child pornography

CHILD PORNOGRAPHY
WITH SOME NOTES ON ITS ASSOCIATION TO CHILD TRAFFICKING

Paper presented at the Conference against Child Pornography,
COEGA Village, Port Elizabeth, 1st -3rd June 2005
Joan van Niekerk, Childline South Africa

INTRODUCTION

Many South African’s believe that child pornography and the involvement of children in pornography is not a serious problem impacting on South African’s children. Because access to the internet is limited to only 7% of our population and access to Child Pornography is in the mind of the public eye is frequently associated with access to the Internet and expensive print media, many believe it is a problem that does not require urgent attention.

However research and clinical experience indicate that the exposure of children to pornography, the use of child pornography to seduce children and as a sexual stimulus of adults and adolescents who have a sexual interest in children, and the involvement of children in the making of child pornography pose a serious threat to the protection of South Africa’s children that requires urgent attention.

DEFINITIONS OF CHILD PORNOGRAPHY AND TRAFFICKING

Definitions of Child Pornography are contained in Section 1 the Amendments to the Films and Publications Act No 18 of 2004.

Trafficking in relation to children “means the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children, within or across the borders of the Republic by any means, including the use of threat, force or other forms of coercion,, abduction, fraud, deception, abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over a child for the purpose of exploitation or to facilitate or secure the adoption of a child.

Exploitation in relation to a child includes

• all forms of slavery or practices similar to slavery, including debt bondage or forced marriages
• sexual exploitation
• servitude
• forced labour or services
• the worst forms of child labour
• the removal of body parts;

It is estimated by the US Government that 800 000 to 900 000 people are trafficked annually across international borders including men women and children. The IOM estimates that this form of organized crime is one of the most profitable worldwide, exceeded only by drug and weapons trade.

However the extent of trafficking in people, including trafficking in children in South Africa is unknown, both in respect of cross border and internal movement of children. No comprehensive national study on the trafficking of children has been completed in recent years and the “looseness” of trafficking definitions means that when one is attempting to compare and/or draw conclusions from research, these various definitions contribute to uncertainty as to the extent of the problem.

A study completed by Molo Songololo in 2000 concluded that victims trafficked into South Africa included women and children from all corners of the African Continent.

However in the absence of recent and comprehensive national research it is difficult to reliably assess the extent of trafficking and its relationship to the involvement of children – or indeed women - in the production and distribution of child and adult pornography.

CHILDLINE’S EXPERIENCES IN RELATION TO CHILD PORNOGRAPHY

Children are generally reluctant to disclose sexual abuse, and even when this is disclosed, are often reluctant to disclose exposure to adult and child pornography as well as involvement in the making of child pornography.  Awareness of the extent of the exposure of children to this form of abuse is also compromised by the fact that those dealing with abused children often fail to canvass this possibility and fail to note the cues that might elicit this information.

OUR EXPERIENCES WITH CHILDREN

Children who have access to computers and the internet enjoy exploring this wonderful world of knowledge, news, chat rooms etc. Children are naturally – and sometimes particularly curious - about sex and sexual behaviour.

Sometimes children come across pornography by accident, become curious about it and interested in what they are viewing, and then continue to visit these sites. This is even more likely if the child is not able to talk to their parent or caretaker about sex, their own emerging sexuality and what they might be viewing.

However pornography, depicting adults or children, is harmful for children to watch because:

• it stimulates a sexual interest that may not be appropriate for the age and stage and level of development of the child.
• It may influence and shape their sexual orientation and activity especially as they may lack other sexual experience and therefore have no other reference point for healthy and responsible sexual behaviour.

Sometimes adults and older children with a sexual interest in children intentionally expose children to adult and/or child pornography in order to stimulate the child’s interest in sexual activity. Sometimes these people appear totally safe and may also develop relationships with a parent in order to obtain access to a child.

Sometimes children are contacted by adults with a sexual interest in children through chat rooms and other points of contact through the internet.

Children and their caretakers may believe that the intention of the adult concerned is quite innocent, whereas the exposure or contact may be the beginning of a “grooming” process and the child may be increasingly drawn into a relationship that becomes exploitive and abusive.

Remember that people who exploit children sexually usually seem very ordinary and “normal”. Sexual offenders do not have a particular personality type.

However in a situation of abuse:

• Children cannot control the situation of abuse because of
  • Differences in size, maturity
  • They are dependent on adults
  • Adults are in contro
  • The universal norm of respect for adults
  • Children want to feel that they are “Big like adults and will therefore sometimes want to emulate adult behaviour.
  • Offenders often capitalise on this.

WE NEED TO REMEMBER – BEHIND EVERY CHILD PORNOGRAPHY IMAGE IS A CHILD WHO HAS BEEN ABUSED

Keep this in mind to prevent depersonalisation of the child

• Children involved in child pornography are damaged by the experience
• Early sexual experiences in childhood have a marked impact on the development of healthy adult sexual development
• Good management by the CJS can minimise the negative impact
• Referral of the child for psycho-social assessment and care is essential
• Caregivers and parents are sometimes equally if not more traumatised when they discover the abuse of the child – they need help as well
• Children often frame responses according to what they perceive we/CJS need.
• Professionals forget to listen comprehensively and sometimes miss the “meta messages”
• Professionals investigating child abuse often neglect to ask the right questions.
• Children need to feel safe in order to make full disclosures
• Disclosure is a process
• The communication process is often rushed.
• Involvement in the making of pornography may not be disclosed by the child initially because
  • The child feels intense shame
  • The child may not realise the significance of their experience
  • The child may not recognise the technology involved.

THE IMPACT ON THE CHILD DEPENDS ON

• The child’s level of development
  • physical
  • social
  • intellectual
  • language
  • sexual
  • emotional
  • Disability can increase vulnerability.  
    
• The nature of the abuse
• Purpose for which the pornography is used
• Modus operandi of the offender - gentle versus the use of force

• The rewards offered to the child
• Viewing versus involving the child in making
• How the child is kept “in the system” and silent
• How the situation is exposed - disclosure versus discovery
• The closeness of the relationship between abuser and child
• The duration of the abuse
• How the situation is managed by the system
• How the child is managed
• How the material is managed during
  • the investigation process
  • the court process
  • teaching processes
• How the court process in itself is managed
• How the post criminal justice system process is managed - there is life after Court.
• Resources available for the child including:
• • Court preparation programmes
  • The availability of Therapy
  • The presence of a healing mileau
  • Caring caretakers for the child

THE IMPACT ON THE WATCHER OF CHILD PORNOGRAPHY

• Watching child pornography reinforces patterns of aberrant sexual behaviour
• Curiosity may progress to interest
• Interest to arousal
• arousal to masturbation
• the development of fantasies
• a desire to participate in the activity with a real child
• participation and possibly addiction
• Progression through these stages is not predictable. It depends on:
  • Characteristics of the watcher/user
  • Other relationships is which he is involved
  • The presence of other satisfying sexual outlets
  • His personal history 
  • Discovery of the behaviour

CHILDLINE’S EXPERIENCES WITH OFFENDERS

• Research with children attending Childline KZN’s Sex Offender Treatment Programme for Child Offenders indicated that 90% had been exposed to Pornography and believed that this had an impact on the development of their abusive behaviour. These were male children between the ages of 13 and 18, many of whom had committed more than one sexual crime against a child.
• Research with adult offenders attending Childline KZN’s Sex Offender Treatment Programme for adult Offenders revealed that approximately 30% had used child pornography as a sexual stimulus for themselves prior to or during their offending behaviour.
• Offenders are able to manipulate, seduce, coerce, rationalise and control the situation and the child
• Offenders control and manipulate material and psychological resources that the child requires access to.
• Often offenders make children – and their caretakers feel safe and that their interaction with the child is well-intentioned

THE IMPACT OF WORKING IN THIS FIELD ON THE PROFESSIONAL

This work will have an impact on you

For optimal functioning you require:

• Training
• Self awareness
• Support
• Regular debriefing

MANAGEMENT OF CHILD PORNOGRAPHY,
THE CHILD AND THE OFFENDER

This is a team effort and

• The child requires a comprehensive and holistic focus
• Support each other
• Build relationships  for effective work
• Invite and offer feedback to each other
• Don’t get territorial!

TIPS FOR YOUNG PEOPLE

• Discuss rules for your use of the Internet with your parents, caregivers and/or teachers.
• Talk to your parents or caregivers if you are uncertain about sites you are visiting on the Internet.
• Remember that you cannot actually see people who you talk to through chat rooms – even when they post up photographs, you cannot be sure that these photographs are actually of themselves.
• Never give anyone you meet through a chat room or internet site your personal information, such as telephone number, address, school and information about your family.
• Never agree to meet anyone you have previously met on the Internet  without getting the permission of your parents and caregivers and taking a responsible adult with you.
• Don’t open an attachment or downloaded file unless you know and trust the person who has sent it.
• If you find something that upsets or disturbs you, save it and talk to an adult about it.

TIPS FOR PARENTS

When your child uses the internet:

• talk to your child about responsible use of this wonderful tool
• encourage your child to share with you their internet interests
• place the computer in a room which is shared by all members of the family
• obtain some form of internet filter which blocks access to information and sites which you think are harmful for your child
• establish clear rules about the use of the internet
• discuss the consequences of visiting “off limits” sites with your child and make sure that you impose these consequences if the child does visit “off limits” sites
• develop your own internet skills
• monitor the sites your child visits regularly

If you find your child watching pornography

• remain calm
• talk openly with your child about your concerns
• share your family values confidently and firmly
• explain why watching pornography is potentially harmful
• where images of child pornography are involved, explain the process and impact of child abuse making it clear that children are abused in the making of child pornography
• if you are uncertain of what to do, ask for help

If you need help telephone Childline on 08000 55555 and talk to a counselor. If you require face-to-face counseling or assistance please request this.

You may telephone the Child Pornography Hotline 0800 148 148 to report child pornography sites on the internet.

Unicef Report: The State of the World’s Children 2005: Children Under Threat, Unicef 2004

Proposed amendment to the Children’s Bill, presented to the Parliamentary Portfolio Committee on Social Development, Friday 20th May 2005 “trafficking in children”, p1.

Ibid, p 1

South African Law Reform Commission Issue paper 25 Project 131. Trafficking in persons

Molo Songololo 2000

Dhabicharan, 2002

It must be noted that Childline’s programmes tend to include those at the lower end of the socio-economic spectrum and reflect all cultural and language groups.