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FASE MEETING MACERATA, OCTOBER 5-6, 2007 AGE ESTIMATION STATE-OF-THE-ART, GUIDELINES AND NEW PROJECTS. AGE ESTIMATION AND PEDOPORNOGRAPHY. Laboratorio di Antropologia ed Odontologia Forense Institute of Legal Medicine University of Milan. The Italian legislation. Art. 600 ter:
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FASE MEETING MACERATA, OCTOBER 5-6, 2007 AGE ESTIMATION STATE-OF-THE-ART, GUIDELINES AND NEW PROJECTS AGE ESTIMATION AND PEDOPORNOGRAPHY Laboratorio di Antropologia ed Odontologia Forense Institute of Legal Medicine University of Milan
The Italian legislation Art. 600 ter: anyone who abuses minors younger than 18 years in pornographic exhibitions or produces pornographic material is punished by imprisonment between 6 and 12 years Law n° 269 3/08/98, Art. 14: “Rules against exploitation of prostitution, pornography, sexual tourism against minors, as new types of slavery” Law n. 8 6/02/2006: “Rules against exploitation of child prostitution and pedopornography throughout the web”: institution of a “National Centre against pedo-pornography on the web”
In order to perform age estimation on suspected pedopornographic images, experts called by magistrates can utilize knowledge from different medical disciplines: auxology, paediatrics and gynaecology etc. Interesting thresholds are: 10, 14, 16, 18 But can we use these for the forensic scenario ?
This first study aims at verifying reliability of different medical experts in age estimation of images from the web
11 photos of 11 females were taken from official authorised pornographic websites where the “actresses” were known and of adult age. On every photo, the observer was asked to establish if each girl was underage or adult, specifying which particular anatomical element suggested the choice (face, breast, axillary hair, pubis, other)
Medical expert classes: N° 5 Forensic Pathologists N° 5 Paediatricians N° 5 Gynaecologists Control group: N° 13 non-medical specialists
Conclusions • Laymen and forensic pathologists gave better results than paediatricians and gynecologists both in Italy and Germany • Paediatricians and Gynaecologists answered exactly very rarely, although they most frequently pointed out, among anatomical regions, breast and pubic hair, both critical elements in Tanner staging • Forensic Pathologists gave the right answer in relatively more cases
Considering the results provided by this study, the search for new methods of age diagnosis is critical, such as facial traits analysis
A chart including 10 photos chosen at random were presented to 15 observers which were requested to indicate age of represented children The group of observers included 5 forensic pathologists, 5 paediatricians and 5 laymen (non medical specialists)
età corretta Age assessment by medical experts and laymen
Difference in years between the answer given and correct answer
European ProjectSTOP II n°. JAI/2002/STOP/132 il 31.12.2002 DEVELOPMENT OF A SOFTWARE FOR AUTOMATED IDENTIFICATION OF PORNOGRAPHIC MATERIAL AS CHILD PORNOGRAPHY BY AGE ESTIMATION BASED ON THE FACIAL PROPORTIONS OF THE VICTIMS University of Milan University of Kiel and Dusseldorf University of Vilnius
Materials and Methods 168 children, 99 males and 69 females, between 3 and 5 years old were photographed in Frankfurt horizontal position by digital camera Every photo was identifiable by a code indicating number of child photographed, gender, age in months, and type of view (frontal, “three-quarter”, lateral view)
21 points were then considered, in order to carry out cranial measurements
Results Differences between the following measures taken on children are significant between 3-4-5 years (P<0.001) Weight selion-gnation (se-gn) vertex-gnation (v-gn) Nose tip – nose socket (prn-sn)
Differences between the following measurements taken on children are significant between 3-4-5 years (P<0.01) 3 - 5 years eurion-eurion (P < 0.01) zygion-zygion (P < 0.05) 3 - 4 and 5 years gonion-gonion, tragus - gonion (P <0.01) tragus - tragus (P < 0.05) selion - nose socket(P < 0.05) 3 and 4 – 5 selion-punta del naso (P < 0.01)
The same measurements when possible were taken on photos as well Linear measurements underwent statistical analysis by processing program SAS Version 8 (2000)
Results 3 - 4 anni (P < 0.05) zygion-zygion gonion-gonion pupillare-pupillare endocantion-endocantion 3 and 4 - 5 (P < 0.01) selion-gnation
Conclusions • Tanner staging is inadequate, it is a clinical method and is insufficient for forensic purposes • the analysis of facial traits on children has shown that some measures can distinguish among 3,4,5 years old subjects • the same analysis, carried out on photos from the same children, pointed out lower discrimination power • further studies are needed – currently performing from 10-19