Investigating, Prosecuting, and Preventing Cyber Sex Offenses

1. Investigating, Prosecuting, and Preventing Cyber Sex Offenses Dana D. Leccese A.A.G. & ICAC Prosecutor Attorney General Reilly’s Office (617) 727-2200, ext. 2854 dana.leccese@ago.state.ma.us January 10, 2006 * BATEC IT Futures Forum Training Staples Headquarters * 500 Staples Dr., Framingham, MA

2. MA Internet Crimes Against Children Task Force & theAttorney General’s Office

3. Disclaimer The Contents Reflect My T&E

4. ICAC Cases Child Pornography Collectors & Travelers

5. First, A Look at Child Sexual Assault, Generally

6. Consent • The bar separating sex w/ kids & sex w/ adults • Why can’t kids give consent? • B/c they’re innocent? No. • B/c they’re developmentally immature & don’t understand the consequences of their conduct.

7. Is the Child a V Even if He: • Did not say no? • Did not fight? • Did not tell? • Initiated contact? • Actively cooperated? • Accepted gifts or money? • E.g., V had sex w/ her coach so he’d give her private lessons to help her get to Olympics, not b/c the coach “brainwashed” her. • Enjoyed the sexual activity?

8. The Compliant Child Victim A term used by professionals to describe those children who cooperate in or “consent” to their sexual victimization. Other terms: Participatory, Voluntary, Cooperating, Statutory, Consensual

9. But What Kind of Bad Guy Do You Picture? • We warn kids about “predators,” “pedophiles,” & “stranger-danger.” We tell them, “Just say ‘no.” We tell them to “yell and tell.” • But what about the V in the typical “traveler” case? • Does the V feel victimized? • Why not?

10. So That’s Why . . . • V didn’t disclose, or delayed her disclosure, or denied it. • V gave an incomplete, inaccurate, distorted, or even contradictory disclosure. • V felt shame, embarrassment, or guilt. • We don’t interview the V in front of her parent(s)! • E.g., V says D fellated him, but denies performing oral sex on D. Then, lo’ & behold, what do the cops find at D’s house or on his computer? Beware: Forensics might impeach your V’s story. • E.g., Child “prostitution”

11. Why Won’t V Disclose Fully? • Stigma of homosexuality • The world doesn’t understand • V didn’t say anything when he should’ve, so why bother saying anything now? • V likes the D • V doesn’t feel like a V • Fear (e.g., threats, blackmail) • Fears prosecution for drugs/alcohol

12. What Encourages Disclosure? • Someone else discovers or suspects the abuse/relationship • D becomes too aggressive • V sees D seducing younger sibling/friend • V is angry b/c D dumped him; V is jealous • V is married or has a child • V wants to sue D

13. Why D Want Compliant V? • Initial cooperation makes it easy • Decreases likelihood of disclosure • Increases ongoing access

14. How Do These Guys Get the Child to Cooperate? • GROOMING • A skill that can allow a perpetrator to go undetected for decades.

15. Sample V Impact Statement • I met a man who was 35 years old. He treated me very fine. He never hit me, we never argued. We always agreed on the same thing . . . He bought me presents, then he took dirty pictures of me and offered me money . . . I don’t really want that . . . I want a home. I want someone who will accept me and love me for a long time . . . All he really wants are the dirty pictures and the sex. • “Pedophiles and Sexual Offences Against Children,” Dennis Howitt, London, Wiley

16. Grooming • Gather info (interests & vulnerabilities) • Gain access (nice guy; “seduce” parents; alienate parents; sports; religion; education; ONLINE) • Fill needs (combination of attention, affection, gifts, money, etc.) • Old Vs recruit new Vs

17. Grooming • Lower inhibitions (games, back rubs, photography, language, pornography, drugs, alcohol, separate child from others who support him, change clothes in front of him, have overnight visits) • Gain & maintain control (gradual bonding, competition, peer pressure, sympathy & suicide, blackmail & threats) • Ever heard of V’s family giving D continued access to V? Why?

18. The ICAC Sex Offender

19. What is Human Sexuality? Anything and everything you can’t think of!

20. Child Molesters – 2 Types • Preferential • Situational

21. Pedophiles • Not all child molesters are pedophiles. • Not all pedophiles are child molesters. • However, most CP collectors are pedophiles. What, exactly, is a pedophile?

22. Paraphilias • Persistent, repetitive, socially deviant sexual arousal over 6 mos. or more involving: • Nonhuman objects • Suffering or humiliation of self or V • Children • Other non-consenting adult • They don’t fade with age. • They sometimes morph with age.

23. Varieties of Paraphilias • Exhibitionism (male disorder; usu. w/female Vs) • Fetishism (e.g., lingerie; diapers; balloons; pantyhose) • Frotteurism (rubbing up against kids or females) • Pedophilia (pubescent kids) • Hebephilia (pre-pubescent kids) • Sexual masochism • Sexual sadism • Transvestic fetishism • Voyeurism • Troilism (watching partner have sex-for-hire)

24. Varieties of Paraphilias • Telephone scatologia (watching sex) • Necrophilia (masturbating to corpse) • Partialism (sex with body parts) • Zoophilia (bestiality) • Coprophilia (sex involving feces) • Klismaphilia (sex involving enemas) • Urophilia (sex involving urine) • Pictophilia (sexual dependence on watching pornography)

25. Sexual Impulse Disorders Paraphilias + Paraphilia related disorders

26. Paraphilic-related (Hypersexual) Disorders • Excessive expressions of culturally tolerated sexual arousal • Excessive sexual appetite • Repetitive impulsive behavior despite adverse consequences E.g., compulsive masturbation, telephone sex dependence, cybersex dependence, pornography dependence

27. The Online Predator • Someone who uses the Internet for access to children who are the objects of his sexual desires in order to groom and solicit them for sexual contact.

28. Dangers of the Internet • Gives greater access to child pornography • Enables Ds to visualize and act on fantasies • Gives greater access to V pool • Enables Ds to fake their IDs

29. What is Child Pornography?What Do You Call It?

30. Why is it illegal to:Possess Child Pornography?Intend to Possess CP?Disseminate CP?

31. Typical ICAC Charges • Possession CP • Possession-with-intent CP • Dissemination CP • Possession-with-intent Obscene Matter • Dissemination Obscene Matter • Possession-with-intent MHM • Dissemination MHM

32. Typical ICAC Charges • Sexually Posing/Exhibiting a Nude Child • Enticement (asking the child to do anything sexually) • But: Contrast the age of consent for statutory rape

33. The Functions of CP • Fantasy & masturbation • Socializing • Substitutes for an inadequate face-to-face social life • Power and status are determined by the size of the collection • Emotional avoidance • Psychological support from like-minded collectors • Collecting

34. What About All Those Guys Who Just Collect “Virtual” Child Pornography?

35. “Virtual” CP • Morphed • Composite • CGI • Like “Yoda” • Too expensive • Not many CGI exist of people • Companies like Pozer can send you the images of genitalia

36. CP as a Collector’s Item • Internet = a marketplace for images • Supply and demand • Demand = Fuels the abuse of kids • Collecting imposes order on a chaotic world (Ds often are organized) • Collection excites the collector

37. CP as a Collector’s Item • Thrill assoc’d w/ rare finds • Importance w/ saving the item, not just viewing it • Again, searching for status • Each image has subjective value • Series have special value

38. CP = Child Exploitation/Abuse • CP is collected (not destroyed) forever • Picture is sent with lascivious intent • D masturbates to a picture of CP • D grooms the V w/ CP • D blackmails the V w/ CP

39. It’s Part of an Offending Chain • It feels less risky b/c D perceives anonymity • First, D might be satiated by “just” collecting • If that satiation fades, D might look for something new to satisfy him • More egregious images • Touching • Recall: Paraphilias can morph over time.

40. Unique Search and Seizure • Grooming evidence found at scene • Volume of data & types of stuff stored in computer • Old laws need updating • E.g., 7-day rule • E.g., wiretap (we want to tap phones of those trading CP, but it’s not a listed offense) • E.g., administrative subpoena statute • E.g., jurisdiction of MA courts over foreign ISPs • It’s resource-intensive & requires trained officers • ISPs have inadequate retention policies

41. Teens & the Internet • 66% of all American use the Internet • As of late 2004, 87% of all American teens aged 12 to 17 go online, which is about 21 million teens. • Negative experiences online and fears on the part of parents/teens partly explain why 13% of American teens aren’t online. • Nearly two-thirds (64%) of parents of online teens report having rules at home about when or for how long their children can go online. “Pew Internet & American Life Project,” May 18, 2005.

42. Adolescents & the Internet • Internet appears anonymous & safe • Anonymity = double-edged sword • Nurtures open discussion • Hides ulterior motives

43. Ds Online with Teens • Look for teens who appear confused, curious, or isolated • Okay. And how many teens is that? • Ds assume false identities to gain trust • U/Cs assume false identities to gain trust

44. Adolescents & the Internet • Telephone survey: 1,501 youths 10-17 who were regular (i.e., once per month) Internet users “Youth Internet Safety Survey,” David Finkelhor et al., Crimes Against Children Research Center, UNH, 2001

45. Results • 19% received unwanted sexual solicitation in the past year • 3% received solicitations involving offline contact • 25% reported unwanted exposure to sexual material • 6% reported harassment incidents (threats, rumors, etc.)

46. Who’s At Risk? • Not just lonely or socially awkward teens • Seventeen magazine poll: 66% of girls b/t 12 & 16 had been approached on the Internet • 33% of them said that they had met up with someone they had met online!

47. 1st Encounters b/t Ds & Vs • 76% of initial Internet meetings happened in chat rooms • 10% happened thru Instant Messages • 5% occurred thru email • 5% other ways • Approximately 2500 arrest cases “Juvenile Online Victimization Incidence Study,” David Finkelhor et al., Crimes Against Children Research Center, UNH, 2003.

48. In that Same Study: • Few cases involved coercion or violence • 89% of those who had face-to-face meetings w/ Ds experienced penetrative sex, but only 5% involved violence • 40% given drugs and/or alcohol • 23% saw adult pornography • 15% saw child pornography • 21% were photographed sexually • Some reported use of Internet as tool: fondling or holding child on lap, grooming, showing V how to perform deviant sexual acts

49. Interviewing The PhotographedChild Victim

50. What Are These ICAC Cases? • Are they computer crimes? • Or child sexual abuse crimes?