Forum libero

Internet child pornography consumers aren’t always pedophiles

By Hy Bloom

February 27 2009 issue


The proliferation of Internet pornography has been a boon to both the novice and most seasoned consumers of erotica. Every taste and proclivity — from the most pedestrian soft core porn interest to the most twisted (e.g. sadistic or degrading) and illegal (e.g. child pornography) interests — can be indulged in the privacy of one’s own home, often at no cost. The more problematic the interest, the more likely it will engage penal sanctions, and the more important it will be for lawyers to understand what the behaviour is all about.

Internet pornography consumers are as heterogeneous a group as there is, and include, among others (of a non-exhaustive list): the repressed, the shy, the fearful, the insatiable, the compulsive and addictive, the impulsive, the inadequate, fetishists, masochists, deviants (a social and moral term) and paraphiliacs (a medical and diagnostic term) and oh yes, the “normals.” Major mental disorders like bipolar disorder (i.e. mania) are occasionally implicated.

Contrary to views held by some, including law enforcement, lawyers and perhaps even judges, not all consumers of child pornography are pedophiles. There are many reasons why an accused may have accessed or be in possession of child pornography obtained through the Internet. Prevention of victimization and denunciation of the behaviour are clearly forefront issues, no matter what motivations underlie the behaviour, but it is always important for the justice system to know who it is dealing with and to not mischaracterize the offender and the offence.

In dealing with issues and behaviours that have psychological or emotional underpinnings, there is no substitute for a detailed forensic psychiatric (medicolegal) assessment. These frequently multidisciplinary evaluations consider not just the problem behaviour, but the whole person in the context of his life history. In the case of accused caught possessing or disseminating Internet child pornography, a detailed evaluation of this kind is critically important in defining the motivation for the behaviour and assessing and managing future risk.

From defence counsel’s perspective, understanding what motivated her client to participate in the activity is critical. If there are mental health considerations or psychological issues that have played a role in the behaviour, then bringing that out in a detailed and well-reasoned report can and should influence a more therapeutic and risk- management oriented sentence. Of equal importance, it would be more challenging for the court to meet the aims of justice — ensuring punishment, protecting the public, rehabilitating the offender and preventing recidivism — without an assessment of this kind. Treating these offenders as a homogeneous group — which they are not — could also lead to a one-size-fits-all approach. A failure to discriminate between offender and offence variables that allow for tailor-made sentences is generally anathema to those interests and values the justice system works hard to uphold.

There are subclasses of Internet child pornography consumers, including those who pursue this type of imagery and stimuli deliberately and exclusively, those who stumble across it and who, apart from its erotic content, were further titillated by the forbidden and illegal nature of the material. There are individuals with polymorphous sexual interests for whom novelty and variety is at least, if not more important, than any one particular type of material.

This latter group, as well as those who exhibit addictive and compulsive cybersex propensities (Internet use addiction is a contentious diagnostic area), may become gripped by their need or addiction and obsession to a degree that impacts or dampens their judgment in discriminating from one (acceptable) source to another (unacceptable) source.

While there are limitations in an expert’s ability to definitively diagnose or rule out pedophilia (an erotic preference for pre-pubescent children — a key diagnostic consideration for Internet child pornography users) — an in-depth evaluation is the best means for getting at the truth of the offender’s sexual interests and makeup, or any other psychological motivating factor. The assessment subsumes a detailed psychiatric and sexological evaluation, phallometric testing (a physiological measure of sexual arousal), access to collateral information (individuals who have known the accused and potentially interacted sexually with him), as well as laboratory investigations and, often, psychological testing (including use of risk assessment tools).