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"Disentangling Child Pornography from Child Sex Abuse"

By Douglas A. Berman

The title of this post is the headline of this notable new paper now on SSRN from Carissa Byrne Hessick. Here is the abstract: Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography.  The new severity appears to be premised on arguments that blur the distinction between those who possess images of child pornography and those who sexually abuse children.  In particular, sentences have been increased based on arguments that possession of pornography is equivalent to or worse than child sex abuse, arguments that viewing child pornography increases the risk that an individual will sexually abuse a child, and arguments that those who possess child pornography are abusing children undetected...continue to full post

Full post as published by Sentencing Law and Policy on March 29, 2010 (boomark / email).