Brody's Scribbles... A Guest Editorial from Dr. Marty Klein
article linkWhen Adults Fail Children—For Life
When Adults Fail Children—For Life
Shirley Turner’s son was not a child rapist. He was a teenage boy madly in love with his girlfriend and three weeks before her 16th birthday they could wait no longer and made love in her bedroom while her parents were out at the movies. When her father returned and discovered them, he reported William to the police. He was charged with statutory rape, convicted, sent to jail and on his release his name was added to the sex offenders register under the version of Megan’s Law applied in his home state of Maine.
Shirley Turner’s stepfather, Brian, was a child rapist. He raped her at the age of 5. As Shirley approached her teens, her mother grew jealous of her husband’s apparent “preference” for her daughter. When she was 15, Brian took off, dragging Shirley with him and forcing her into marriage. William was her only child, fathered by her rapist.
When Stephen Marshall, a vigilante, started surfing Maine’s sex offenders register for child molesters to kill, it was William’s name he found, not Brian’s. Brian was never registered because Shirley never reported the crimes of the stepfather who became her husband. William is now dead, along with a more conventionally guilty paedophile in his town, both shot by Marshall. Brian is in jail, to Shirley’s relief, not for sex offences, but for attempting to murder her when she finally fled.
This was the tortured narrative I came across in Milo, northern Maine, in 2006, while looking for evidence of whether or not Megan’s Law worked. Shirley, a haunted shadow of a woman, wept warm tears on me as she told of the loss of her beloved son. She was one of the few people I connected with in this unsettling backwater where jaunty Stars and Stripes flying from clapboard houses disguised an underside of pure American Gothic.
I thought of Milo this week reading the latest soul-polluting details of the Jaycee Dugard case in Antioch, California, a place where the local Megan’s Law register recorded more than 100 registered sex offenders living in Phillip Garrido’s Zip code. In the small town of Milo, there were 42.
Jennifer Kale, the young mother who lived next door to Marshall’s second victim, had no idea she had a sex offender for a neighbour, despite having checked the register. She didn’t recognise the mug shot because she had never met him. “When I was little there was always some weird guy that your parents said to stay away from,” she said.
“You sort of knew. But it’s different now. Then you knew everyone but that’s all changed. You don’t know anyone anymore.”
Milo owes a number of its sex offenders to the introduction of Megan’s Law in neighbouring Massachusetts in 1999, three years before it was adopted in Maine. To escape registration there, many decamped north to Maine. Now Megan’s Law has been enacted across the United States, the migration has not stopped. Campaigners against the law argue it has driven many offenders underground or into hiding in plain sight; permanently transient to avoid registration or transplanting to neighbourhoods of the criminal underclasses where everyone minds their own business.
Garrido’s is such a neighbourhood, it is now emerging, where his neighbours built crack dens in their backyards and ignored the voices of children from the home of a man registered as a sex offender. Even there he was known as “Creepy Phil”. Megan’s Law did not exist when Jaycee was snatched but it would not have saved her. The Garridos travelled 150 miles to snatch her from her local bus stop. No internet search could have predicted that. Only one person ever reported the presence of children to the police, despite most neighbours admitting they knew that children lived there and that Garrido was on the register.
Every time a horrific child sex crime takes place in Britain, voices are raised in support of our own Megan’s Law. And yet there is no evidence that such a law has done anything to lower the level of child abuse. A 2008 federal-funded survey conducted in New Jersey, where Megan’s Law originated, concluded it had done nothing to deter the repeat offenders it is designed to target. It only made them easier to track down when they had reoffended.
Megan’s mother still defends the law named for her murdered daughter, saying she never intended it to deter offenders, only to “raise awareness”. But a register is a knee- jerk response to the cry of “something must be done,” and that done, we are all too happy to do nothing more. If a sex offender lives on our street, Megan’s Law gives us the means to hound them out to somewhere else — where they can prey on someone else’s kids.
If it corrals them into ghettos to escape us, so much the better. At least it keeps them off our street. Job done, there is no need for us to look out for the other children in our “community” or bother to check why someone else’s young girls are playing in the creepy man’s yard.
Meanwhile, most of the abuse goes on where it always has: in homes like Shirley Turner’s, where neighbours fear to tread. Megan’s Law satisfies our desire to do something, and fast. And it saves us from facing the awful truth that we don’t know who our neighbours are, and as long as they don’t bother us, most of us don’t care.
Catherine Philp is diplomatic correspondent of The Times
All parents need to read this and be aware of what is going on in our communities. I found this on the website Ethical Treatment For All Youths. A must read for all of with children in our lives.
CRIMINALIZATION OF CHILDHOOD SEXUALITY
Article by Dr. Marshall Burns Link
As previously shown, the language used to label children who behave in a sexual manner typically confuses indecent or socially inappropriate behavior with coercion and violence.4 It is one thing to prohibit such behavior and discipline children for it. It is quite another to describe almost any sexual activity among children, even when it is mutually desired, as “molestation,” “abuse,” “assault,” and “rape.” Such language is a slap in the face to those children who have been truly victimized by real abuse. It also misleads the public into thinking that all children who act sexually are dangerous and merit criminal charges.
Prosecution of children
A recent sexual abuse conference defined “limited exploratory behaviors committed primarily out of curiosity” by juveniles as “deviant sexual behavior.” It referred to these children as “young sex offenders,” adding that “society needs interventions to respond effectively...focusing on protecting the community...”
One article in a professional journal says:
While filing, criminal prosecution, and involvement of the criminal justice system may not be considered necessary for some of these child perpetrators, it should at least be considered. Not only does this type of intervention demonstrate to the girls the seriousness of their sexually abusive behavior, but it also makes their parents take heed of the behavior...The parents of these children also need to be mandated to treatment.3
The criminal justice system follows suit.
”Even children under age 12 are prosecuted for rape first degree and sodomy first degree for sexual conduct with each other. Furthermore, it is not uncommon for a 13 year old who has sexual contact with an 11 year old to be prosecuted for a class A felony...A youthful offender convicted of rape or sodomy in the first degree is a "violent offender" who must serve at least 85% of his sentence before he can be paroled...Youthful offenders are subject to "Megan's Law" requirements.”
--Attorney Gail Robinson
”Their names, addresses, and pictures are all on-line, on the state's Sexual Offender's page. Seemingly, they are pre-pubescent predators, but juvenile probation officer Richard Garcia says, 'We got kids on probation for doing stuff that all of us did at one time or another'...it can end with a child labeled as a deviant, stuck with the stigma through their adult years...81% of San Antonio adults say all sex offenders, regardless of age, should be registered, and their information should be public.”
--WOAI-TV
“A ten-year-old kid plays doctor with his kid sister. A senior in high school has consensual sex with his sophomore girlfriend. Dangerous sex offenders? Yes, say the nation's toughest sex laws. And some states' punishments include posting the juvenile offenders' pictures on websites for the rest of their lives.”
--Journalist Seamus McGraw, runner-up for the 2002 Casey Medal
Some jurisdictions believe that all childhood sexual activity warrants criminal investigation.
“Kansas can require health care professionals to report all suspected underage sexual activity...”
--Lawrence Journal-World, Lawrence, Kansas
“The agency is required by law to investigate all episodes of sexual contact between children...“
-- The Reporter, Fon du Lac, Wisconsin
According to the research on child sexual behavior, authorities may have to place 20% to 50% of all children in their jurisdictions under investigation.
Prosecution of teenagers
Teenage sexual behavior is not seen as a disorder to the extent that prepubescent behavior is. Nevertheless, it is not unusual for teens to be prosecuted for non-coerced sexual behavior and labeled as sex offenders.
In its brochure for teenagers, one state's attorney general's office issues the following warning (bold in the original):
Even if you are a minor, if you have consensual sexual contact with someone under the age of 15, you can be charged with gross sexual imposition in juvenile court. If your case then is transferred to adult court, you will be treated as an adult sex offender and will be subject to the same penalties as an adult. The law does not make an exception for you because you are in love..."Second base" can get you arrested! Although it may seem harmless to you, you can be charged with a sex offense!...Even if your boyfriend or girlfriend wants to have sex with you, your friend's parents can still have you arrested if they find out.
In addition to behavior that is abusive, the brochure lists the following as crimes: consensual sexual contact, fondling, and fornication. It describes the following possible penalties: imprisonment of up to 20 years, fines of up to $10,000, registration as a sex offender, and notification to police when moving for the rest of one's life.
In two separate incidents in Wisconsin, both young teenagers in sexual relationships were recently charged with sexually assaulting each other.
According to police, a 14-year-old city of Pewaukee boy and a 13-year-old village of Pewaukee girl allegedly engaged in sexual activity in a residence...Police are seeking to charge both with second-degree sexual assault.
--Lake Country Reporter
...authorities say their prosecution is meant to help...The boy is being held in secure detention on a charge of attempted second-degree sexual assault...The girl pleaded guilty to fourth degree sexual assault.
--Milwaukee Journal Sentinel
Parents have a right to teach their children their moral values regarding sex, but police knowingly labeling non-violent mutually desired behavior as assault is dishonest and purposely misleading, and makes a mockery of true assault. Lying to the public about young people's behavior and treating them like criminals on the pretense of helping them can ruin lives, and has no place in a democracy.
Gorcyca had overreacted by bringing criminal charges for what amounted to consensual sex between promiscuous teenagers...all four defendants were notified they'd be registered as sex offenders...Justin Fawcett of West Bloomfield, was particularly devastated...Friday night, his parents found him dead of an apparent overdose...the criminalization of teenage promiscuity is destroying young lives. And if you're a parent, wake up. Because if you think this couldn't happen to your teenager, you've missed the whole point of Justin Fawcett's story.
--Detroit Free Press
See also: “In Memory of Justin M. Fawcett,” Citizens for Second Chances
The U.S. Department of Justice relies on states to identify juvenile sex offenders, defining as “sexual assault” any sexual activity done “not forcibly or against that person's will where the victim is incapable of giving consent because of his/her youth.” Such definitions were originally intended to protect children and teenagers from exploitation by adults. However, they are now applied even when the supposed offender is too young to give consent. The Department notes that virtually all offenses by juveniles involve family members and acquaintances, confirming that many may be incidents of sex play among siblings or friends, or sexual activity within romantic relationships.6 So it is not surprising that statistics would seem to show that our society is being overwhelmed by violent, sex-crazed children and adolescents.
One expert writes that “at least a half-million juveniles commit a hands-on sex crime every year.” 7
Another claims that 1 out of every 20 boys is or will be a child molester.1
Both the American Academy of Child and Adolescent Psychiatry and the Center for Sex Offender Management state that one-third to one-half of all child molestation is committed by children themselves.2,5
The U.S. Department of Justice finds that of all ages 7 - 60, “the single age with the greatest number of offenders from the perspective of law enforcement was age 14.” 6
No one doubts that coercive behavior should be prohibited, but one cannot know what fraction of these statistics involve non-coerced behavior. This may explain the confused attempts to understand juvenile offenders shown below, and why criminal sexual behavior seems most often to begin between ages 6 and 9:
O'Brien and Bera defined seven categories of juvenile sex offenders: naive experimenters, undersocialized child exploiters, sexual aggressives, sexual compulsives, disturbed impulsives, group influenced, and pseudosocialized. Graves suggested three typologies: pedophilic, sexual assault, and undifferentiated. Prentky et al. used six categories: child molesters, rapists, sexually reactive children, fondlers, paraphilic offenders, and unclassifiable. Weinrott suggested four general types: juvenile delinquents in general, those who have deviant arousal, those who are psychopathic offenders, and those who fit none of these categories...In a study of 127 children ages 6-12 who had evidenced sexual behavior problems, Pithers et al. identified five subtypes: sexually aggressive, nonsymptomatic, highly traumatized, abusive reactive, and rule breaker. Recent surveys suggest an increase in the rate of preadolescent children who evidence sexually abusive behaviors. Available studies have reported sexual aggression in children as young as 3 and 4; the most common age of onset appears to be between 6 and 9...Victims of preadolescents...typically were siblings, friends, or acquaintances.
--U.S. Office of Juvenile Justice
A rational approach
All of this is not to imply that sexual aggression, indecency, or behavior among children of different ages is acceptable. However, labeling children as sexually deviant—essentially criminally ill—is not the best way to teach them proper behavior.
A better approach would seem to be for parents to teach their children proper sexual behavior in the same way they teach them proper non-sexual behavior—by conveying to them their values, explaining why socially inappropriate behavior offends others, and using appropriate discipline when necessary. Treatment should be sought only when behavior is truly violent or a sign of a scientifically established disorder.
Unfortunately, not only is this not the case, but an array of extreme, scientifically unsupported, and potentially damaging diagnostic and treatment methods are used that are disturbingly reminiscent of the approaches used with homosexuals 50 years ago.
This e-mail came to me in response to another e-mail giving us the story of a 29 year old Police Officer who had relations with a 16 year old and didn't even lose his job. Story here.
Many of our young men and some young ladies have been sent to jail and are being forced to Register, often times for life. And they were even closer in age then this police officer and his 'victim'. I personally feel that no one should be on the Registry for a consensual relationship. The Registry should only be for those who are truly dangerous, rapist and pedophiles, not for non violent, non abusive situations. But I agree with the mother who sent the story to us that if it's against the law for her son to be with a 16 year old girl when he was 19, then this Police Officer should have had to face the same law. We need to change the laws! Here's what webmaster@sodefnd.org answered, (used with his permission)
Due to this situation, now it is even more imperative that we stick together and fight this. There is motivation going on, people are starting to see that the law is flawed, we must stay strong in our efforts to combat this. The more this hits the new, the more people are going to be looking for ways to put an end to this. We need to be ready and available to assist these people in all ways. We know the registry is bullshit and that its ineffective. Lets use this against them. We now have ways to communicate. Mail a letter to some people around you that are on the registry. Let them know there is help available. Let them know they are not alone in this fight. The more people we have standing on our side, the better our fight will be. And just because there are people on the registry doesn’t mean they don’t have family and friends that will join in the fight for change. We have avenues that we can explore, and we have the knowledge and the talents to make this possible. Every voice in this fight has there own entity in there talents and attributions. Everyone can contribute something. I know two people in my area that are forced to register for life because they were drunk and urinated on the side of a building. These two people happen to be very prominent speakers and writers. They have submitted several pieces to the local media stations, who refuse to give their greifs any public attention. This is due to the fact that it is frowned upon for anything to be aired that speaks against the registry. A lot of my states funding comes from the money given to run and maintain the registry. This is wrong, and an atrocity. The point still remains, WE NEED TO STAND TOGETHER AND FIGHT THE FIGHT, NOT EACH OTHER. One voice will not be heard, the voice of many cannot be ignored
Roundtable on Youth, Sexuality, Technology
Joint Session of Association for Research in Cultures of Young People (ARCYP)
and Association of
Congress 2009,
May 26, 2009, 10:30 – 11:45 a.m.
Children’s Rights, Children’s Voices, Children’s Technology, Children’s Sexuality
by Peter Cumming
The title of today’s panel, “Youth, Sexuality, Technology,” sounds like a recipe for moral panic. And it is moral panic about a recent phenomenon, a purported epidemic of young people’s “sexting,” I wish to respond to briefly today. In particular, I want to contextualize teen sexting and adult responses to it by highlighting significant gaps in children’s rights discourse, particularly the United Nations Convention on the Rights of the Child, in relation to children’s provision rights to healthy sexual exploration and expression and children’s participation rights as determinants of their own sexual being and behavior. Finally, I visit these issues as an embodied human being with his own distant history of childhood and sexuality—even if this occurred considerably before the invention of “digital technology”—though I fear that those of you came to this paper because of the abbreviated abstract’s promise that the author would contrast his own “childhood experiences exploring sexuality in 1950s rural Ontario with those of tweens in 2008” will be sadly disappointed at the few and tame revelations to come (while those of you who didn’t read the abstract and stumbled here because you thought this was a Geography panel may be equally relieved to hear this reassurance).
First, who are these “children,” including teenagers, adolescents, young people, young adults, about whom I am speaking, and why do I insist on calling them “children” in a panel on “youth”? The Convention on the Rights of the Child defines “children” as human beings under the age of 18: and it is to all these “children” I am referring. For better or worse, people under 18 all live in the confines of children’s rights discourse and child pornography laws. While there may well be significant distinctions to be made between prepubescent children and post pubescent youth, they are not distinctions I want to assume or reinscribe regarding sexuality and technology in relation to sexting: Following Freud, I recognize both children and youth as sexual beings, whatever that means differently to both, and I have no doubt that both children and youth (and adults, for that matter) are using digital technologies as part of their sexual repertoire.
Second, what is this “sexting,” which so neatly brings together the “sexuality” and “technology” dimensions of this panel (and to which, I believe, the third paper on this panel will also speak)? “Sexting,” a 21st-century combination of “texting” and “sex,” has been defined variously as the sending of nude or semi-nude photos or videos and/or sexually suggestive messages via cellphone texting or instant messaging. Although the word “sexting” is only a few years old, a handful of recent incidents in the United States, some misplaced and heavy handed legal overreactions charging children exchanging consensual nude photographs of themselves with the production, dissemination, and possession of child pornography, a single recent American online survey commissioned by the unusual alliance of the National Campaign to Prevent Teen and Unplanned Pregnancy and CosmoGirl magazine, a media feeding frenzy, and even a May 6, 2009 episode of Law and Order have all served to create the impression that in the past few months there has erupted an epidemic of sexting among youth and that this is a thoroughly bad thing.
Although depicted in the media as a “nationwide” epidemic, in the last year or two there have been major police prosecutions for sexting with a limited number of individuals in at most a dozen U.S. states. There have been no cases of that kind in Canada. (I’ll leave the Australian cases for our colleague from Australia; significantly, I have not found instances from Europe except a single reference surmising that “the practice is not thought to be prevalent in Britain” (Times Online). Thus, the “epidemic” of sexting consists, according to breathless print and online sources, of four Grade 6 and 7 students in Alabama; three Pennsylvania girls (aged 14 and 15) and three male classmates (aged 16 and 17) (Wikipedia); 14-year-old Michael Harmon who received a photo of a classmate which showed her bare breasts (GASP); a 14-year-old Florida boy who sent a photo of his genitalia to a female classmate because he was “bored” (YAWN) (Macleans); a teenage boy in Indiana (Wikipedia); a 15-year-old Ohio high school girl —from the questionably named Licking Valley High School (“Porn Charges for ‘Sexting’); a 17-year-old Ohio girl; “two Ohio teenagers who had nude photos on their cell phones of two 15-year-old classmates” (Wikipedia); “dozens of white-faced 12- and 13-year-olds and pimply 14-year-olds with twitchy legs” in Colorado (“’Sexting’: A Disturbing”); two 16-year-old girls who took side-profile pictures of themselves naked after taking a shower (“’Sexting’: A Disturbing”); a group of 11- to 17-year old boys who traded photos of semi-nude or nude teenage girls (Sexting Girls); a 14-year-old New Jersey girl who posted 30 explicit nude pictures of herself on MySpace.com (Sexting Girls); six 12- to 14-year-olds from Massachusetts (Sexting Girls); a Texas eighth-grader who spent the night in a juvenile detention center after his football coach found a nude picture that a fellow student sent him on his cell phone (“’Sexting’ Shockingly”); a Wisconsin 17-year-old (“Sexting Craze”); a New York 16-year-old (“Sexting Craze”); and 18-year-old Phillip Alpert of Orlando, Florida who received unrequested naked pictures of his 16-year-old girlfriend but who mass-emailed the photos to the girl’s relatives when they broke up.
One of the major problems with public reactions to “sexting” is a complete conflation of nudity with sexuality and pornography. Thus, snapshots of two Pennsylvania 13-year-old girls which showed the teens “in their white bras” resulted in threats from a district attorney of charges of child pornography (Sexting Girls Facing). The photo of a 17-year-old in the same case showed “her just out of the shower, with a towel wrapped around her waist and her breasts exposed” (Sexting Girls). As the American Civil Liberties Union pointed out in its suit against the overly eager District Attorney, “Neither of the two [pictures] depicts sexual activity or reveals anything below the waist” . . . However, according to ACLU, “The district attorney told a group of parents and students … that he has the authority to prosecute girls photographed in underwear . . . or even in a bikini on the beach, because the photos are “provocative” (ACLU). Clearly, these photos do not fit under Pennsylvania’s child pornography law, which defines this felony based on photos “of a minor engaged in sexual activity, ‘lewd exhibition of the genitals,’ or nudity that is meant to titillate” (Sexting Girls).
Legal responses to teen sexting in the U.S. have been sledgehammer-like, including production and possession of child pornography, a felony which in some states can result in these children being labeled as registered sex offenders for decades; felony obscenity; being declared an “unruly child”; contributing to the delinquency of a minor; “sexual abuse of children… or open lewdness” (District); possessing and distributing material of a child in a sexual act (Sexting Girls); and disseminating indecent material to a minor and endangering the welfare of a child. The 18-year-old Florida man who sought revenge by emailing nude photos of his 16-year-old girlfriend to her family was convicted of transmission of child pornography, resulting in jail time, a label of “sex offender” until he is 43, which results in his inability to live with his father because his father lives near a school and with him having to attend classes with convicted sex offenders (Commentary, Mike Galanos, CNN). As Lithwick concludes, “the criminal justice system is probably not the best venue for addressing the sexting crisis. . . prosecutors have charged the senders of smutty photos, the recipients of smutty photos, those who save the smutty photos, and the hapless forwarders of smutty photos with the same crime: child pornography. Who is the victim here and who is the perpetrator? Everybody and nobody. (“Textual”).
In fairness, there has been some pushing back against this legal overzealousness. The ACLU was successful in making its case that the teenaged girls in question did not consent to having their pictures distributed, their images were not pornographic, and that the photos were protected under First Amendment speech (Sexting Girls). Several states have recently moved towards aligning their laws more closely with teenagers’ practices in relation to sexuality and technology, Vermont legalizing consensual exchange of graphic images between people 13 to 18 (Wikipedia) and Ohio and Utah reducing sexting from a felony to a first degree misdemeanor. Although one online writer has argued that “case law has not kept up with the impact of digital media on teenage behavior” (“Sexting Craze”), I would argue that this has the order reversed: case law has not kept up with the impact of teenage behavior on digital media. Or, more precisely, as David Oswell argues in “Ethics and Techno-Childhood,” “Childhood is never disclosed in isolation; it is always accompanied by technology. Technology makes childhood visible as a problem. In doing so both technology and childhood, like leaky vessels, leak into each other. I refer to this as techno-childhood: the interrelation between, and the mutual constitution of, technology and childhood” (170). When Toronto criminal lawyer Edward Greenspan quips that “the only way to stop teens from sexting is to take away their cellphones, and teens would sooner give up a lung,” he unwittingly recognizes this tight connection between children and technology, technology being what Nick Lee calls “an extension of childhood.”
What interests me most about the purported dystrophic epidemic of sexting is how these widely publicized legal cases—cautionary tales writ large—and a single online survey about teens, young adults, and sexting have fuelled and shaped a media frenzy resulting in articles with titles such as “The Sexting Scare,” “Sexting Craze Leads to Child Pornography Charges,” “20% Chance Your Child May Be a Sex Offender!,” “Sexting Poses Risk to Teens’ Health,” “Sexting Teens Face Prison and Sexual Predator Status for Nude Photos,” “Want to Stop Sexting, CyberBullying & Digital Disease?,” “Textual Misconduct: What to Do About Teens and their Dumb Naked Photos of Themselves,” and “ Technology Fuelling Sexting Craze.” Not to mention a Website: sextingisstupid.com.
In spite of these headlines, as Macleans magazine rightly notes, “the statistical proof of a sexting epidemic is scant: one lone survey.” Indeed, a much more careful reading of the “Sex and Tech” survey is called for. . . . It was conducted completely online; its commissioners no doubt have vested interests in the results; it is clearly not directly applicable to Canada; its definition of teens as ages 13 to 19 and young adults as 20 to 26 may fit the literal definition of “teenager,” but it also perversely skirts legal definitions of “childhood” including those in relation to child pornography, thus skewing statistics about teen sexting accordingly; most importantly, the very broad category of “nude or semi-nude” photos used in the survey questions recognizes no distinctions between nudity, sexuality, and pornography. However, even if we accept the survey data, there is much more to learn than most media reports suggest. Article after article expresses shock that 20% of teens sext, none recognizing that that implies a more amazing fact—that 80% of teens do not. The survey shows that far more young adults (33%) than teens (20%) are sexting, yet no comparable alarm about young adults has emerged. The survey indicates that twice as many teens and young adults send sexually explicit text messages (39%of teens; 59% of young adults) as send nude photos (20% of teens, 33% of young adults), yet all media attention focuses on visual images. According to the survey, more girls sext than boys: 22% of teen girls vs. 18% of teen boys; 36% of young adult women vs. 31% of young adult men. Although most accounts explain this as boys pressuring girls to sext, more girls in the survey consider sexting “fun and flirtatious.” (51% of teen girls give pressure from a guy as their reason for sending, while 66% of teen girls and 72% of young adult women claim the activity to be “fun & fliratious.”) Children’s and particularly girls’ sexual agency are not generally or comfortably acknowledged in North America, and the findings of this survey call out desperately to be analyzed in terms of girls’ sexual agency in relation to sexting.
While Canadian media responses have generally been more muted to the sexting epidemic, they too easily fall into the trap of assuming that what is true in the United States will necessarily be true here too. And so, the Vancouver Province says that sexting “has Canadian officials on the alert” even though “there have been few [no?] publicized cases in Canada to date.” “Cpl. Annie Linteau, the RCMP B.C.’s spokeswoman, said she hadn’t heard of the trend. “But I’d be surprised if it wasn’t happening here,” (O’Connor). Indeed, there may be critical differences between sexting in Canada and south of the border. It is not a crime in Canada for consenting young people under 18 to exchange nude photos, for example. And in Vancouver, “… local school officials said unlike their American peers, they would be reluctant to report sexting as a crime to police.”
There are a few sane voices in the furor over sexting. JSS writes in an online column “Sexting Hysteria,” “the hysterical and infectious drive to stem sexting among teens and to put it on the level of child pornography has accelerated in just a few weeks. . . . Nothing has actually changed except that the kind of adults who do not engage in sexting, themselves, found out that teen-agers were doing it….Teen-agers fumbling with their sexuality and technology is not something that should scare anyone into legislation, and schools shouldn’t be overreacting either.” (jss, “Sexting Hysteria”). Indeed, one could argue that in some ways virtual sexual activities are safer for teens than actual ones: nobody ever got pregnant or received an STD directly from an online exchange. In “Is ‘Sexting’ Same as Porn?,” Goodman writes, “There is nothing particularly new about young people taking pictures of themselves. It’s as old as the Polaroid.” In fact, I’d argue it’s older than that. Goodman also argues that “The panic not only erases the line between stupid and criminal, it dilutes the real horror of child pornography.” Lithwick raises concerns that girls are being punished disproportionately, being charged with producing while boys were merely charged with possessing pornography. Clearly, a key danger in sexting is not in the initial exchange of nude photos between two partners or potential partners but in the dangers of losing control of those images in the powerful, immediate, omnipotent, eternal, digital world. In a blog, Dann writes, “these kids don’t get the idea that everything you do online becomes a digital tattoo. ….Sexting is a dumb thing to do, not only because it effectively gives your body away to everyone else, but because you have no control over what happens after you hit the send button.” (Dann’s Blog) .
To contextualize youth sexting we should remember our own sexual histories as young people. Apart from digital media’s power to disseminate information quickly and broadly, there may be nothing radically new about sexting. The closest I ever came to being expelled from school was in Grade 2, when I was hauled before the authorities for looking up girls’ dresses. In 1957, in an
Perhaps, then, adult alarm about technology and youth sexuality is a red herring—except insofar as it relates to cyber-bullying and sexual harassment: one 18-year-old American woman committed suicide when a nude photo she sent to her then boyfriend came back to haunt her. Are there, for example, significant differences between teens learning to kiss while playing “Spin the Bottle” face-to-face and teen “chicks” and “dudes” going online to “Espin.com” to “spin the bottle and start flirting!” with “Over 4 Million Hotties”? Are there differences between youth playing face-to-face versus online “Strip Poker,” or between children investigating each other’s body parts while playing “Doctor” and teens sharing cell phone images of their naked bodies? As one Macleans reader writes, “Young people are showing each other their naked bodies! When did that ever happen before?”
Child pornography laws arise out of human rights legislation, particularly the United Nations Convention on the Rights of the Child. However, children’s rights advocates have been more preoccupied with “protection” and “prevention” than with “provision” and “participation” rights in relation to children and their sexuality. The
Is nudity pornography? Not necessarily. Are consensual exchanges of naked photos between young people child pornography? Not in the first instance. Should child pornography charges be leveled against young people sharing naked photos of themselves? Definitely not. Can young people get into trouble by sharing sexually suggestive digital text, images, or video? Yes. Can this have real world consequences? Absolutely. However, teenagers have no monopoly on foolish choices and devastating consequences. Think, for example, of the infamous, intercepted cellphone conversation between the future King of England and his paramour in which he fantasizes about being a tampon so he can “live in her trousers”: no doubt that would have been sexting had the technology existed. When, we must ask, in Western culture, did nudity become pornography, youth sexuality perverse, digital technologies the tail wagging the dog, and when and how and why have we forgotten children’s participatory rights as sexual beings?