Prof Alisdair A Gillespie De Montfort University UK Considers whether international and national law has created a situation where adolescents are potentially criminalised Considers the issue of youthgenerated child sexual exploitation material that may meet the definition of child p ID: 534999
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Slide1
Adolescent-produced Child Sexual Material
Prof.
Alisdair
A. Gillespie
De Montfort University, UKSlide2
Considers whether international and national law has created a situation where adolescents are potentially criminalised.
Considers the issue of youth-generated child sexual exploitation material that may meet the definition of ‘child pornography’.
Considers the implications.
This SessionSlide3
There is clear evidence that adolescents are starting to generate sexualised material.
‘Sexting’
Recording of sexual activityCommercial activityHarassment
International definitions of child pornography can create a paradox.
Age of consent divorces from the age of ‘a child’ for purposes of child pornography.
Adolescent-generated ImagesSlide4
Focusing on ‘consensual’ production of images.
Note the previous comment about the use of generated material for grooming.
Are adolescents at risk of prosecution / criminal-justice intervention if they generate material?
Adolescent-generated ImagesSlide5
Are adolescents recognised as a possible exemption to child pornography law?
International law:
Adolescent-generated Images
Instrument
OPSC
CoE
Sexual Exploitation
CoE
Cybercrime
EU Directive
Slide6
Are adolescents recognised as a possible exemption to child pornography law?
National law:
Adolescent-generated Images
Instrument
Australia
/
Canada
England & Wales
*
Ireland
USA
/Slide7
Adolescent-generated ImagesSlide8
Adolescent-generated Images
Is it correct to use a criminal justice response to adolescent-created images?
Implications of this in many countries are significant.
Labelling of a person a ‘sex offender’.
Restrictions on employment (increasingly featuring in international law).
Sex offender notification schemes
.
Education or child welfare solutions?Slide9
Adolescent-created Images
Should we distinguish between consensual and non-consensual behaviour?
How do we identify consent?
Should we exclude dissemination beyond the creator(s)?
This perhaps addresses one of the key fears of the courts and policy makers.Should we focus on the motivation of the individual?Slide10
International law has increasingly raised the age of ‘a child’ to 18.
The age of consent remains lower in many countries.
The law therefore creates a paradox that many adolescents do not understand.Not suggesting it is ‘right’ that children generate such material.
However does it require the full force of criminal law?
Education / child welfare is better strategy.
Summary