Deferred prosecution for softcore child porn

Anonymous; Jan 11 2017
Type of WorkReport
Publication LanguageEng

In the early 2010s, I was one of many targets of a national police raid against child pornography, in a Western European country. The reason they paid me a visit was that I had saved a few softcore images of young girls in a private web album. The photos had been screened by a webmaster and assessed as being “possibly illegal”. For this reason, the webmaster had closed my account and contacted the police who simply added me to the long list of addresses for their raid.

A prosecutor decided to offer me deferred prosecution because the pictures I had uploaded were “not that serious”. During the raid, the police confirmed that the material in question was all in the softcore category. It mainly consisted of so-called non-nude images and a few nudes. There were no pictures of sexual acts (other than modelling), no close-ups of genitals, and nothing sadistic, creepy or tragic. In fact, most of the models were smiling and looked amused or happy, and the police told me that this was the type of material that was produced voluntarily, to the extent that most of the girls probably even liked the modelling. They conceded that this category used to be completely legal in our country. Things had changed a lot, which in their interpretation even implied that portrait photos of clothed beautiful young girls with make-up, and legal pictures of young but adult petite erotic models, should all be seen as kiddie porn now.

They confiscated my PC and several dozen CDs or DVDs, but felt no need to arrest me or search my whole house. Two months later, I had to sign a contract which mainly meant that I agreed to undergo a psychiatric, polyclinic “treatment” at a forensic clinic, as an outpatient. I was not allowed to choose an external therapist or sexologist of my own liking, but I simply had to accept whatever they would impose on me.
I decided to agree, because the alternative would be a public court case that could easily affect my whole life.

Pathologising

At the clinic, it soon became clear that anyone with paedophilic feelings was automatically seen as a psychiatric patient. In my particular case, these feelings were linked with a presumed arrested emotional, social and sexual development, thought to be the result of an autistic disorder, namely Asperger Syndrome. I had to complete long and tedious tests which did not confirm these diagnostic assumptions, but I was still given the label “autistic”.

The irony was that during the group sessions I proved that this diagnosis could not be true, because I showed more (rather than less) than average social intelligence and empathy towards my fellow patients. In the end, this was explicitly acknowledged by my therapists, but they did not adjust their diagnosis. To be more precise, I lacked all the typical defining characteristics of Asperger’s, such as developmental problems during childhood, high sensitivity to sensory stimuli, an obsessive aversion to chaos, poor social insight, deficient emotional intelligence, a limited emotional life, problems with change, or strange obsessions with unusual interests. The characteristics that I did show, such as relatively high intelligence, introversion, or limited motor skills, were not defining and also applied to many gifted persons without any autistic disorder. (After my “treatment”, I read that many intellectually gifted patients are routinely given a “false positive” diagnosis within the autism spectrum, and it even appears to be something of a fad within psychiatric clinics.).

They even seemed really disappointed when I demonstrated that their argumentation did not make sense. Also, they ignored the highly intimidating context and denied that this clearly affected my overall performance. They did not accept the truism that many patients will typically under-achieve in such an environment and that minor errors could be seen as the result of stress, rather than as clear signs that there had to be something wrong with me (i.e. on top of my paedophilic “disorder”).

It was as if they had assessed me before they had met me, and tried to interpret their findings as conclusively confirming their prejudiced diagnosis, even though there was every reason to see them as conclusively refuting it.

This was rather shocking, because it gave me the impression that my self-image did not matter to them. They did not even care that the Asperger’s diagnosis did not match what I considered one of my best developed psychological traits, my empathic ability.

Rather than trying to empower me, they were really determined to force their prejudiced views onto me. It was only because I tried to stay calm and polite that I was not forced to follow so-called psycho-education sessions for autistic patients.

With my sexual offence, what particularly gave them reason to believe I had to be autistic was the fact that I thought that voluntary softcore material was ethically acceptable. In their view, I had to realize that children and youngsters below the age of 23 (when their brains would be fully developed) obviously lacked the capacity to understand the long-term consequences of their participation.

I protested that they had the right to blame me for underestimating society’s condemnation of any type of child erotica and thereby underestimating the outrage that could affect the children involved, in the long run, but that this did not imply a lack of empathy. I had simply believed that society was still a bit more tolerant about such material and agreed that if the public perception of softcore images had become so extremely negative, this implied that it could also undermine the self-perception of the young models.

I concluded that softcore images should become legal again, as soon as society becomes more open to this. This time, it should happen under strict conditions and be monitored by the government, to prevent any type of abuse or exploitation more effectively .

The clinic clearly had a hard time dealing with me. I did not fit into their standard typologies, because I did not have any important social, financial, compulsive or post-traumatic symptoms and my offence had remained strictly limited to what I had considered morally acceptable. The only real reason I was going to their sessions was that it was part of my contract. Nevertheless, they kept looking for anything that would prove I was severely disturbed.

They did not even distinguish a diagnostic category of “paedophilia without a severe psychiatric background” and they ultimately admitted that the stricter legislation would probably make it necessary to do so, because from now on many average paedophiles with a moderate interest in (exclusively) softcore erotica would suddenly be considered real criminals who really needed therapy.

Predictably, all this was quite humiliating, dehumanising and alienating for me. I went through a lot of fears, worries and insecurity, and had gloomy nightmares.

Within my group, I was the only one who did not have to undergo a second therapy after the group sessions were completed, but they only told me so at the very last moment.

The other members of my group were generally treated even more harshly and I often felt really bad for them, which I expressed in critical remarks and supportive statements. This made me quite popular among the other group members and in the long run, even the therapists admitted that a lot I had been saying really made sense.

Confusing setting

There was a pervasive ambivalence within the clinic’s attitude towards its patients. Everyone, including the therapists, was addressed by his or her personal name. There seemed to be lots of room for personal confessions and unfiltered responses. However, this atmosphere was merely apparent. Anything you said could and often would be used to increase the pathologising of your particular case.

This included positive traits and experiences, which were reinterpreted as signs of a selfish or criminal personality. The therapists were hardly interested in personal backgrounds of offences and tried to reduce them to standard models. They even forced us to stop using positive or neutral terms, such as “curiosity” or “models” and replaced them by negative ones.

Some therapists were kind and supportive by nature, but anything the patients told a therapist would typically become common knowledge of the whole team. This could be particularly upsetting if a therapist had been sloppy or even incorrect in his or her report.

Also, a therapist who was nice at one occasion, could suddenly become harsh and distant during another session.

For me, all this meant that I basically felt lost, confused and threatened from day one, and that it was difficult for me to conceal my real, mostly negative, feelings.

Another thing that was confusing concerned our main therapist’s attitude to erotica and relationships. She did accept the fact that erotic modelling and even paedophile relationships could be voluntary from the minor’s perspective, but remained convinced that even these were by definition very harmful anyway. She claimed that this was even true for minors above the legal age of 16. Anyone interested in such adolescents clearly had a severe psychiatric disorder, and any minor interested in an adult needed treatment as well!

In general, the analyses of personal backgrounds remained very stereotypical and superficial and they were more interested in confirming their prejudices than in understanding the individual group member. Also, they pretended to show empathy for us, by imagining what they would do in a specific situation themselves, even though none of the therapists showed any signs of a paedophilic preference… We were sick if we reacted differently than they would do.

In terms of the severity of offences, the therapists acted as if it should be absolutely clear that watching soft erotica was not essentially different from watching hardcore child porn and that it was indirectly linked to raping children. They also wanted us to believe that there was a very high percentage of recidivism, whereas this is completely incorrect.

We were stimulated to give a detailed description of our “crimes”, but the therapists got almost hysterical if we mentioned specific photographers such as Hamilton, because this would probably lead our fellow group members into temptation.

Forensic ideology

According to the forensic workers I met, all child erotica had become illegal in our country because we now knew that children were not able to deal with sexuality in a responsible, harmless way, not even in the context of softcore erotic modelling. Therefore, they had to be protected against any kind of sexuality, especially in relation to adults.

This general ideology was even shared by really kind professionals, and doubting it was regarded as a clear sign of a psychiatric disorder. All of them acted as if the debate on paedophilia is closed for good, and that anything paedo-erotic involving real children could never be innocent or harmless, let alone positive.

My main therapist believed that softcore erotic modelling was never really voluntary and that there was always some type of coercion involved. On this, even the police officers who had confiscated my PC had a less extreme opinion.

Any type of erotic attraction to children would in itself be pathological and this was also true for a child’s attraction to an adult.

If they accepted the existence of exhibitionism in children, they exclusively regarded it as a psychiatric symptom. Normal, psychologically healthy children would never get involved in erotica.

This also meant that anyone who justified softcore porn had to do so through rather transparent rationalisations and was basically driven by ruthless lust.

We were not allowed to correct such prejudices, and we had to become convinced that any type of paedo-eroticism involving real children was by definition immoral. Anyone who engaged in such things would therefore be really selfish or lacking a basic capacity for empathy.