This document is an amicus brief submitted by the Institute for Media Education (IME) in the case of United States v. Stephen A. Knox before the Third Circuit Court of Appeals. IME is a non-profit organization headed by Dr. Judith Reisman, an expert in the effects of images and "sex science" on individuals and society. The brief discusses Dr. Reisman's extensive experience studying the behavioral effects of erotic pornography and providing expert testimony. It aims to interpret the child pornography statute at issue in a way that is consistent with congressional purpose and does not render the statute unconstitutionally overbroad.
This document is an amicus brief submitted by the Institute for Media Education (IME) in the case of United States v. Stephen A. Knox before the Third Circuit Court of Appeals. IME is a non-profit organization headed by Dr. Judith Reisman, an expert in the effects of images and "sex science" on individuals and society. The brief discusses Dr. Reisman's extensive experience studying the behavioral effects of erotic pornography and providing expert testimony. It aims to interpret the child pornography statute at issue in a way that is consistent with congressional purpose and does not render the statute unconstitutionally overbroad.
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This document is an amicus brief submitted by the Institute for Media Education (IME) in the case of United States v. Stephen A. Knox before the Third Circuit Court of Appeals. IME is a non-profit organization headed by Dr. Judith Reisman, an expert in the effects of images and "sex science" on individuals and society. The brief discusses Dr. Reisman's extensive experience studying the behavioral effects of erotic pornography and providing expert testimony. It aims to interpret the child pornography statute at issue in a way that is consistent with congressional purpose and does not render the statute unconstitutionally overbroad.
Direitos autorais:
Attribution Non-Commercial (BY-NC)
Formatos disponíveis
Baixe no formato PDF, TXT ou leia online no Scribd
DOCKET NO. 92-7089 UNITED STATES OF AMERICA, AppeUet, ,. STEPHEN A KNOX, ApcUanr. SAT BELOW: Uon. Jam" F. Meaun, USDJ without. jury Cri minal No. 9100074 (JFM) On Remand From the United States Suprrme Court : An Appeal From. Judgment orthc United States Di5lrict Court for the Middle Dist rict of Pennsylvania BRIEF OF AMICUS TlU: lNSTlTIJTE FOR MEDIA EDUCATION On the Brief: R'IMald D. Ray, Esq. David S. Eggert, Esq. Randal M. Shaheen, Esq. , Ronald D. Ray Counn llon.t Law 1012 South Fourth St. Louisville, KY 40203 (502) .5&4-8300 Arnold & Porter 1200 New Hampshi re Ave., NW Was hington, DC 20036 (202) 872-6700 Attorneys for Amicus Inst itute for Media Eduution
TABLE OF CONTENTS .. TABLE OF AUTHORITIES ................. .... _ ... ....................................... i I. INTRODUCTION ................................................. ................................. 1 E"l"'r1 Testimony. Sa &- f1"f1lld and Oakes v_ Massachusetts ...................... . ............. . Why Amicus Enu:red the Knox Case .......................... ................ . __________........ 4 D. MEA,"iING OF THE STA TUTE ........................................................... 5 is KoyTo SllIMe... _______ .. _________________.. .. Cltild Pomograpby VidtcUpe is SeIfD=rihed ll< [n(ended To Excite l.usttiIl Desin::s... .. . ........................................... 7 Sexualization ot hu.nirnate Objects .......................... . ........................... 9 Teddy.&ars and H'odn ,l!5: Cltildren__ _ ................................... 9 Schoolgirl Unifo""" Erocitized and Schoolgirl Panties Sold. .......... ....... __........ : .. _ .. __. __ 10 All Children as EroOc Fodder fur Child POn>Oi""phy... . ...................................... .. I! With N"", OlIiW Imprinlin, TC<:Moiogy m. INTERPRETING THE STATUTE SO AS REQUIRE NUDITY IS CONSISTENT WITH CONGRESSlONAL PURPOSE AND DOES NOT RENDER THE STATUTI UNCONSTlTUTIONALL Y OVERBROAD ................. _ ......... _ ....... 13 A. Harm to the Children Bti ng Di5played ................................... _ .... t'( P>n:nw Beuayal is Allusc: .. _____ ______________ ... __.......... __ _ ................................ \4 Testimony of. Lone Child Pomctnphy V..:tim_ ................................ IS otf-Camera Sexual Allusc: ............................. _-" ............. .. 15 Otr-Camc-ra Emotional Ab<u<: ................... _____ __ .. . ........ IS otf..um.nI. Phy.icaI Ab<u<: ............................................. I S . ..... ____________ .... IS ""NO! F...:dom of Speech. b.It F.."".,;IQm 10 .. _ _ ___ _______ l.'I 10 Slav .. aDd Concentration C.tmp . ... 15 Children COnltmp( ___ ..... ..... ... .. _ _ -" __________________ IS To>ric FalIOIII: Child Usc of Drup, Enuy lmo Prostitution. Poverty ........... ............ _ ... _ .. 16 B. Effect!! of Child Pornogr2pby on Tbose Who Vit w It .............. _ .... 16 Pornography ... a Moo:lAlu:ring Drug __. ___ ____....... ............... _____________ 16 Podoplilles Vicleotape America', Chil<1r<n for Masnubation and Sale ........... 17 John Rabun: Otfen<Ir:rs COmmQnIy 1'osse<IO .. Posuognphy .... _ .................... 17 Po<nopaphy.Arouscd. Pe&:>phil .. WOtIld Be Child Abusors. ......................... _ 18 0.-. Li.nno::a Smith: Helped Crcau:!he Child Pomognpby Market aad. Sauallust For Childrl:n .. ............................. ___ il R=arch Findings on Child Imagery in Pt"l'1u!I" PartIoOl!H, Hustkrffo}. .... 19 Children Posed To Mimic Animals "In HC3!" (Estru!) (fit) ............ 19 Cmadian Sup",,,,,, COWl UnanimollSly Bans I'<>mograpby in IW2 ....... 20 FinaJiy1..ooks to Bm CIIUd PomoJraPhy Pos:scssiOll... ...... . ....... .. _ :ro
C. lnterpretin& the Sialute So As NOI To Require Nudity Will Not Render It Unconstilutionally Overbroad ................. 21 . o"-'{ . ....... 11 The , ................ 12 uSpecch"(fo) ......... 13 Child Pornography Images ... Th. Fim Amemlimcnl.. .................................. l4 IV. CONCLUSlON ............................................................................ 25 Nudi1)' is No! N=sa:y For Child To Be: Abused ........................................................ 2' All Children Are Harmed by Child Pornography.. ''' .................................... 25 All Children Are Put Al R;sk by R;sk by All Pornography... .......... ..................... ,-.25 Childnn Cannol Give to ThrirOwn Abuse orOimlnutioQ .......... 25 V. REPORT OF UNNEA W. SMITH, M.D ............................................ 26 RI. KnOll: by Fntkrlck L. Co ..... n. Ph.D. VI. VITAE OF JUDITH A. REISMAN, Ph.D. vn. EXECUTIVE SUMMARY; IMAGES OFClIlLDREN, CRIME & ,..' VIOLENCE IN PLAYBOY, PENTHOUSE &. HUSTLER (pichlns 0/ sn-aliltd childrtn from pnsenlofiOlf. awnlable liP"" nqrast from VI. VITAE OF LINNEA W. SMITH, M.D. (. Slillhtly nYU.d and sinew zubm/sslOtJ to tM ct)1Uf OS an Qid to nad." IfOl familiar ... /II! lit. cau.)
I. INTRODUCTION Amicus, The Institute tor Media Education ("IME"), is a not-for-profit corporation. Its character is to study nsex science" and the mass media and to disseminate relevant data and provide education to the public in this area. The Institute was established and is headed by Dr. Judith A. Reisman. Dr. Reisman is a widely published and recognized expert in the study ot the effects ot images and sex science n on individuals and sociGty. In particular, she has utilized her background and experience in the field of com=unications to study extensively the behavioral effects of erotical pornoqraphy. In the early years of her career, Amicus was a creative, performance artist tor network and educational television, including more than a decade ot work tor CBS TV's award winning children's program, Captain Kangaroo. n Amicus' concern for children caused her to abandon her successful television career tor academe, seeking answers to the problam of increasing child abuse. Her subsequent investigation ot Dr. Alfred Kinsey and his team at Indiana university brought her into prominence with her book, Kinsey. $ex and Fraud (1990)1 The British medical journal Tbe vancet, in reviewing the 1 JUdith Reisman and EdWard Eichel, KinseY. Sex and Fragd. (1990). "
- , - book, wrote, "Dr. Judith A. Reisman and her demolished the foundation ot the [two Kinsey] Reports . 2 Specifically, the book found Or. Kinsey's work involved crimes a9alnst children for the purpose ot gathering for the team's child sexuality data base in order to encourage societal acceptance of adult/child , sex. Dr. Reisman baa provided expert testimony on matters involving the effect of pornography In a variety of forums, and her work has been cited in written and oral arguments on child pornography before the United States Supreme Court in Oakes v. Massachusetts, 491 U.S. 576 (1989). and again in a brief concerning child pornography in Osborne v. 2hi2. 495 U.S. 103 (1990), .a well as in other proceedings. Reisman a150 data on the a/effects ot pornography in connection with the 1992 unanimous decision ot the Supreme Court ot Canada in v. Butler which banned harmtUl pornography in that country. S.C.R. 452. (1992) 1 Reisman has expert t.stimony in courts and civic hearings both nationally and internatIonally, includIng: the State at Georgia senate , , The Lancet, Vol. 337, p. 547 (March 2, 1991). A copy ot Reisman's resume is attached. ,
- , - Education Subcommittee, Hamilton County, Ohio, Prosecutor's Ottice; Hichigan state senate Juvenile Justice Advisory commission to Corrections; Newport News, Virginia, City counsel; u.s. Attorney General's commission on Pornography; and the u.s. Attorney General, Task Force on Domestie Violence. In addition, Dr. Reisman has provided eXpert testimony to the Presidential Commission on the Assignment of Women in the Armed Forces and data to the Armed Services committees and members of the Joint Chiefs of Staff concerning the military's policy toward homosexuality. Moreover, Dr. Reisman has been a consultant and researcher tor the u.s. of Health and Human Services, the U.S. Department of Education, the u.S. ot Justice, Juvenile Justice Oelinquency Prevention and has conducted intensive in service training tor various law entorcement aqencies includinq the FBI Academy, the center tor Missinq and Exploited Children, the Missinq Children-Serial Murder Task Force, and various police associations. Dr. Reisman has also provided testimony to numeroue qovernments concerninq the a/effects of pornography. including Canada; the Ontario Human Rights Commission; the Australian Senate Select Committee on
- A - community Standards; the New Zealand Indecency Tribunal and the New Zealand Pornography Commission. Amicus is this brief to the court because she believes that the issue presented by this case is critically important to the satety and well- being ot our children. Appellant and the solicitor General are seeking to read the prohibitions in the Child Protection Act in a narrow and cribbed manner whiCh plainly distorts the clear meaning and intent ot the statute and leaves children at risk trom the very behavior that the statute waS intended to prevent. As discussed below, total nudity is not a prerequisite to bringing about the "lascivious K response and the harm that the statute is intended to prevent. :n . MEANING Of THE STATUTE The statute at issue in this case is 18 U.S.C. S 2256 {2) eE). It criminalize6 the -lascivious exhibition ot the genitals or pubic area." In their briet, appellants make much ot the detinition ot "exhibition, pulling the term completely out at its context within the statute to support their position. will readily concsde to appellant's contention that "exhibition" means to put something up to be seen. However, appellants' proposed detinition goes much turther, 6uppoping that a pubic area" cannot be
, - -exhibited," unless actual flesh is visible. Nowhere does the statute require, nor does common sense suggest , that in order tor the pubic are. to be exhibited, it must be unclothed. Indeed, ware the "director" of one ot these films to ask a cameraman to locus 1n on tbe pubic area of a child the cameraman surely would not have turned to the director in puzzlRment merely because the child was Wearing panties. In tact, it is difficult to know how else the instruction might be given. The key to proper interpretation of the statute lies not in the meaning of -exhibition" but rather 1n the meaning ot "lascivious, (a definition conspicuously omitted from appellant'. bri.f). According to Webster, "lascivious" means "characterized by or expressing lust or lewdness, or Wtending to excite lusttul desires. 4 The plain meaning et the statute the oxhibition or the pubic area -- whether clad or not -- that is done in such a way so as to tend to excite lusttul desires. Interpreting the statute in sny other way completely undermines and subverts its purpose, putting children at added riSk. AS we discuss below, children are displayed in the ril .. in a lascivious Such completely unnatural displays ot children Whether clothed or Webster's New Qniyersal Qnabridged pictignary, p. 1023
- 6 - not -- leads to significant harm to the child exhibited as well a. to the children victimized by tho.e lustinq after nude children in pornoqraphy. To limit the reach only to nude depictions or children leaves unregulated the largest segment of child pornography. Before discussing current scientific learning and research which fully supports the proposition that the films possessed by appellant arouse "lustful desires,M it seems appropriate to first briefly the films at the heart of this controversy. The videotape.' selt-description is itself revealing: an enchanting scane showing a dark- haired beauty of 11 lettinq us have a long, slow look up har dr to view her snow-white panties. . SCeneS of a thirteen year old in a leotard skin bikini with a magnificent ass that she puts on display for you as she walkS back and forth slowly and teasingly. Just look at what we have in this incredible tape [called Sassy Sylphs]: about fourteen girls between the ages of 11 and 17 showing so much panty and ass you'll get dizzy. There are panties showing under shorts and under dresses and skirts; there are boobs galore and T-back (thong) bathing suits on girls as young IS that are so revealing it's almost like ing th.m naked (lome say eyen better.) KnQx v. United States, Bri.f of United States in Opposition to Petition for a Writ of Certiorari at p.3 (March 1993). (emphasis added) ,
- , - Th. images in the films included focusing on the pubic area, an off -camera voice saying Nye love it," another child directed to pull a strap down over her shoulder as the camera focuses on her exposed nipple. Kn2X v. United States, Brief of Amicus CUriae National Law Center tor Children and Families Al., Appendix A (1993).5 AS this Court itself concluded in its earlier Kll2K decision, the videotapes "contained vignettes of teenage and preteen temales, the ages of ten and seventeen, striking provocative poses tor the camera. The photographer would tOOm in on the children'S pubic and genital are. and display II. close-up view tor an extended period of time. The (11.5 themselves clearly were designed to pander to pedophiles." v. KD2X. 979 F.2d 815, 817 (3d cir. 1992). Moreover, it i. diffiCUlt to imagine for what othar purpose appallant would have purchasad the tape Thus, Amicus believes it shOUld be beyond question that the films' focus on the exhibited children'. pubic area served a "lascivious- purpose. That these films should have a lascivious ettect, even absent nudity is not surprising. Those who purvey , There can be no .erious que.tion that the relevant standard is whether the exhibition is intended to be lascivious as to one predisposed to a sexual desire for children. Were a reasonable man standard used no exhibition of children might be found ' -,
- . - pornography have round numerous creative ways to sexualize that fall short of total nudity.6 Women and children drinking and eatinq are common pornography sex cues. Pornographers have reddened, lips to mimic oral sodomy, often pressing one finger seductively onto the lips or licking a dash of foamy, white cra.m ott a finger. 7 Photographs Cocus on 010 - ups of white teeth sugge.tively biting into hot doqs, bananas, strawberries and apples, a visual equivalent of the double entendre. sippinq from a straw or eating ice cream con and lollipops are standard pornQ9raphy fare in which the perf orDers' eyes lust tor copulation. One Hustler cover displays a young girl'. race, ber pursed lips hesitantly touching a clear glass tilled with a sli9htly (oamy, yellow liquid, an allusion to "golden showers," a "sexual" aetivity whieh involves the ingestion o( urine. 8 As di.cu d, supra, the depietions a. "al.ost like 1ng even better). deseribe the them nak.d (.ome say , Playboy" has also used a vi.ual montage Playmate o( the Month and then pictures her child to t.age. o( children . its nude a. a D. Morri., "anwatehing; A field Guide to Human Behayior at 241 (1980) (di.cussing the u phallie- shaped objects approaChing the open mouth, or by the use gently parted lips, aoistened and reddened, in erotic or sexually teasing photographs.") "'
- , - otten us. inanimate objects to elicit a sexual response . Teddy bears, hair bow., lipstick, , br , bobby socks, cace and pencils have all been eroticized. 9 Handcut' s, whiCh were once associated only with crime and police, have through their u sa 1n pornoqraphy, become symbolic for sexual excitement and sadistic aex. The ma i. true tor long, silken ribbons , ropes , chains, string_ and leather ropes. lO Especially disturbing i. the u.. by pornographer. ot schoolgirl unitorms a sexual stimuli, child abuse in young consu=ers and borderline and active pedophiles. II In Japan, vhare achoolqirla vearing navy blue sailor- style unitorm. and white panti ara ajor feature ot pornography, Reuters recently reporte4 that "Tokyo police found 1200 piece. of schoolqirl.' , J. Reisman, Soft Porn Plays HArdball , at pp. 1'2-1'4 (1991) . " -Pl ayboy" Septeaber 1975 - woman handCUffed for torture; July 198) - gartered, hanging handCUffed woman in a phone booth; January 1978 - imaqes of handcuffed tortured women and a male ridinq atop a smilinq blonde, saddled woman being whipped with a riding crop. H X and R Rated Senate select Subcommittee 0" Stan4arda Relevant the Supply ot pp. 11-1) (March Technoloqie., "
- 10 - underwear and un i t orms in the apartment at a man arrested tor breaking i nto s chool locker r ooms . He became aware at the value o! used schoolqirl panti es tor sale. Schoolgirls can sell their panties tor around $9 a pair. Pornography vending machines retail them for several times that much. ,,12 The problem ot sexualiting and abusing children will only escalate as technology becomes more versatile. Modern personal computers can now be equipped with graphics Which pictures at chi ldren to be captured via a pedophile's toom lens and then entered into the computer. The children can then be digitally undressed, genitalia enlarged and colored in a nonhuman way and then used in sex and violence scenes. 13 The pedophile can insert himself and/or his friends into the child abuse scenes. As breaks into the home market and portable systems, a growing number " Reuters, January 5, 1994. Young male underwear is also advertised tor eale in gay magazines such as "Tbe April 9, 1991 ("Hot. Sweaty! Jocks, brief boxers, worn to qym ") 13 The Washington post recently reported on the use of digital imaging and some at the concerns it raises. "Digital- Imaging Fict ion Leaves No 'Footprints.'" lhI Washjngton POft , Section A, p. 3 21, 1994) . -,
- 11 - of pedophiles will have instantaneous access to their pornography In sum, pornography has long given up any sole reliance on nUdity, and We stand on the threshold ot an explosion in the proliteration ot pornographic It nudity becomes the legal standard, the growing pedophi le population 16 will be tree to acee e vast body ot lawful, sexually arousing child pornography. As we discuss in the next section this will serve to put children increasingly at risk for harm and sexual exploitation. In. INTERPRETDiC '!"HE STATtI'l'E so AS NOT TO REQtJrRE NUDITY IS CONSISTENT wrrH CONGRESSIONAL PURPOSE AND DOES NOT REHDER THE S'l'A'l'tlTE UKCONSTITUT:IOKALLY OVERBROAD As this Court has alre.dy recognized, Congress' purpose in passing the statute was to guard against legitimate threat. to the phy.ical and psychological H This future is not so far away. In 1992 Penthouse began to offer virtual reality materials tor sale to it. readers. On February 25, 1994 Oprah" discuss.d and described a virtual reality Penthouse pet. l' Pornography is already a flourishing industry. According to the Attorney Gene ral'. commission on Pornography, it inclUdes more than 450 ditterent magazines, 20,000 adult book stor and two million videocassettes and is the third most profitable business segment - - after narcotics and gambling -- for organized crime. 16 .au. Bennett, W., The Index of Leading CUltural Indicators, 1 at p. 11 (March 1993)
- 12 - well-being ot' minors. ~ , supra, 977 F.2d at 821. 17 There are two aspects to this harm. First, there is a signit'icant body ot' evidence that the children directed to appear in sexual scenes are injured as a result of the experience. Second, the available evidence also supports the conclusion that at least some segment of those who view child pornography for sexual arousal are likely to respond with acts of sexual violence toward children. As ~ i c u s demonstrates below, the nature and extent of this harm is substantial, and there is no credible evidence to suggest that the resulting harm is any ditterent whether the children are displayed nude or partially Clothed. A. Harm to the Cbildren Being Displayed As this Court has written previously, children are incapable of consenting to the diminishment of their dignity that performing in pornography forces upon them. Kn2X, supra, 977 F.2d at 821-22. There are numerous ways in which children who are exhibited in pornography are harmed. First, the children have either been torcibly separated trom their parents or they are 17 See Ala2, Webster, W., Pedophilia, "FBI LaW Entorcement Bulletin," January 1984 ("Public concern over this perverted sssault on children was directly expressed in 1918 when congress passed the Protection ot Children Against Sexual Exploitation Act. The dangers ot sexual exploitation and pornography to its victims are only too evident -- physical and emotional suttering- and -.ruined lives.)
- 13 - participating with their parents' or guardian's consent, and usually their or brokering and threats and abuse. Th_ tormer is obviously debilitating to the child as is the lattar, involving coaplata parental betrayal and abdication ot their traditional role as protector ot the child. FUrther, children who are east in pornography have otten been incestuously abused betore and atter the tilming. IS These trauaatized and abandoned youngsters are at greater risk tram AIDS, other sexually transmitted diseases, drug use, prostitution, suicides and heterosexual and homosexual homicide. 19 The impact on children east in sex ti1ms was chillingly recounted in the testimony at a woman who was torced to appear as a child in such tilms. Although the quoted excerpt is lengthy, amicus believes it is worth quoting in tull. During the making ot the pornography, I was photographed nude and in costumes, raped by men and a variety ot objects, and subjected to sadism and physical " Senate Hearing 98-1267 Betore the SubcOmmittee gn Juvenile Justice at the COmmittee on the Judiciary "Ettect ot Pornography on Women and Children," (1984) at p. 169. ("I was not allowed to do "certain things" while tha pictur.s were beinq taken. I could, and in tact had to, do those same certain things when pictures ware not being taken.") 19 Lloyd, AttornlilY General' II Report (July l P86); Senate tho
- 14 - abuse. The torture vas even vorse tor me. Watched constantly, I vas denied contact vith other "models" and spoken Qbout in the third person like an inanimate object. My thoughts, feelings and objections vere totally irrelevant. In addition, my tather had threatened physical violence and my life if I told about the pornography and I believed him. This living hell shamed and humiliated me beyond description. Many women and children have experienced worse. To me pornography is not freedom of speech, but freedom to abuse. YoU see, it's not just a simple matter of a picture taken. A real person is being physically and psychologically battered, degraded and beaten down. Similar to the experience of black slaves and concentration camp prisoners, the pornography -model" becomes a non-human, stripped of any and all rights. The utter shown children and vomen forced into pornography is by them, We learn to loathe ourselves, to believe we really are leftover trash until self-worth and dignity sre gone. . I deeply resent the stigma and contempt we "models" face from a society that permits pornography to llourish I am one of the lucky ones -- I survived. Many us us died in the making of pornography and afterwards from drugs, alcohol, prostitution, poverty and self-hate. 20 20 Anonymous, Karch 5, 1985 Testimony Before the Nebraska Judiciary Co-=ittee Rearing on LB 668 "The Child Pornography Prevention Act,- ,
- 15 - B. Effects of Child on Those Who view It The effects of child on those who use it are nearly as chllllnq.21 Research suggests that is a mood-altering drug that leads to addiction among adults and We discussed above the use of schoolgirl uniforms in child pornography. In Australia, schoolgirl uniforms commonly appear in pornography, "copycat" sexual have The law enforcement supervising the search for one such child was quoted in the press as saying; " You've got any amount of males that'll .it outside schools and follow kids. Some men even set up videos in their cars or vans and record young waiting for buses. They'll video them as they cross their legs and then they'll take the video home for their own sexual gratification . We're staggered by the amount of porn in the of and the commission of
sexual crimes A nUMber of experimental studies of sex offenders, as well as laboratory studies of the general population, have found correlations between the USe of obscene material. and either the actual commission of sex offenses or changes in attitude indicating a greater likelihood of committing sex crimes. 53' of the child molester. surveyed intentionally viewed sexually explicit material as part of their deliberate preoffanse preparation.") " See O. Reed, "POrnography Addiction and CompUlsive Sexual Behavior, at pp. 249-267 in Kedia. and the Family. ed, D. Zillman, J. Bryant, A Huston, (199'1.
- 1.6 - cOllUllunity -- the bestiality, the .adomasochism, the children 1'111 convinced . there'. a stro ... q link between p orn and the amount ot sex crimes WII qat. 2l John Rabun, then deputy director o ~ the National Center tor Missing Childran, .tatlld betore a congressional hearing on "The Ettllct ot Pornography on Women and Children" 100 percent ot the arrested pedophiles, child pornographers , pimps, what have you, allot these in IIttect child molesters had in their possession at the time ot arrest, adult pornography ranging trom what is in the literature typically ret erred to as sott pornography, such as Playboy, or up to harder, auch as Hustler, end et cetera ." Senate Hearing 98- 1267, supra, at pp. 133-134. Criminologist Tim Tate has written that U.S. Postal Service statistics show: " that at lea.t 80 percent ot tho.e it identities as purchasers ot child pornography are active abuserll . It a man buys child pornography he does so tor one reason and one reason alone, accordinq to Ray wyre, who runs Britain's only tul1-time clinic treatinq pedophiles. 'The reason is The Sunday TasminiaD, February 28, 1993 at p. 19. The impact ot pornography can also be .een in the ca.e ot Oakes v. Massachusetts, 491 U.S. 576 (1989). The Commonwllalth alleqed that the detendant took photos ot his stepdauqhter "in increasinqly revealing .tate. ot undress including clothes trom Frederick'. ot Hollywood.. Ultimately, he took photographs ot the victim nude, talling her that he wanted to "make her big tor Playboy." Briet ot the Commonwealth ot MaSsachusetts at p.8. "
- 17 - that he wants to have sex with children.' The t act that he may not have done so is more likely to a question ot or the tear ot getting caught. 24 Moreover, sex of fender treatment literature regularly discusses that tho.e who to child imaqe s are commonly inVOlved in child abuse. 25 Dr. Linnea Smith, a psychiatrist specializing in medi a research, has written that "Playboy'S persistent and long-running use of i=age5 of children has not just ted the demand f or seX\lal access to children but has "help[ed] to create it:. N26 " Tate, T. Liberties, (1992) p.207, 25 Reed, supra, at 263; v. Cline, "Pornography Effects! Empirical and Clinical Evidence," in MediA. Children and the Family, ed. Zillman, Bryant and Huston (1994) (finding that those who masturbate to child i mages are highly likely to sexually assault chi ldren. ) . rn sharp contrast to this evidence stands the psychological report of Appellant by Dr. Frederick Covan that Appellant does not pose a threat to the community. As the attached statement of Dr. Linnea Smith discusses, there are substantial weaknesses in Dr. Cavan's report. " Dr. Linnea Smith, "It's Not Child's Play," 1994. A 1989 study of pictoriAl representations in "Playboy" trom 1954-1964 found, among other things, that o 1,675 child image. were associated with nudity o 1,225 child imag8s were associated with genital activity o 989 child images were associated with Adults o 792 adults were portrayed as pseudo-children o 592 child imaqes were associated with torce o 267 child images were associated with .ex with . .., [ Footnote continued on next page )
- 18 - One particularly et!ective way in which child pornosraphy leads to sexual abuse lies in the dehumanizing view and treatment of the chi ldren exhibited. By placing the children in unnaturally seductive poses, the children are directed to mimic in heat or estrus. 27 Dehumanizing children in this way makes it easier for the pedophile to justify sexual abuse. As the evidence begins to mount that pornography is than just a pleasant diVersion, steps have begUn to be taken to mitigate its harmfUl impact. In February 1992 the Canadian Supreme court. efter reviewing the extensive research in this area, unanimously outlawed pornography. 28 The Justices concluded that any [Tootnote continued from previous page] or objects o 51' of the child cartoons and 46' of tha child photographs showed children age 3-11. Almost all depictions of child xual abuse portrayed the child as unharmed or benefited by the activity. J. Reis_n. Executiye Summary, supra, at 10. " s..JiI Australian Senator MarIana Goldsmith, "Pornography and SexUal Violence,- Quadrant, p. 29 (November 1993) (-even many apparently nonviolent images a! naked women show them presenting as i! in oestrus -- as if already aroused and frequently in poses reminiscent of animal seXUality."); Morris, supra, at p. 239 ancient rump-display or the sexually active famale is rarely used in the human .pecies. Exceptions are !ou.nd in . certain (po:rnoo;rraphic) advertisements.") " B.... v. Butler, [1992] 1 S.C.R. 452. ",
- 19 - wo=en" and which "could cause har." should be banned. In 1992 the parlia=ent restricted X-rated cable TV and is now looking into restrictions on R-rated materials. Recently Reuters reported that Sweden, which has become a "hub tor international trade in child pornography" is considering banning it. possession. Deputy Justice Hinister Reidunn Lauren was described as having been "deeply shocked by the graphic scenes. n29 C. Interpretinq the Statute so As Not to Requfre Nudity Will Not Render It unconstitutionally Overbroad Appellant has suggested that interpreting the statute so as not to require nudity renders it overly broad in that it will no longer be directed to the "hard core o! child pornography." Appellant's Brie! at 34. 30 " Reute rs wire story, January 18, 1994. 30 In making his overbreadth argument, appellant asserts that it the statute is not read to apply only to nudity, a parade ot horribles viII occur and parents will quake with tear lest innocent pictures taken o! their children in ballet class or at the beach will be branded criminal. These tears are completely untounded. Further, it is not the parents ot ballet students who are raising these sensationalized tears or seeking to overturn the result in this case. Rather, it is, among others, "Playboy" which has written extensively about this case and amicus Aperture Foundation, Inc. which publishes "Aperture" magazine a publisher ot child pornography "art." Even appellant's counsel, Lawrence A. Stanley i. listed as a editor tor "Paidika: The Journal ot Paedophilia" and has been reported by the Columbia Journalism Review as the publisher ot the magazine "Uncommon Desires," which [Footnote continued on next page]
- lO - as tne court hal and al t hil because of the government's I trcnq interest in tha phYlical and =antal ot ohildren. 31 As hav .. draady d-... on"t.rat.d abov., wh. th.r that tully unclothed. Fo:r th.is reason, al one, appellant's acc.pt Appoollent's would nsrrpy t he statute luch an extent thet it be larqely ineffective in carryinq out itl intend-ed, and con.UtuUcnally andor"ed, pJ.rpos . S.uoond, beeau,. .. tha statut. un" illa9"" and not vorda, any a"alysia ot- its ocnstitutlonality ... ust tAke into account tn. gr.-t.r ot i.aq.. On tn. brain and the r.sultlnq QT ter i ntluenc. on b&havior. Ther. can be little douot that i __ gel are .ore powerfUl cOlllDllnicaton than worob. AI wal statad to United Stats" Supr court 1n a 1989 amicus brief: continUed It If iU H!!, lark v. " Fubpr, 458 U.S. 747, 756 (1982).
- 21 - 900d or bAd, true or tal.e, is processed as forcefully and pernsn.nce, while c02potlnq pr i nt! is proc.ss.d ta.bly, o r i n 502. c a seS not .t .11 . . Th.r. i o: body o f acia ntitlc r arch wh ich Shovs t h a t picture" are proc d .nd r e tained by the cr.in i n a differe nt than t he written word. 3Z thill vi .. w. " ,. " Taxen tno Mation " l powsrs of p.r.ua. i o n ,- II nev exhibit ot War I I post.r art, qrapples provocativ"ly .. ith. the manipulative IaVic in villual symbol.. HOW do iaaqss evo);;e emotion. glr.cting the Office o f Infor.atlon. was the colol:>rated poet-, Archibald "'sOLaioh _ Ttl. aan under"tood l ... .. q. "nd iaaq .... " C.v bureaucr .. t s hav .. s i nce . They depict .,uscul .. r -.n <U>d- deteraine<l WOIIlan, forthright citizens and imperilod childron, roaring blast furn .. =aa .nd t..mlnq ..ely lIn.. iIOnd .. n anqry Statu. or Liboorty lind Uncle 5&11. 33 - Brier of v. Concarned WODen of Aaerica. .. U.S. 1. 0 l (1990). sectio n ",;.bl ngtgo ppst. ,
- 22 - In the u.e Of p ictures children, rather than the wri tten of sex yith children, is likely to b4ve a ear Eore pOYerrul and digturbini .rtect. It is no accidlnt that pedophiLes rlverl picture than the Yord. The plcturl. ot Golesration thn on a deeper and IItronqor 10"8l, be it neurochemic.I or p.ychological. Tn of child in a phot oQroph, lo"il or VidlO 11 cl.ar, de""'"tatin'l, al'lCl it retains ita .Ipra"ed pot.ncy tor thoa. that possess Ind vie .... i t . . . tt 15 til:e to stell the tid. of this t erribl e bolocau.t which ol.lma thoul.nds innoc.nt ohildren .e ltl victiAS. p OI ion ot pictori.l child pornography c.nnot b. th. SAme First prot.ct ion as written depi ction. I ntuition tollow. the old sdaQe that "a picture I, worth a thou.and worde, Unfortunately, sin91. photoqraph ot a lole,ted child .polk. vOlual' .bout the tragady that ha. bet.11ln that child. J4 There can be nothing constitutionally ln rOlding ItltUtl 10 al to prot,ct the innoc.nc. of rv. C9!fCLJlSJo. th.t thil Court rejeet .ny notion that the Child Act was intended to cover only the use ot nude children in child pcrno9rlphy. AS di scuslad lbo"e, nudity 11 not necessary, and ill most otten not to leru!lly J. 8rle: Of Concerned WODen of Al:lerica, :lII$l3I, at pp. n - H.
- 2l - addition, the that ehild pornography pregent$, both to the eomproAlsed by their par.nts a nd displayed in th. and to those vho v ould u child "perrormer" bel"", "xhlblt.d is being p ....... itted to ve.ar panties or not. Reap"ctfully auloaittac:l, D .. Ray, D .. Ray cDuns"IIDrs at LBv 1012 South Pourtil St. 40l 0J (502 f 584-1300 C.vid S. Eqq.rt, Esq. M. Shaheen, Esq. Arnold' p"rt.r 1200 New Hampshire Ave., NW Vasllillqton, J;)C 20036 :lC2) S72- HOC Co"n ... l to .... ieu .. curiae Instit"t. tor M.die Edue _tlon
RIDDtt Df Llnnoa W. SDitb . M.D The rollowing cOCenta are In response to a by AKICUS, for Madi a Educati on, tor an of t ha raport on Xnox sublllittltd by Pl'ed.aricl< L. cavan, Ph.D., and d ... ted I am psychiatrist speCializing In issues of pediatric tral1mi'l and .... ,Ua .. nt. II copy ot IlY is attached. 'l'!Ia raport as ""itun aoemed li.mite<l. In .tope wlUl a lla joci t y ot tluo history and evaluation based. on tha surt ... ce level content ot Mr. lo1Iich wall accepted uncritically. Sex offenders in general and padophilaE in particular ..... ctrongly d@t anded, t o a gr .. extent tne det*MS. _chanilDlS ot danial, rationalization, and . ini.iz"tion. It Is essential intarview techniques include conrrontatlon and the Challenqinq or inccniruoua .t.t .ent.. Thla vaa not " .. dily apparent rro," reading the .ua.ary ot Mr. KnO%'. evaluat ion. The .bQut intimat e wuel hiBtOry- but the i nti .. te were not evidence In the "ontent et the eva.luator's repert. Very Httl. detBll 1s r elated about Kr. KnOK'. early childhood other
- , - in the Knox but it .as not eTid&nt thl' " explored !'=ther. Behavioral indicato"l commonly in x- o r render population. whi ch wara in tne raport Inolude, (ll poor relationlhip vlth hthlr, isolat1<>n, P) In..-curlly, (4) lcndin_n, (5) lev It-lst_lI, 'I ) no 010' la trl_nela. &nd 111 rIp_tId r. jection by w" ..n. ral.cionlhlps vith adul t voa.n va .. a IclentJ.ticd. thh In ItMlt d ...... not elillinate the rh)f of acting out the axta"-lvI r.ne., t of interactiona with chl1dran. A t a lr ot child x oftandare heva b.en Involv-o In adult ralationahip . n.. raport U.t.d thl ahn4ard plyoholO9'l .. &1 t t. ad.lniat.red, with a inl .. 1 datail, of the .... ulta. An independent IV_Illation or the teltin9 would t. helpful. IUC, report..:!ly scor.a In thl ."perior "&ng& of intRl 119."'" and. with 101. r..,.,nt and conaiderabl .. i ...... h_nt In t.n. _ ntal hoult.b. '),'10'" i, in a better po.ition to .. nipulat. t.n. r ,.ult. to pr ..... nt a t.vorabl. i ,_ i. to hi. parc.iy.d adVilntag,". It " oul<! alao boo to wlWS. te'tin, t o ,.x-otr.nd ., .valuation suoh t.n. penila tu.oac.no. plytbyaaqraph t or det.or:aination or d.vhnt .r ...... ll Il.iararchy. ,
- , - It would be pertinent to have mora about the 90a1a and f ocus of Xr. praviou. tna ot tnarapiata in tha specialty o f x-offanea .. tr_c .. nc , Kr. coll;oli""ca ..- i tl> tr.a>:DBnt. and. it hi. t r t ... nt "'UO" 00\100 "rda .. a d. experience of t url>llti ng to Playboy- 11k. ".gul" .. while tant lz1nq to same-a,. f ... l" pcu-a. I n the urly 11170' . th .. tre<fUIOIICY Of ClI!ld i ... , .. in P l ayboy ' the .'.,ad .... i_g and h1 .. fant y cont"nt ccll.ld include childr .n v l abla xual ter g"t . At on .. point, be "' or1&o4 fant ie. ot 13 end 14 year-old 9 1rla 1n which n .. " ould "make-out- but -1I.&k1nc; - ouc- .. an and in itad!, In ... lIWll !antud 11 h19h1y unuSUAl and .oca cOEDOnly rvel a. .. precursor to additional s.xu .. l behavior . At another poine In tn" .. aport, th .. xu.l' ph ... l a-.l. Ttli. 11 unuAl1lIl alI4 .or .. di rUcult t o .ccept in light of hi . hi.tory of ri.k- I:.kin<] 1:0 obt.in Child IJexuoi .... t .. rt.l , (tluore h roo of th .. content of the .. .. rJ.l i n que.l:l en in Mr. fl r.t conviction of receipt e nd po . .... i on ,
- . - child pornography). The r ole of pornography in fantasy production 05 as a crutch doss not support c l a i m of fantasies. Hi& f anta.iGs of accapt.nc. and cooplsto adoration by littl_ g irl& i comnon component ot t ho fa nta.i @s of p@dophiles and doesn't decre.se tha likelihood of tant t... R rcn has shown that deviant fant i.. l .a. to deviant cot i nq out and h;onda- on sexual off .. ns.... The vast lOa:!or ity of porno9Tophy consumers molost children . Knax'. firet oar r choice involved t at og@ laval of h is object inter t , hi gh- risk situati on. His history i ncluded the conviction for r ece ipt sn4 pee i on of child pornography on two ion.. Hi. first conviction resulted in d isruption ot his lit e, loss ot career, placement on prObation, in Pl'l'chotnerapy, y.t h. t<><>l< _.ur.o. to obtain porn"9T8phl' on 8notn.u- occ8"ion d.t.u-.inecl by ti>. 1.9a1 "yate.. Thi" is evidence ot the severely co.pul_lv. asp."t ot hi. behavior. Th. majorit y of otfender_ sre obs aivaly wi t h pornoqraphy. It i. diffiCUlt to understand the basis of Dr. Coven's "o",ton; in predictlnq tha.t Stephan futu .. e bahavior will not preaflnt a .. 1&k to chl1drfln or tne c:ol3lUJ\ity. -,
- , - .. ' If an buys h. dolt 0 ona ..... .an .nd ..... r_.en . lona,' accordinq t o who run. o',IV tu.ll - tl ellnie treating padopI!11... 'D ....... on t. t hat ha .. anta to 1I.v. ... v ith ch ild ... n. r.=t that n. aay not h.". <I""" .., i .ora ILkaly t o t.. '" qua.clon ot availabill ty or th. rIO ... ot gattinq cauqht than ... vul.! .. n at t he ... ry concept .' "Ita ( the U.S. Po.tal 'arvl .. . ) _clIti at! .. ," "nOV t/lac '" l t 10 par cant of those it 14.h01tl pun=hil&ara at child p<>J'l\O'JI"aphy ar. actl"a abu...... ' The ... at .1thoor h n' t had the opportunity to .bu or 80r. probably bav.n' t rat ,' e'" poet_l aervice ,peelal a.ant ".rnMl." (It :l1n . p . l Oll. ... Chl ld pornographT Can n.va .. be '" ... r.ty-valva both becau th. chl 1dr-n 111 it lOra beln; u.uaad. and Mcau the pedopnl1 v it to ",Illdat. th.ir r 11ng&, to .aka thea r l tilay Ira I n that way it h.w .... their inhibi tion. about going out .nd abuaing childran rathar than pr nting t ham fro.. dOin'i ao. n (It,iII, p. 211) Tia Tat_, Child Pcrnography Indue try-, ttzin, Cetherin., Pomogrephy; Bltn. yiolln;_ and Civil LIRt;ti.e. Ozford PT, , 1"1.