Ann Bartow of Feminist Law Professors hits the nail on the head
The news in recent weeks has reported a spate of child-porn prosecutions against teens accused of “sexting“â€â€sending nude or semi-nude pictures of themselves to friends and classmatesâ€â€typically using their cell phones. According to a study by the National Campaign to Prevent Teen and Unplanned Pregnancy, nearly as many boys as girls have sent or posted nude or semi-nude pictures or video self-portraits (18% vs. 22%). Yet, it seems that almost all of the prosecutions one hears about involve pictures of girls. Boys are sometimes prosecuted for possessing or “distribution,” but of those who photograph themselves, it is the girls that are the primary targets of legal action, press reports and public attention.
Sort of speaks for itself, eh? The Two Rules of Desire say that men or boys can send photos because they’re horny — typical noxious activity perhaps but no harm. But if girls do it? Whoa, that’s broken! They must be in thrall. They don’t know better. They’re going to turn into sluts. They’re victimizing themselves!!!! They might tear their hymens and then nobody will want to marry them!!!!” Better lock ‘em up… before they further harm themselves!
I’m not sure which is worse — throwing the book at girls or completely neglecting boys.
Fortunately we don’t need to decide: hysterical overreaction and blind indifference are both really shitty things to do when children are forming their sexual identities.
It’s not about hypocrisy, although there’s bound to be some of that. (Freud would surely have a field day if anyone wanted to dig him up.) But that’s not my beef: being completely in denial about emergent sexuality, hinging all discussion of emergent sexuality on girls’ virginity, failing to have adequate models of emergent female and male sexuality, and consequently failing to prepare to help children cope when their sexuality emerges is a problem because it will serve them ill in adulthood. Which lasts 50-80 years compared to the handful of years of actual sexual emergence.
Prosecuting girls, and disregarding boys, for expressing sexuality isn’t just stupid or wrong, it’s evidence of child neglect at a societal level. Heck, just getting hysterical about it in the first place is a problem, instead of, oh, say, anticipating that it might happen and, you know, having a plan and maybe even comprehensive curriculum developed to deal with it.
Update: Just to be clear: the answer to which is better, prosecution or ignoring it the answer is neither. It’s possible (and, I think, necessary) to react appropriately and child-developmentally without overreacting.




Submitted by 2818 (not verified) on Sat, 2009-04-04 10:01.
While you've got a really important point, figleaf - that all the hysteria is about girls' behavior - I think the larger issue is that teenagers' behavior in this realm needs to be decriminalized, as I'm pretty sure you'd agree.
A legislator here in Ohio is pushing a bill to make teenage sexting a misdemeanor, which is admittedly better than prosecuting these girls under felony sex offender laws. But why keep it illegal at all - except for when kids circulate other people's pictures without their consent? (I wrote about this a few days ago.)
Submitted by 2818 (not verified) on Sat, 2009-04-04 10:53.
Hmmm ...
In direct response to your post, I've seen this first hand having grown up a girl,but raising a boy. Very different world - very different societal expectations.
Decriminalize sexting? Maybe ... as a part of parents actually being aware of what their kids are doing. I don't know though - I struggle with the loss of accountability.
Submitted by 2818 (not verified) on Sat, 2009-04-04 11:10.
Dana, I don't generally think 15-year-olds are ready for sex of any sort, but that wouldn't mean I'd want the police involved if one of my kids had sex at that age with another similarly aged teenager. Parents need to be accountable. So do the kids. Criminalizing consensual (but often unwise) behavior doesn't stop kids, it only gives them a police record.
And as figleaf notes - just like in prostitution, it's the girls who bear the penalty. Not the boys, as a rule.
Submitted by 2818 (not verified) on Sat, 2009-04-04 13:38.
It would seem now that parents are aware teens are sexting, they should speak to their children before it might happen and discuss not only your values and the reasons why it would be inappropriate, but also the consequences other than parental or criminal.
Submitted by 2818 (not verified) on Wed, 2009-04-08 19:21.
Today another headline 'Sexting' lands teen on sex offender list.
I remember years ago wayward teens were committed to asylums. Often put on high doses of lithium.
[Ayi yi yi. Not to mention somewhere else today they totally knot-holed a highschooler for possession of a birth-control pill. And said it was as serious as having a gun. Thanks, Five. --fl]