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Hessick on Child Pornography & Child Abuse

By Larry Solum

Carissa Byrne Hessick (Arizona State, Sandra Day O'Connor College of Law) has posted <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577961">Disentangling Child Pornography from Child Sex Abuse</a> (Washington University Law Review, Vol. 88, 2010) on SSRN. Here is the abstract:<ul> 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. This Article identifies instances where possession of child pornography and child sex abuse have been conflated, critically evaluates the arguments that promote such conflation, and identifies independent concerns with conflation. Specifically, it argues that blurring the distinction between the two crimes allows us to continue to misperceive child sex abuse as a stranger-danger issue, and that when law enforcement statistics aggregate possession and child sex abuse, then the public may be misled into believing that law enforcement is successfully battling child sex abuse, when that is not the case. The Article concludes that the modern trend of increasing sentences for possession of child pornography ought to be reviewed, and it suggests several possible areas of reform.</ul>

Full post as published by Legal Theory Blog on April 01, 2010 (boomark / email).