child pornography

A Really Bad Example of Not Forcing Customers of Trafficked or Minor Sex Workers to Register as Sex Offenders

Mon, 2011-03-21 23:17

Audacia Ray calls out a genuinely egregious form of discrimination against a former prostitute based on a Louisiana state law from... the year 1806!

The words “sex offender” now appear on her driver’s license. “I have tried desperately to change my life,” she says, but her status as a sex offender stands in the way of housing and other programs. “When I present my ID for anything,” she says, “the assumption is that you’re a child molester or a rapist. The discrimination is just ongoing and ongoing.” Eve was penalized under Louisiana’s 205-year-old Crime Against Nature statute, a blatantly discriminatory law that legislators have maneuvered to keep on the state’s books for the purpose of turning sex workers into felons. As enforced, the law specifically singles out oral and anal sex for greater punishment for those arrested for prostitution

Source: Waking Vixen

This is a form of reflex prosecutorial piling on that's just inexcusable. In what conceivable universe is a prostitute who performs fellatio a registerable sex offender in a way that a prostitute who "merely" performs intercourse isn't?  Or that a prostitute's customer isn't.  My personal and 100% correct opinion is of course that a prostitute is never a registerable sex offender and, for that matter, shouldn't be considered a criminal at all.   And while there's a bit more division in the ranks over this, with one interesting exception it's also my opinion that simply being a prostitute's customer should never be considered either a sex offender or a criminal either.

The exception, of course, is when the customer engages in behavior that would normally get them charged as a criminal or sex offender.  But, in today's... morally conflicted environment is considered boys-will-be-boys, hearty-fellow-well-done when a customer does it.

In other words, when customer has paid for sexual activity with someone who through age or coercion couldn't or wouldn't ordinarily be considered a freely consenting adult.  So paying for sex with a trafficked person?  If you weren't paying it would be rape, and thus a registrable sexual offense -- therefore if you get caught paying for it you should go on a sex-offender registry as well.  Same with sex with minors.

I happen to think it's appalling that prosecutors or judges in Louisiana, or any other state, would use such a heavy tool to penalize a voluntary adult prostituted or his or her customer.  But I also think it's appalling that they leave the same tool on the table when it comes to customers who have sex with children or slaves.

Reading Between the Lines in Reading, Pennsylvania: Digging Deeper into Child-Porn and Police Discipline Stories Turns Up... Deeper Stories

Mon, 2009-09-21 10:10

Well this is kind of weird. Ampersand of Alas, a blog passes along one of those classic gotcha stories that combine double standards, overzealous prosecutors, and young people exchanging nude photography…

Reading, Pennsylvania: Where you get three years in prison for taking consensual nude pictures of your girlfriend, but cops who expose their penises in the office aren’t penalized at all.

From a pretty good link-roundup post here.

... that for some reason I foolishly started following links back through the story. And discovered that, as they say on Facebook, “it’s complicated.” There’s more to it than will fit in any two-sentence summary.

Let’s get the willy-waiving policeman out of the way first: According to The Agitator (the site Ampersand links to) a Pennsylvania police officer was reinstated after an arbitrator determined he was improperly fired because his employers (the police supervisor he exposed himself to?) didn’t follow “progressive disciplinary guidelines, which involve a series of verbal and written warnings.” (That would be “progressive” in the procedural rather than political sense.)

The child-porn conviction business, though, just keeps getting deeper and weirder.

Most surface/gotcha-level view of the story: man convicted earlier for possessing naked photos of his then-17-year-old wife is sent to prison for 3 years for failing to notify a sex-offender registry of a change of address. Extra irony/quirk/outrage/overreach/whatever: his now-adult wife and child they had together are now an impoverished single-mother family and will remain so till the husband gets out of prison around 2012. Ouch, right?

Well, yes, ouch. The next complication, though, from the Reading (Pennsylvania) Eagle after the man was originally convicted: in 2003 a 23-year-old man has a hotel-room party with his 17-year-old girlfriend who takes pictures of the two of them having sex, and of two other girls, 15 and 16, kissing, touching, and showering naked. Girlfriend swears she took the photos and made a photo album of them and then gave it to him.

Ok, that’s more complicated but still way more of a sorrow-than-anger situation. (Update: Making the very big assumption that since court and news reports don’t say otherwise that contact was limited to his fiance and she really did take all the photos. But in current comments Sungold is persuading me to lean towards her interpretation, in which case eww, and throw the book at him.)

Except there’s the next level complication: The man allegedly kept the photo album in his vehicle for a year. It didn’t turn up till he had a traffic accident and a police officer found the album in his car. Oh, and they didn’t just charge him with child porn they also charged him with providing alcohol to minor.

Yeah, I’m starting to feel a little sympathy fading too here. Tough, and all that, but still, WTF, right? Well, yeah.

It gets even more complicated though.

The police officer who found the photo album was the man’s brother in law (or possibly his step-brother.)

The brother-in-something held on to the album for a year before someone else on the police force found it in his desk. When police searched his computer they found 120 other photos of naked minors.

That too got complicated. The brother-in-something was charged with possession of child-pornograhy but, since the photo album was evidence against the original man he wasn’t charged for possessing that.

It gets even more complicated: first, it sounds like the man and his erstwhile partner are separated. So it’s not clear what’s going on with her. And comments by a local in one of the articles said the brother-in-something eventually escaped conviction, which sounds like a bit more of a scandal — the photos aren’t characterized but it doesn’t sound like they were of people he was involved with.

But wait! It gets even more complicated! The brother-in-something was actually convicted and sentenced to six months house arrest. For possessing those 120 computer photos. Oh, and peeping in windows. So there you go.

Meanwhile the original man, having served his original sentence, is still back in prison for three years under the state’s Megan’s Law provisions for failing to let authorities know he’d moved.

So end of the story? Yes, it’s scandalous that a different police officer was reinstated after exposing himself to his superior and a bystander.

And yes it’s on-balance unfortunate that the man went to prison a second time after serving what may have been a shorter first sentence for exercising what could only optimistically be called really, really, really bad judgment and somewhat more generously for canoodling with someone still a minor but past the age of consent and… her two minor friends who certainly weren’t. And not-at-all generously, for either getting minor children drunk, having sex with one of them, and taking and keeping naked photos with them, or, nearly as bad, getting drunk and naked with minor children and keeping the resulting photos. No really good way to spin that and… it’s not really clear why one would bother.

I’ve still got questions, though, about double standards on police vs. civilian conduct. Because one final Reading Eagle story, on the conviction of the brother-in-something adds one final complication. Turns out it wasn’t the brother-in-something who found the photo album in the first man’s truck after an accident. Instead some other officer found it and turned it over to the brother-in-something. Who put it in his desk. Where it was discovered a little more than a year later by someone else. Who, if I’ve got the chronology right, may actually have been investigating allegations of window peeping. But, having finally seen the light of day, resulted in charges against the original man for child porn, the brother for otherwise-unrelated child porn… but not withholding evidence… and… what?... disciplinary charges? Tampering with evidence charges? Nothing at all? ...for the officer who handed the photo album to the brother-in-law.

Point being that yeah, in its bare bones the story fits that two-line gotcha, “Reading, Pennsylvania: Where you get three years in prison for taking consensual nude pictures of your girlfriend, but cops who expose their penises in the office aren’t penalized at all.” But where the rest of the stories (I’m just a regular Paul Harvey, eh?) ought to raise even more eyebrows.

(Child) porn again

Fri, 2007-09-28 22:25

Susie Bright, in the course of a takedown of Bush-era terror-mongering and evidence-falsifying “all in a good cause” has a chilling reminder for all


There’s two phrases, that for me, will always describe the Bush Years: “Weapons of Mass Destruction,” and “Child Porn.” Our fears of annihilation and our children’s future being crushed were both hinged on these two… hoaxes.
...

People fret over what monster will abduct their kid on MySpace, when statistically, the web site is safer than their church.

Read the quote in context here.

Again the issue isn’t that there’s no child porn, it’s that lying about it, or, worse, ginning up stories, or legislation as in Mark Foley’s case, or, as Bright points out, in way, way too many churches (of multiple denominations) as a cover for one’s own sordid involvement is worse than counterproductive. !$!@$#~@$

Update: In comments Sharon says

I know what you are saying, but I think the timing is a bit unfortunate. Many of us are still getting over the shock of seeing that ubiquitous image of the 4 year old girl in Nevada— the one being raped every which way in a video allegedly found in the desert.

While I agree it’s embarrassing to me I don’t agree that it’s bad timing. I hadn’t heard about the case of the rather frantic search for a child identified in a video tape in Nevada. The very good news is that they’ve found the girl and there’s a manhunt for the perpetrator. The tape was evidently made several years ago and the girl has been with her family since the event. And thank goodness!

What’s cool to me about this particular case, in the context of this particular post, is that the case was revealed, investigated, and successfully concluded based on ordinary police procedures. Furthermore the disgusting sons of bitches involved have been arrested and will be prosecuted for thoroughly appropriate on-the-books felonies and, if convicted, will serve appropriately long sentences.

It’s further worth noting, however, that at no point does it appear that the nominally “anti-child-pornography” policies instigated against legal adult porn had anything to do with the arrest. Yet I suspect the case Sharon mention will be used to promote other anti-porn (as opposed to anti-child-porn) measures instead of, um, tracking down and prosecuting actual child-pornographers.

And because I want to be very clear about this: I’d really like to see more actual law enforcement of any form of sexual assault or abuse of anybody of any age, race, gender, or persuasion. And less diverting resources away from such efforts in order to harass otherwise legal adult pornography.

User login