The 17-Year-Old Child

SUMMARY

Recently enacted EU-legislation will affect interferences with the sexual life of adolescents across Europe in an intensity so far not known in any of the European states. The “Framework-Directive on combating sexual exploitation of children and child-pornography” will oblige all member States of the European Union to create extensive offences of “child”-pornography and “child”-prostitution, defining as “child” every person up to 18 years of age, without differentiating between five-year-old children and 17-year-old juveniles. These offences go far beyond combating child pornography and child prostitution, thus making a wide variety of adolescent sexual behaviour, hitherto completely legal in the overwhelming majority of jurisdictions in Europe, serious crimes; for instance: sex between 16-year-olds for “remuneration”, which includes invitations to cinema or to a dinner; “lascivious” drawings of a 17-year-old girl possessed by a 15-year-old boy; photographs of a 16 year-old girl in her bikini “lasciviously” exposing her pubic area, taken by her 17-year-old boyfriend on the beach; standard pornography involving younger looking 20-year-old adults or “webcam-sex” between 17-year-old-adolescents; even pictures of one's own adult spouse in “lascivious” poses, if this spouse looks younger than 18. No European jurisdiction so far has such a restrictive law. The massive criminalisation and the equation of adolescents with children caused heavy criticisms among experts but this criticism could not prevent the project from becoming law. This essay provides an analysis of the background, the legislative process and the content of the EU-Framework-Decision.     

14 to 18 Year Olds as “Children” by Law?

SUMMARY

The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision.

Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world.

Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at least serious curtailment of their claims arising from the fact that they have fundamental rights depending on personality and age; and the Council Framework Decision contradicts the equality guarantees in primary law of the European Union that they must not be discriminated on the grounds of age.     

Adolescence,Sexual Aggression and the Criminal Law

SUMMARY

Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.     

Sexuality,Adolescence and the Criminal Law

SUMMARY

The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.     

Prostitution of Young Persons

SUMMARY

Juvenile prostitution in the German welfare work is being interpreted as a peculiar behaviour which cannot be influenced by criminal law but by psychodynamic and social condition factors and motives. The public prostitution of adolescents largely takes place unaffected by criminal persecution. In view of the legislation in Germany, the regulations of criminal law have not had any decisive influence at juvenile prostitution. In Germany there exists a sufficient protection of children and adolescents. The current discussion about the expansion of the childhood definition of young people up to 18 years, and a de-legalization of agreed sexual actions between people under and over 18 years ignores a typical juvenile behaviour. A change in the situation of life of juvenile prostitutes by a legal intensification, as well as a change in behaviour through an anonymous sanction system like that of legislation, cannot be expected.     

Children’s Knowledge of Genital Anatomy and Its Relationship With Children’s Use of the Word “Inside” During Questioning About Possible Sexual Abuse

ABSTRACT

This study was designed to examine the relationship between children’s understanding of their genital anatomy and their use of the word “inside” in response to questions about genital touch during a forensic medical examination. This study involved a secondary data analysis of 674 records of children at a sexual abuse clinic in a large city in a southern state. Data were analyzed using contingency table, binary logistic, and multinomial logistic regression analysis methods. An association between children’s understanding of genital anatomy and their use of the word “inside” to describe genital touch was found. Children’s age and development contributes to their overall understanding of genital anatomy, and their knowledge of genital anatomy appears to influence how they answer questions regarding genital touch. This finding could play an important role in sexual abuse cases in states where the definition of rape includes penetration of any bodily opening, including labial penetration.     

Child Sexual Abuse Intervention: An Exploratory Study of Policy Concerns and Implications for Program Development

ABSTRACT

This exploratory study was designed to determine public opinion regarding intervention options for intrafamilial child sexual abuse offenders, victims, and families. The study investigated the public's willingness to support strategies of victim protection, offender control, and treatment services in various types of child sexual abuse intervention strategies. The respondents to the statewide survey generally supported established, adversarial intervention strategies, and had mixed reactions lo several of the diversion program strategies. The findings suggest that policy makers may have to compromise lo obtain public support when designing and implementing intervention programs for intrafamilial child sexual abuse. The article addresses policy issues and concludes with implications for program development.     

Prevalence of Sexual Trauma History Using Behaviorally Specific Methods of Assessment in First Year College Students

There are several challenges associated with evaluating the prevalence of sexual trauma, including child sexual abuse and adult sexual assault. The aim of this study was to assess sexual trauma prevalence rates among first year college students (N = 954) using behaviorally specific questions and a more representative recruitment sample that did not rely on self-selection. Participants completed a list of sexual trauma questions, including general questions containing labels such as “rape” or “abuse” as well as behaviorally specific questions that describe specific behaviors that qualify as sexual trauma without labels. Results indicated that 6.7% of the sample reported at least one incident of child sexual abuse, with similar rates for men and women. Women were more likely to report a history of adult sexual assault, which was reported by 12.4% of the total sample. Participants were also more likely to endorse a history of sexual trauma when answering behaviorally specific rather than general “label” questions. Women survivors in particular were more likely than men to identify their experiences as abuse/assault (66.7% versus 21.1% for child sexual abuse), which may help explain prevalence differences between men and women in prior research. Men may be less likely than women to label their experiences as abuse and may be underidentified in sexual trauma research without the use of behaviorally specific questions. Overall, the results of this study suggest that the prevalence of sexual trauma is better assessed using behaviorally specific questions and that this is an important topic of study among both men and women.     

Pornography and the Organization of Intrafamilial and Extrafamilial Child Sexual Abuse: Developing a Conceptual Model

This paper uses a case study (the experience of having been sexually abused as a child) and a review of the relevant literature as the basis for developing a conceptual model of the relationship between intrafamilial and extrafamilial child sexual abuse and child sexual exploitation, and the role of adult and child pornography in it. The paper illustrates some of the characteristics and effects of pornography and child sexual abuse including: gender; intra- and intergenerational patterns of victimization; coercion and compliance; the sexualization of the child; pornography and prostitution; and the function of incest as a form of pimping for the perpetrator and as grooming for extrafamilial abuse. It also illustrates the way in which pornography is a part of all forms of intrafamilial and extrafamilial abuse and is itself a form of organized abuse. © 1997 John Wiley & Sons, Ltd.     

The Wyatt Sex History Questionnaire

The complexities of developing appropriate formats for obtaining sexual histories that include women's consensual and coercive sexual experiences are discussed in this paper. The Wyatt Sex History Questionnaire (WSHQ), used with a multi-ethnic sample of women, is described to obtain incidents of non-consensual sexual abuse. The advantages of using a face-to-face format to obtain incidents of child sexual victimization are highlighted. In order to assess a range of effects of women's consensual sexual functioning, items of the WSHQ, administered in telephone and face-to-face interviews, through self report measures and indirect questioning using randomized responses, were compared for their effectiveness in obtaining consensual sexual experiences. The advantages of using face-to-face interview techniques with multi-ethnic community sample to assess the affects of non-consensual sexual experiences in childhood on women's consensual sexual practices is discussed.     

Mitigating Harm: Considering Harm Reduction Principles in Work with Sexually Exploited Young People

A growing awareness of child sexual exploitation (CSE) in the United Kingdom and throughout the world has prompted human service and legal/policy professionals to seek ways of engaging young people experiencing sexual exploitation, although much remains unknown regarding effective practice, and whether or not current knowledge regarding best practices with young people can be expanded to address CSE. This paper considers how principles of harm reduction, a public health approach widely used to engage adults and young people in help‐seeking behaviours, can be considered as part of a children's rights‐centred approach to policy and practice with young people experiencing CSE.     

Perceptions of Child Sexual Abuse in a Hypothetical Cybersexploitation Case: The Importance of Perpetrator Honesty,Outcome Type,and Respondent Gender

This study investigated perceptions of child sexual abuse in a hypothetical cybersexploitation case. Men were predicted to be more negative toward the victim than were women. Victims were predicted to be more negatively judged when they consented to sex than when they did not and when they were lied to than when they were not. Two hundred and seventy-six respondents read a sexual abuse depiction in which the perpetrator's disclosure about his age (being honest from the outset, lying, or refusing to disclose when questioned) and the final outcome of the meeting (consensual verses nonconsensual sexual intercourse) were varied between subjects. Respondents then completed a 17-item attribution scale. ANOVAs revealed broad support for the predictions. Results have implications for education about cybercrime.     

Adolescent American Sex

SUMMARY

Though there has been a decline in the percentage of sexually active high school students in the past decade in the United States, the rate of adolescents engaging in sexual behavior leading to orgasm has actually increased. Such orgasms are achieved without penetration and penetration is how most American adolescents define sex. Most adolescent sex also occurs within intimate relationships with partners at or near their own age but definitions of what constitutes intimacy is different than in the past. Sexuality is very important in the life of adolescents in the United States, and sexual activity broadly defined begins fairly early among teenagers although actual sexual intercourse usually takes place much later.     

Prevalence,Characteristics, and Associations of Sexual Abuse with Sociodemographics and Consensual Sex in a Population-Based Sample of Swedish Adolescents

The purpose of this study was to investigate lifetime prevalence and characteristics of self-reported child sexual abuse and associations between child sexual abuse, gender, sociodemographic data, and consensual sexual experiences. A questionnaire was completed by 4,339 Swedish high school seniors. Three categories of child sexual abuse were studied: noncontact, contact without penetration, and penetrating child sexual abuse. Penetrating child sexual abuse was correlated with the most severe abuse characteristics. Students reporting child sexual abuse, especially penetrating child sexual abuse, were more likely to not be living with both parents, to have parents with lower socioeconomic status, and to have their first consensual intercourse at a young age. The study showed that distinct categories of child sexual abuse must be employed since each category shows a specific pattern concerning abuse characteristics, sociodemographics, and consensual sex.     

The “False Memory” Defense: Using Disinformation and Junk Science In and Out of Court

SUMMARY

This article describes a seemingly sophisticated, but mostly contrived and often erroneous “false memory” defense, and compares it in a brief review to what the science says about the effect of trauma on memory. Child sexual abuse is widespread and dissociative/traumatic amnesia for it is common. Accused, convicted and self-confessed child molesters and their advocates have crafted a strategy that tries to negate their abusive, criminal behavior, which we can call a “false memory defense”. Each of 22 of the more commonly used components of this defense is described and discussed with respect to what the science says about them. Armed with this knowledge, survivors, their clinicians, and their attorneys will be better able to refute this defense of disinformation.     

‘Go on,Go on,Go on’: Sexual Consent,Child Sexual Exploitation and Cups of Tea

This novel paper critically addresses a currently popular sex education resource which compares sexual consent to tea drinking. Drawing from a study which considered the meaning of consent through focus groups and interviews with young people and professionals, we argue that the central ‘risk avoidance’ message of such resources individualises the potential risks of non‐consensual sex and ignores the gendered social structures which shape interpersonal relationships. We suggest that simplifying and extrapolating sexual consent from broader cultural understandings is problematic. Conversations with young people are important, but they need to address the complexity of sexual consent, coercion and gendered sexual norms.     

Barriers to Utilization of Mental Health Services amongst Male Child Sexual Abuse Survivors: Service Providers’ Perspective

ABSTRACT

Most research on child sexual abuse has been on survivors to the exclusion of service providers. This paper focuses on one group of findings from a larger qualitative study. The aim of the paper is to identify existing services and highlight the gaps in the current programs available for male CSA survivors from the perspective of service providers. Semi-structured interviews were conducted with 11 mental health service providers, recruited from two Southern and Central Ontario cities. Findings presented here report service providers’ perspective of gaps in services for male CSA survivors. “Limited Male CSA Programs”, “Institutional Barriers”, “Attitudinal Barriers”, and “Systemic Gaps” emerged as four major themes from the data analysis. Findings demonstrate the need to re-evaluate currently available service and highlights gaps in mental health service available for male CSA survivors. Implications for policy, practice, and research are discussed.     

“Child perpetrators of sexual abuse”: The emergence of a problematic deviant category

This article critically examines the emergence in the professional literature of a new category of criminal deviant: the very young juvenile “sexual offender” (“child perpetrator”). It is argued that current research and writings on “child perpetrators” 1) fail to adhere to established tenets of scientific inquiry; 2) attempt to pathologize species‐typical behaviors; and 3) reflect symbolic opposition to widespread sexual license perceived to have resulted from the “sex positive” interpretive changes regarding sexuality that occurred during the late 1960s and early 1970s. Interactionist methods are applied in tracing three decades of interpretive changes regarding sexual behavior as reflected in the content of professional and popular sexological literature from the mid 1960s to the present. It is concluded that the writings on “child perpetrators” constitute an anomalous but predictable development in the field when considered against the background of recent trends in sexual discourse, professional ideology, and the current widespread perception among many Americans that children are no longer safe from harm while engaged in their normal daily activities.     

Youth prostitution: a literature review

This article reviews the academic literature on young people involved in prostitution. The prevalence and aetiology of youth prostitution and its links with drug use and criminal careers are explored. It argues that whatever the power of personal experiences which incline a person towards prostitution, prostitution can still only be possible in specific cultural conditions. The phenomenon of prostitution has the sexual double standard, poverty and an unequal labour market as prerequisites. We should not expect prostitution to either disappear or occur with equal frequency in men and women while these aspects of inequality continue. This article reviews debates on the particular challenges for service delivery and working together with this vulnerable group. In a civilized society, we should organize that the burden of inequalities which underlie prostitution should not be carried by children. Copyright © 2002 John Wiley & Sons, Ltd.