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Adolescent-produced Child Sexual Material Adolescent-produced Child Sexual Material

Adolescent-produced Child Sexual Material - PowerPoint Presentation

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Uploaded On 2017-04-07

Adolescent-produced Child Sexual Material - PPT Presentation

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

adolescent images child law images adolescent law child generated material adolescents age sexual pornography international criminal considers generate consent created implications education

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Presentation Transcript

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