Overview of Child Victimization Online The effort to combat pedophiles preying on youth online has grown exponentially throughout the past decade. There is no limit to how far passionate child advocates will go to stop these online pedophiles. From posing as minors in order to receive personal information from children to setting up actual real life meetings with them these disturbed individuals find children to exploit. There are definitely ways to break through the anonymity of cyberspace. The inevitable question that rears it ugly head is: How far is too far? Are investigators guilty of entrapment? Where do we draw the line for constitutional boundaries? Although these individuals are appropriately loathed by the majority of the population, some argue that like all crimes, we are innocent until proven guilty with proof of motive. The issue of intent is one that goes far beyond the courtroom and deep into the minds of these online pedophiles. Still there is the most important issue; there are an estimated 725,000 children that have been “aggressively” pursued online by adults seeking to exploit their naivety and innocence. There are several facets of online victimization of children. Of foremost importance is how to protect the child from victimization. Other issues raise questions as to the methods of successfully reaching this goal. There is the dynamic of the child’s role in this obsession. Psycho-social development of preadolescence and adolescence may in itself lure predators. Does the anonymity of the internet protect the abuser from public scrutiny therefore allow them to escape the social morals of society which might deter would be criminals? There exists as well the legal issues; how far can law enforcement go without risking having their cases thrown out of court based on the violation of first amendment rights and laws of entrapment? The issue most concerning to society as a whole is the effect of child victimization and exploitation has on the future of our society. Psychologists agree that many of the abused become the abusers. The Victims No one would or should ever fault a child for any abuse that is perpetrated against them. Yet, there exist characteristics of the most targeted age group 14-16 year olds that makes them easier prey. These facets of the character of 14-16 year olds include; Psych-social development, biological development, home environment, and unsupervised computer access. The psycho-social developmental traits of 14-16 year olds may facilitate a predator’s ability to manipulate them. Noted social psychologist Erik Erikson identified adolescence as the identity formation stage of his theory of personality development. Erikson states that “the major challenge of this stage of development is identity verses role confusion.” (Erikson 1968) They often question “Who am I?” Adolescents are strongly influenced by trends and trying on new more “adult” ways of behaving. Developmentally appropriate, they are seeking guidance from the world on who they are or will be. Out in the world the media bombards them with sexually provocative images and looks. The in look and behavior of Christina Aguilera and Justin Timberlake. Teenagers feel they need approval of their peers. As a result they often conform to peer group values and ideals rather than parental values and ideals. (Perry 1990) Teens are more trusting, naïve, adventuresome, curious, and are also eager for attention and affection. Biological development also plays a huge role in attention and affection seeking behaviors. The ability to reproduce which occurs during puberty (boys’ average age 11.5 and girls average age 12.5) awakens the instinctual attraction and need to be paid attention to by the opposite sex. The pubescent development in turn drives attention and affection seeking behaviors in adolescent boys and girls. As sexual customs have changed so has the age at which adolescents become sexually active. Today approximately 2/3 of all boys and 1/2 of all girls have had sexual intercourse by the time they are 17 years old. Sexual curiosity coupled with sexual desire may lead the adolescent to seek out information about sex. This innocent and psycho- socially appropriate exploration could lead the child right into the world of the cyberperv. One click on an innocent looking website or email has now made them a potential victim. The adolescent’s desire for emotional independence and parental emancipation are elements of the teen personality that can lead them to be secretive. Secrecy will become even more pronounced when they perceive their behavior to be unacceptable to their parents, contrary to their parents’ morals and values. The internet gives the teen the anonymity they desire. The parental lack of knowledge of their activities allows for an escalation of events which in the worst case scenario could end in their child being victimized. Although victimization of children online occurs in homes with parental presence it is occurring more frequently in homes where there is less or no adult supervision. Children in homes where there is little or no adult supervision are online everyday out of loneliness they may open themselves up to someone who is waiting for the opportunity to prey on them. Today over 3/4 of children living in the U.S. are living in divorced or single parent homes. Many of these parents are working more than one job or absent from the home to provide the financial security they think their children need. Beyond lack of supervision by adults there are filters and blocking software available. Yet, in “The Youth Internet Safety Survey” conducted by the CACRC at the University of New Hampshire, Dr.David Finkelhor, Dr. K.Mitchell, and Dr. J. Wolak found that only 1/3 of parents had such devices installed on their computers. Victimization also increases with the elements of adolescents who are emotionally vulnerable, dealing with sexual identity issues, emotional trauma, and rebellion.
The Perpetrator One of the major arguments surrounding the issue of pedophilia victimization online is the fact that the major players in child abuse cases are those who know the victim personally. Relatives, family friends, and acquaintances such as coaches and doctors are the most common perpetrators of sex crimes against minors. This does not mean that just because these people are the mainstream that we should ignore the fact that thousands of children each year fall prey to online pedophiles. Pedophiles fail to fit into a set category of abuser. The personality and social traits of these individuals vary from antisocial misfit to the suburban dad who coaches little league soccer. From a sociological standpoint, this sector of abusers is hard to pinpoint and track down due to the numerous variables involved. The anonymity of the internet only perpetuates this problem. Pedophilia as defined is the desire to sexual relations with children as the preferred or exclusive method of achieving sexual excitement. The profile of a pedophile is usually men under the age of 40 years old. They are individuals who cannot adjust to the sexual role of adulthood. Pedophiles feel inadequate in adult relationships and have unstable social adjustments. They perpetrate crimes against children to ease stress and as a reaction to aggressive moods. They have a history of frustration and failure. Other attributes are their perception of themselves as being immature, dependent, lonely, insecure, and lacking in assertiveness. The pedophile is most often reared in a home of extreme religious beliefs. In their families sexuality and sexual feeling are hidden and negated. From this they experience extreme quilt about sexuality even though they are obsessed by it at the same time. Many pedophiles were victims of sexual abuse themselves. The majority of pedophiles are heterosexual but their sexual attitudes are so rigid and repressive that they cannot maintain adult sexual relationships. As they wallow in pornography, obscenity, indecency, and their obsession they maintain an appearance of paragons of morality and virtue. There may in fact be a cause and effect relationship resulting with pedophilia. Studies have shown that although characteristics such as depression and self-esteem issues are consistently shown in pedophiliac individuals, these characteristics may be a result of the reaction of society to their pedophilic actions. Many believe that pedophiles are child abusers that demonstrate aggressive behaviors towards their victims, although this is misconception for most cases of pedophilia do not involve doing harm to the victim. The main issue in these cases is not violence, it is mainly sexual interest. The crimes committed online against children by the perpetrators consist of; sexual solicitation – requests for sex, sexual talk, or sexual information, unwanted exposure to sexual materials – popups, emails, or email links, aggressive sexual solicitation – offline contact via telephone, postal mail, or in person, and harassment – offensive threats and behavior toward or about the victim. Another type of online victimization of children is using pictures sent to the perpetrator by the child and the perp reproducing it into pornographic materials without the victim’s knowledge. These images are often sent on the internet to other websites. Tactics And Efforts By Agencies and Law Enforcement Now the question of how to catch these individuals is raised. Here identified are some of the most recent tactics and strategies used by law enforcement as well as individuals working from the privacy of their homes to catch these pedophiles “in action.” The Innocent Images National Initiative is one such program created by the FBI to catch pedophiles online. An estimated $10 million dollars is backing this nation wide proactive program. The main target of this operation was pedophilic activity via America Online. The national initiative was set into action after undercover agents for the FBI discovered three Yahoo chat groups engaged in the exchange of child pornography through these web groups. These online communities are the most popular gathering place for online pedophiles. The number of IINI cases opened increased 1,997% from 1996 to 2002. This number continues to rise as investigators dig deeper into this sector of online crime. The typical storyline of one of these busts is that of an investigator playing the minor that succumbs to the advances of the pedophile, typically in a chat room. The pedophile is unaware that they are actually enticing a government investigator who will use the information the pedophile supplies them as to their whereabouts to catch the pedophile attempting to make real life contact with the minor. Although the pedophile may not have a previous record of victimization, the suspect can be arrested due to the “intent” to commit the pedophilic crime. Even if child porn is transferred over the web through email, the person sending the email can be arrested for intent. Along with government officials, many individuals are operating their own task forces right out of the comfort of their own homes. One woman, Rachel O’Connell who works for the Cyberspace Research Unit at the University of Central Lancashire, started her own pedophile busting business while working on her PhD. Upon her investigation of the relationships pedophiles form with their victims online, O’Connell recognized that the pedophiles present a friendship-forming phase where they befriend the victim until they are sure there is a sense of trust. After this phase they start to present their victim with more sexually based questions. There are though, some who are just looking to embarrass and expose the pedophiles, not so much get them in trouble with the law. Websites such as MillionairePlayboy.com provide viewer of their site (mostly today’s youth and young adults) with a comical account of “How to Bait and Abuse Pedophiles,” a strategy created by Thor Jensen (dubbed a “pedo-baiting genius”). Now while many will say that two wrongs don’t make a right, the strategy presented by this website is very apropos. This site guides viewers through steps to turn the tables on pedophiles and make them victims of their own sick game. Jensen’s website is called “Amber Forever.” The question now asked is, how far is too far? Many may claim that this form of pedophile busting can be considered an issue of entrapment. Legally, the word entrapment ( according to Lectlaw.com) means: a person is ‘entrapped’ when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case. Therefore, a suspect has been entrapped if: the idea came from the government agents, they persuaded the suspect to commit the crime, and the person was not “ready and willing” to commit the crime prior to the advances of the government officials. Cases of this nature have brought up many civil liberties issues that many online pedophiles have used in their defense. Is law enforcement catching these individuals before they can commit a crime, or are they actually manufacturing the crime? Where do we draw the constitutional boundary lines? Although, there are websites in cyberspace which ensure that there will be no case of anyone crying entrapment. Law enforcement in the UK, US, Canada, and Australia have created one such website. The basic concept is that no one is arrested for online pedophilia the moment they enter this site. What happens is the person will be given a warning of the nature of the site. If the individual continues to use the website to acquire pornographic materials of children or to contact the “children” they will then be apprehended. Besides just convicting these criminals, the task force in this operation hopes to deter the resources of child porn on the web from growing. This is because every time child porn is requested by internet users, this (just like any other business) increases the demand and in turn, the providers increase the supply. That means more and more children becoming victim to this crime everyday. To add further complexity to this issue, many of those online pedophiles set up and caught are now pleading what law enforcement has deemed the “fantasy defense.” By using this “fantasy” or “role-play” defense, suspects who are lured by law enforcement to set up a “meeting,” will claim, once they are apprehended, that they were not aware that they were really chatting with a minor. Their claim is that they were under the impression that they were in fact role playing with a consenting adult and that they were setting up the meeting to act out their fantasy. This argument is gaining popularity, just as the insanity plead has grown over the past decades. The first very public use of this defense was in 1999 by Patrick Naughton. Naughton was suspect of online pedophilia and was busted when he tried setting up a meeting with a girl who presented herself as being thirteen. The two were to meet in Los Angeles, CA, yet when Naughton arrived, he was apprehended by an undercover sheriff’s deputy. Naughton was ultimately charged with possession of child pornography and was sentenced to nine months home detention and five years probation with an agreement to help in the creation of a computer program for the FBI. Now, with what we know about this case, does the fantasy defense seem like a realistic defense? First of all, the girl said that she was thirteen, and even then, Naughton continued to chat with her. At no point during their interaction did the girl indicate that she was an adult. Now, even with this being said, Naughton still proceeded to seek out the girl and set up a meeting. One can only speculate that the content of the meeting would be sexual interaction between the two. Naughton was in possession of child pornography at the time. Does this sound like a fantasy with a consenting adult? This case is a tough call along with the many of this sort rearing their ugly heads everyday. Outlook For The Future Many challenges face us in the future in preventing online victimization of children. The largest hurdle to jump when following up on these crimes is geographical since the worldwide web is exactly that world wide. Another factor is cooperation and reporting from victims who are often too embarrassed to report these crimes in particular if they have been participants. The best method of prevention though is education the more agencies use web services, and media to inform the public the more awareness the public will have of these activities. Law enforcement and victim service agencies are increasing their efforts everyday to curtail online crimes against children, as evidenced by the websites used as research for this paper. What ever the case may be, the only way to prevent the number of children who are victimized online from increasing is to supervise the online activities of children closer than in the past. Even with that said, as long as online pedophiles strip their victims of their innocence, there will be law enforcement lurking in chat rooms, waiting to catch these criminals in action. This increasingly resulting in “fantasy” or “entrapment” pleads. Will we ever expel these online pedophiles from cyberspace? Only time will tell. Intervention, Prevention, Assistance, and Information The following information was taken directly from an educational publication OVC Bulletin/ Internet Crimes Against Children produced by the U.S. Department of Justice, Office of Justice Programs, Office of Victims of Crime. It is used here to provide information on resources for the sole purpose of educating individuals who read this paper. Information and Intervention Resources National Center for Missing & Exploited Children The National Center for Missing & Exploited Children is a comprehensive resource for families, victim service practitioners, and law enforcement personnel. NCMEC is supported by the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) and functions as a clearinghouse and resource center for collecting and distributing information about missing, runaway, and sexually exploited children, including exploitation resulting from Internet solicitations. In partnership with the U.S. Postal Inspection Service, U.S. Customs Service, and FBI, NCMEC operates the CyberTipline, an online form for reporting suspected child sexual exploitation (www.missingkids.com/cybertip), and the Child Pornography Tipline (1–800–843–5678). Through the CyberTipline and the telephone hotline, NCMEC Receives reports 24 hours a day, 7 days a week, of child sexual exploitation and the production and distribution of pornography on the Internet. Calls to the toll-free Child Pornography Tipline can be received from the United States, Canada, Mexico, and the United Kingdom. Receives reports of offenses such as child pornography, child sex tourism, online enticement of children for sexual acts, and child sexual molestation (outside the family). Analysts review each report and provide information to investigating law enforcement agencies. Provides leads on child exploitation cases to appropriate law enforcement authorities and agencies. NCMEC case managers work directly with law enforcement personnel, offering technical assistance, resources, information, and advice on child sexual exploitation. NCMEC also has developed specialized training programs, materials, and curricula designed for law enforcement personnel. Training is available at little or no cost to local jurisdictions through OJJDP. For more information on current programs, call 1–800–843–5678. Internet Crimes Against Children Task Force Program In 1998, the Missing Children’s Program of OJJDP initiated its Internet Crimes Against Children (ICAC) task force program, a national effort to combat the threat of offenders who use the Internet to sexually exploit children. Through this program, state and local law enforcement agencies can acquire the skills, equipment, and personnel resources to respond effectively to ICAC offenses. The program encourages law enforcement agencies to develop specialized multijurisdictional, multiagency responses to prevent, interdict, investigate, and prosecute Internet crimes against children. As of mid- 2000, 30 ICAC task forces were participating in the ICAC task force program. Each task force is composed of federal, state, and local law enforcement personnel; federal and local prosecution officials; local educators; and service providers such as mental health professionals. These task forces serve as valuable regional resources for assistance to parents, educators, prosecutors, law enforcement personnel, and others who work on child victimization issues. You can obtain more information on this and other law enforcement programs from the OJJDP Web site at ojjdp.ncjrs.org/programs/programs.html. Federal Bureau of Investigation The FBI has established the Innocent Images program to focus specifically on computer-facilitated child sexual exploitation. Each FBI Field Division has designated two Crimes Against Children Coordinators to work with state and local law enforcement officials to investigate and prosecute cases that cross jurisdictional boundaries. OVC has placed a victim witness coordinator in the Innocent Images program to focus greater attention on the needs of child victims. U.S. Postal Inspection Service The U.S. Postal Inspection Service protects children online by monitoring the transmission of child pornography through the mail. Increased amounts of pornography are being sent through U.S. mail as more illicit Web sites emerge advertising child pornographic material for sale. In response, the U.S. Postal Inspection Service is tracking down these materials. In addition, the U.S. Customs Service Cyber Smuggling Center monitors the illegal generation, importation, and proliferation of child pornography.Footnotes US Department of Justice: OVC Bulletin: Internet Crimes Against Children http://www.ojp.usdoj.gov/ovc/publications/bulletins/in ternet_2_2001/welcome.html 2 Morris, Charles and Maisto, Albert, Psychology 10th Edition, Prentice Hall, Upper Saddle River, N.J., 1998, pp 524
Resources 1. Federal Bureau of Investigation: Crime in the US Statistics http://www.fbi.gov/publications/pguide/pgiudee.htm 2. National Center for Missing and Exploited Children: Online Crime http://www.missingkids.com 3. Bureau of Government Statistics http://www.ojp.usdoj.gov/bjss/cvictgen.htm 4. US Department of Justice: OVC Bulletin: Internet Crimes Against Children http://www.ojp.usdoj.gov/ovc/publications/bulletins/in ternet_2_2001/welcome.html 5. Morris, Charles and Maisto, Albert, Psychology 10th Edition, Prentice Hall, Upper Saddle River, N.J., 1998, pp. 413-422, 524 6. Lambreth, John, Social Psychology, Macmillan Publishing Co., Inc. New York, New York, 1980, pp. 142-143, 424-429 7. Siegel, Larry J., Criminology 8th edition, Wadsworth/Thomoson Learning, Toronto, Ontario M1K 5G4, Canada, 2003, pp. 35, 42, 89-90, 423 8. Strong, Bryan and Reynolds, Rebecca, Understanding our Sexuality, West Publishing Company, St. Paul, Minnesota, 1982, pp. 68, 80, 270-271, 295-304
Resource Links
Computer Monitoring
Info on
Characteristics of Pedophiles
Entrapment Debate
FBI: Crime in the U.S. Statistics
National Center for Missing and Exploited Children: Online Crime
Bureau of Government Statistics
US Department of Justice: OVC Bulletin: Internet Crimes Against Children