeeds in persuading the children they are totally responsible for what is happening and that they have much too loose by disclosing. These paedophiles have trusted positions in their communities, they have outside support for their activities.
Commercial Collectors
He is a paedophile who has his own group of children that he uses sexually and who has wide access to other collectors with their own group. They tend to be syndicated and represent a highly organized, commercial level of collection. A linkage to cottage collectors is suspected.
6 The Effects
The effects of using pornographic material (not necessarily child porn) - after evaluating the research of Mallamuth, Linz ant others - were recorded as follows by Einsiedel (1992:267-268).
Lanning (Burgess 1984:83) said there is strong evidence that a child clearly recognizes the permanency of a photograph. Some children have even committed burglaries in attempts to retrieve pornographic pictures taken of them.
Burgess, Hartman and Powers (1984:111-116 and 182) reported the following effects on 66 children who were sexually exploited:
Burgess, Hartman and Powers (1984:126) reported the following effects on the families of these 66 children who were sexually exploited:
They deny the involvement of the child. They show strong feelings of anger and rage. The parents express sadness, surprise and even suspicion. Parents rationalize, avoid hearing the facts, minimized, withheld the news from the spouse. Some parents, especially fathers, find a positive action taken by their child (my child blew the whistle). Parents de-emphasise and desexualise the event. Another common response was to blame someone else: the offender, the child, the other parent, or themselves.
Kelly (1992:122) adds the following effect. Pornography reinforces the myth about sexual violence, namely in the sense that it redefines assault and harm as normal behaviour and pleasure. Pornography insists that rape is really sex, that women enjoy coercion and even torture, that children are the tempters and want sex with adults. One of the results of these things is that judges are encouraged to acquit rapists and child abusers and thus directly actually encouraging others or would-be abusers. It encourages the central message of child pornography, namely that there is not that much wrong with adult men having sex with children. It 'supports' the lack of moral outrage and the lack of illegality in halting the production and use of child pornography.
7 Explanations
7.1 Starting point
Hartman, Burgess and Lanning (1984:107-9) explains collecting as follows: The pornographic material provide a method of recording and remembering the children, a stimulus for sexual arousal, an instructive guide to new children, an item to exchange and a focus of communication among collectors as well as a source of revenue.
There are strong indications that the pictures allow the collector a connection with earlier traumatic experiences when he himself were victimized. In stead of confronting the victimization, he preserves his psychological integrity by producing pornographic material that attempts to justify and normalize the abuse whilst safeguarding aggressive and libidinal drives. Thus the pornographic material becomes the evidence against the argument that child exploitation and molestation is nor harmful and is justified because the child has aggressive and sexual drives. Pornography endorses the belief patters that ultimately justifies violence towards children. It starts with the belief of the child victim of child pornography that it is wrong. This changes to believing that it is acceptable and the child is responsible for the sexual activity. As he becomes an adult this belief evolves into a pattern that a child wants sexual involvement - and that it does not harm her. The last phase is that, by now an adult, the exploiter, becomes angry and blames the child for involving the adult and thus moves the adult into a complete break in identification with the child victim...
Linz and Mallamuth (1993:4-15) distinguished three normative theories which explains the effects of sexually explicit materials (pornography), namely the moral theory (authoritarian / conservative), the libertarian theory (liberal) and the feminist theory (social responsibility).
7.2 Basic assumptions of these theories
The moral theory's focus is on the effect of sexual arousal in the individual reader in response to disgusting and offensive practices. This explanation holds that pornography attacks basic societal and religious values and that the consumer of such material might become desentisized to immoral acts in general (Linz & Mallamuth1993:5).
The feminist theory argues from the point of view that harm to all women in our society arises from portraying women as happy in sexual enslavement and as existing merely for the pleasure of men (Linz & Malamuth1993:5).
Contrasting to these views, the libertarian theory holds that pornography is harmless fantasy. Potentially works of art, it provides stimulation in the sex lives of some persons and may even be sexually liberating for the viewer (Linz & Malamuth1993:5).
Linz and Malamuth(1993:5-6) remarked these assumptions would most probably not be discarded by their champions - whether it can be falsified or not. He goes on the argue that there are three even more basic assumptions regarding human nature underlying these normative theories. The fist assumption is that it is important either to develop the individual and society and they suggest a social policy to address it. The second assumption concerns the relative versus the absolute truth and relates tothe extent to which rules for appropriate behaviour are thought to be permanent and preordained versus aggangements that can be negotiated between members of society.
7.3 The moralist theory
This theory is guided by Judeo-Christian theology. It aligns itself along the absolute end of the relative-absolute truth dimension. Presentations of sex are harmful because it flies in the face of timeless rules for behaviour. These rules are laid down by religious authorities who represent God - the Ultimate Authority. Wat was wrong yesterday is wrong today and will be wrong tomorrow. In the interest of preserving heterosexual marriage, homosexuality, adultery, and promiscuity, are unacceptable. The family reflect enduring and immutable values. In extreme forms, this approach even forbids the dissemination of ideas about infedility and promiscuity - because of of the power of these ideas to tempt and corrupt. Exposure to pornography fuels ilicit fantaises and acts and debases sex and marriage. Many of these proponents regard procreation as the sole purpose of sex. Public display of sex - consenting or violent pornography featuring rape - are viewed as harmful. Sex is defined as private. Its depiction may arouse customers in ways that impede their ability to limit their sexual behaviour to private and morally acceptable contexts (Linz & Malamuth1993:7).
Moralist theorists believe society has the right to protect itself from disorder and moral disintegration resulting from individuale unduly persuing their sexual self-intersts. Permitting pornography in society is viewed as undermining society and encouraging illicit sexual behaviour (Linz & Malamuth 1993:8).
7.4 Libertarian Theory
According to this theory, the individual does not any longer depend on authority figures for the truth. The individual is seen as a rational being able to (himself) disern the truth and to distinguish right from wrong himself. he is able to choose beteen the better and worse alternatives. The truth is no longer conceived as timeless and immutable. It is viewed as an evolving phenomenon. The right to seek out the truth is thought to be an inalieable right of the individual. Therefore the press should be free from government control. All ideas must get a fair hearing - only then the truth will emerge. Freedom of speech is a natural right which individuals must excersize to fulfill their potential and intellectual and moral endowments. Interference with this right is not allowed. It twarts the development and expression of rational faculties. The classic view is that the libertarian will not agree with everything that is said, but he will defend the right to say it (Linz & Malamuth 1993:9).
Applied to pornograhpy (Linz & Malamuth 1993:9-10) this theory defends the viewpoint that definitions of good and evil are culturally defined. The consequence is that what we view as immoral today, may tommorow be considered moral. What we consider as obsene art today, may tomorrow be seen as erotic art. They will argue that what is pleasurable and arousing for some may not be so for others. They argue that sexually explicit speech is a result of the fact that humans are naturally sexual and that the free flowing of ideas about sex may help people to reach their full potential as individuals. Therfrore sexually explicit speech is viewed as a beneficial form of expression, because it creates a fantacy world around a variety of sexual interests. Humans should thus be ginven free access to a full range of information about sex. Because they are rational beings, they will make rational choices about what is appropriate sexual behaviour for themselves withing the boundaries of their culture. The threshold of harm must be set high to guide against frivolous attempts at cencorship of ideas that are taboo now but may be acceptable in the future. As long as the individual restricts his/her behaviour to private actions such as sexual fantacy or only acts on these ideas with a concenting partner, society has no right to interfere. Government's interverance can only be tolerated when the consuming of these materials by one person infringes on another person's rights such as liberty, live or health. This boils down to the following: if one can show that consumption of sex depictions is causally related to other violent crimes, the government may regulate such depictions.
7.5 Feminist Explanation
Recognising the fact that only the few owners and managers of the press determine which versions of the facts people will receive, stimulated the birth of the social responsibility theory. This theory emphasis the view that the near monoply of the media business put on them the obligation (a social responsibility) to see that all sides of an issue are represented fairly. Thus ensuring the public has enough information to make desicions. The purpose is to serve the interest of the public and not merely the private goals of commercial publishing. If the media do not take this responsibility, some other public agency may enforce it. The feminist theory adheres to these statements and add that the powerfull are usually men. They aggree that ideas may change from time to time. However, they also argue that what is conceived right and wrong is done by those in power - usually males. Presently men control out society and the values they men define are dominant. Presumably these will change when women control our society. Because power is not distributed equally, men force their notions of what is appropriate sexual relations onto women. The feminists argue that men are so powerful that they even influence how women perceive themselves. The messages contained in pornography of women as whores and sex objects are viewed by the feminist theory as tools used currently by men to maintain a culture of male domination and female subordination (Linz & Malamuth 1993-13).
This theory argues that the traditional moralist perspective with its emphasis on sexual explicitness, arousal and excitement and its notions of offencsiveness, moral corruption and shame, are misguided. They argue that the regulation of pornography should not be a means for government to preserve public morals and to maintain decency. It should rather be focussed on preventing harm to women - including sexual harassment, discrimination and sexual asault. Normatively they assert that what must be addressed is the notion that women are whores and willingly receive sexual abuse and violence. Presenting womin in this fashion is degrading and demeaning to women (Linz & Malamuth 1993:13).
8 Conclusion
The offenders who organize child sex Rings are often middle class men and middle aged. Their primary access routes to the children are occupation, living situation and other children. A large number of them have previous sexual offences. Over 60 percent of court verdicts were guilty. About 50 of the 55 offenders were given jail sentences, ranging between 1 and 99 years with a mean of 15 years. More Rings involves boys alone than girls alone. The mean number of children involved per sex ring is 5 to 7. Most Rings participate in fondling and oral sex. For female-only Rings vaginal sex occurs in about 60 percent of the cases. Anal sex occurs with about the same frequency than in the male-only sex Rings. In 73 percent of the cases the house of the offender is the location of the ring's activities. In 62 percent of the cases adult pornography are shown to the children. Syndicated Rings are more active than the other types in sadomasochistic activities, prostitution of the children and the use of pornography for commercial use (Burgess 1984:80).
Learning from adult women who have been victims of incest, the conclusion is reached that undisclosed childhood sexual victimization remains as the core of their difficulties with self-esteem and interpersonal and social relations (Burgess 1984:1).
Furthermore, such unresolved childhood sexual trauma may lead to distinct sexual dysfunction reactions needing treatment. When adults, these women's values are so strongly established by guilt or a sense of misuse and worthlessness that they cannot relate well to other people and they have difficulty rediscovering their self-worth (Burgess 1984:1).
In populations of incarcerated men, the former child abuse victims emerges as (sexually) offending against others. They seldom acknowledge that they were victims of abuse or between their experiences and their sexually aggressive behaviour (Burgess 1984:1-2).
The silence hinders the systematic study of ancillary problems. The links from sexual victimization of children to child pornography to prostitution, drug and alcohol abuse, runaway behaviour and gender identity conflicts, are only in the beginning phases of being addressed (Burgess 1984:2).
The pro-incest arguments enhances sexual abuse of children. These arguments include that incest is so prevalent that a prohibition would be absurd, that guilt about incest and social intervention causes more trouble and that incestuous acts are less destructive than less overt seductive behaviour by parents towards children (Burgess 1984:2). Burgess (1984:2) goes ahead to overthrow these arguments by mentioning the convincing reasoning of Finkelhor. He based his anti-incest arguments on the ethical aspect of informed consent. He argues that a child cannot give informed consent and thus does not have the freedom to say Yes or No. Children lack information about sex and are unaware of the social meaning of the rules and regulations of sexual intimacy and the criteria by which to judge acceptable sexual partners. Children also do not know how to react to sexual experience and are ignorant about the consequences of sexual experiences.
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