Adolescent-produced Child Sexual Material

1. Adolescent-produced Child Sexual Material Prof. Alisdair A. Gillespie De Montfort University, UK

2. This Session • 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.

3. Adolescent-generated Images • There is clear evidence that adolescents are starting to generate sexualised material. • ‘Sexting’ • Recording of sexual activity • Commercial activity • Harassment • International definitions of child pornography can create a paradox. • Age of consent divorces from the age of ‘a child’ for purposes of child pornography.

4. Adolescent-generated Images • 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?

5. Adolescent-generated Images • Are adolescents recognised as a possible exemption to child pornography law? • International law:

6. Adolescent-generated Images • Are adolescents recognised as a possible exemption to child pornography law? • National law:

7. Adolescent-generated Images

8. 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?

9. 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?

10. Summary • 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.