Child Molesters: A Behavioral Analysis For Law Enforcement Officers Investigating Cases of Sexual Exploitation

In cooperation with the Federal Bureau of Investigation Child Molesters: A Behavioral Analysis

For Law Enforcement Officers Investigating Cases of Child Sexual Exploitation

December 1992 Third Edition

Kenneth V. Lanning Supervisory Special Agent

Behavioral Science Unit Federal Bureau of Investigation FBI Academy Quantico, Virginia

Copyright © 1986, 1987, and 1992 National Center for Missing & Exploited Children. All rights reserved. Prepared under Cooperative Agreement #86-MC-CX-K003, and revised and reprinted under Coopera- tive Agreements #92-MC-CX-K001, #95-MC-CX-K001, and #98-MC-CX-K002 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice.

Points of view or opinions in this book are those of NCMEC and do not necessarily represent the official position or policies of the U.S. Department of Justice.

A version of this book was published inPractical Aspects of Rape Investigation: A Multi-Disciplinary Approach, edited by Robert R. Hazelwood and Ann W. Burgess (New York: Elsevier, 1987). Contents

Foreword v

1. Definitions of Terms 1 Child Molesters 1 Pedophiles 1 Important Distinctions for Law Enforcement 3 Classification Typologies 4

2. A Law Enforcement Typology 5 Needs of Law Enforcement 5 Kinds of Child Molesters 5 Situational Child Molesters 6 Preferential Child Molesters 8 The Role of Law Enforcement 9

3. Problem Areas 11 Combination Offenders 11 Sex Rings 11 Incest Cases 12 Female Offenders 13 Adolescent Offenders 13

4. Identifying Pedophiles 15 The Preferential Child Molester (Pedophile) 15

5. Collection of Child and Erotica 23 24 (Pedophile Paraphernalia) 26 Motivation for Collection 27 Use of Collection 28 Characteristics of Collection 29 The Role of Law Enforcement 31

6. After Identification 37 The Pedophile’s Defenses 37 7. Investigative Difficulties 41 The Ideal Victim 41 Maligned Investigator 42 What Constitutes Sexual Activity? 43 Societal Attitudes 43

Appendix I: Considerations in Obtaining and Using Expertise Search Warrants in Cases of Preferential Child Molesters, by Janet E. Kosid, Esquire 45

Appendix II: References 61

Appendix III: Additional Reading 63

Appendix IV: Cycle of Violence 65

Appendix V: Sexual Victimization of Children 67 Foreword

Much valuable law enforcement training work • 114,600 attempted abductions of is being done by the FBI Academy and children by nonfamily members National Academy, the Federal Law Enforce- • 4,600 abductions by nonfamily ment Training Center, and the National members reported to police Center for Missing & Exploited Children • 300 abductions by nonfamily mem- (NCMEC). In fact, through September 1992, bers where the children were gone NCMEC alone has trained more than 118,000 for long periods of time or were officers nationwide and in Canada. Nonethe- murdered less, there is still a critical need in law • 354,000 children abducted by fam- enforcement for information and publications ily members on specific investigative topics. Since its • 450,700 children who ran away inception, NCMEC has published and dis- • 127,100 children who were thrown tributed free of charge 260,000 copies of two away such training publications: Parental Kidnap- • 438,200 children who were lost, ping and the Investigator’s Guide to Missing injured, or otherwise missing Child Cases. In December 1989 NCMEC published a The link between missing and sexually companion text to Child Molesters: A Behavioral exploited children is a strong one. For ex- Analysis, titled Child Sex Rings: A Behavioral ample, from July 1980 through February 1984, Analysis, also by Kenneth Lanning, which the police/social work team of the Louisville/ presents the latest information on investigat- Jefferson County Exploited and Missing Child ing child sex rings and ritualistic abuse. The Unit (EMCU) in Kentucky investigated ap- second edition of this text was issued in April proximately 1,400 cases of children suspected 1992. of being victims of sexual exploitation. A full Currently, a prime mission is to extend the 54 percent (756) of the children were found to facilities of NCMEC to the law enforcement be victims and an additional 31 percent (434) practitioner community for the purpose of of the children were considered probable vic- publishing short books or monographs on tims. During this time period the EMCU sexually exploited children or pedophiles— prosecuted hundreds of adults for various particularly as these subjects relate to the crimes involving the sexual exploitation of missing child phenomenon. Our aim is to children. Over 40 major cases resulted in the merge various U.S. Department of Justice ini- successful prosecution of adults involved with tiatives for proactive marketing in order to over 12 children each. expand the practical effect of all our efforts. Even though the EMCU was reputed to be As a society our efforts to prevent crimes the national model of investigations in sexu- against children have not kept pace with the ally exploited children by the end of the third increasing vulnerability of our young citizens. year of work, such was only to demonstrate an In May 1990 the U.S. Department of Justice effective “ambulance service at the base of the released a study reporting that in 1988 there cliffs.” A new approach was needed. As a were as many as

v proactive effort for the early intervention into ration, the adult—abused as a child—becomes this cycle of sexual exploitation, the EMCU the abuser or exploiter. While there has been team began handling all missing child cases in activity in social services research and analy- Jefferson County, Kentucky, in January 1983. sis of the nature of and effects on child victims Now the EMCU began to “build fences at the of sexual exploitation, law enforcement has top of the cliffs.” been found wanting for reliable information The data developed on the first 830 miss- on the nature of the behavior and emotional ing children indicated that approximately 10 patterns of child molesters to assist in their percent of the missing child population was detection and apprehension. exploited while missing. Data further in- Any criminal behavior that appears con- dicated that up to 85 percent of these sistently and universally must be recognized commercially exploited children were miss- as having high predictive and preventative ing at the time of the exploitation offense. value for law enforcement and child protec- The EMCU’s handling of missing child tive services. Of critical importance is the cases functioned as an early warning system complexity of the dynamics, typology, and for cases needing child protective services, investigative handling of child molesters—a counseling, or law enforcement services—all label not always synonymous with pedophile. of which are vital for the successful detection, Supervisory Special Agent Kenneth V. Lanning investigation, arrest, and prosecution of adults of the Behavioral Science Unit at the FBI Acad- in child sexual exploitation. emy has provided formative research and Information gained through interviews, analysis of this topic and, most important, always both investigatory and therapeutic, tailored the approach to be of extreme kept team members very much aware of street practical importance to law enforcement activity, identified havens for missing youths, investigators. and allowed team members to “burn bridges” Law enforcement is charged with the de- to hazardous environments and endangering tection and observation of acts and behaviors adults before the child could become sexually that are violations of the law for which the exploited. New investigatory techniques and child molester can be charged and from which methodologies were developed and refined children must be protected. While psychiatric with an absolute ethic (and policy) that youth labels fall far short of being useful to the were never to be used in any endangering investigator, Mr. Lanning’s typology offers a capacity nor allowed to volunteer to do so to construct for investigators that provides further an investigation. This background insight and guidance in practicing child pro- experience clearly indicated that the status tection—not just labeling it for treatment. The itself of being missing (runaway, homeless, ability to understand and recognize the be- abducted, etc.) is a very large window for havior of child molesters before their arrest or entrance into child sexual exploitation. identification is a prime weapon for the in- Furthermore, the cycle of violence (see “Ap- vestigator handling cases of sexual abuse or pendix IV,”) now appears as beginning with exploitation. If investigators can better un- child abuse within the family and extending derstand how and why molesters have sex to missing child episodes that present the with children, child protection officials are in arena for exploitation of the child. With matu- a much better position to detect, identify, ar-

vi rest, convict, and obtain sentencing that truly highly specific and observable criminal be- deters these horrid crimes. Such should also havior. Not all child molesters are the same. lead to another prime motive for law enforce- Stereotypes must be avoided. Mr. Lanning ment—proving a case without necessitating has provided us the framework for an acute the use of children for testimony in the court understanding and recognition of the behav- itself. ioral patterns that should enable investigators Mr. Lanning has provided us with an ex- to function at a much higher level of profes- cellent and useful treatment of the nature of sionalism. child molesters as unique individuals with

John B. Rabun, Jr., ACSW Vice President and Chief Operating Officer NCMEC

vii 1. Definitions of Terms

Child Molesters For the purposes of this book, a child mo- lester will be defined as a significantly older The term child molester is fairly common and is individual who engages in any type of sexual used by professionals and nonprofessionals activity with individuals legally defined as alike, including law enforcement officers. children. When using the term child molester, Although Webster’s New World Dictionary de- no distinctions will be made between male or fines molest as “annoy, interfere with, or meddle female, single or repeat offenders, or violent with so as to trouble or harm,” when com- or nonviolent offenders. No distinctions will bined with the word child, it has generally be made as to whether the child victims are come to convey sexual abuse of some type. prepubescent or pubescent, known or un- In spite of its common usage, it is surpris- known, related or unrelated to the offender. ing how many different images and variations Finally, no distinctions will be made based on of meanings the term child molester has for the type of sexual activity engaged in by the different individuals. For many, it brings to offender. Although such distinctions may mind the image of the dirty old man in a have important legal and evaluation signifi- wrinkled raincoat hanging around a school cance, they have no bearing on whether or not playground with a bag of candy, waiting to an individual is labeled a child molester. For lure little children. For some, the child mo- law enforcement purposes, a child molester is lester is a stranger to his victim and not a father simply an individual who engages in illegal having sex with his daughter. For others, the sexual activity with children. child molester is one who exposes himself to or fondles children without engaging in vagi- Pedophiles nal or anal intercourse. Still others believe the child molester is a nonviolent offender. Dr. A. Although the use of the term child molester is Nicholas Groth, one of the leading experts on commonplace, recent publicity and aware- sexual victimization of children, differenti- ness concerning sexual abuse of children has ates between nonviolent child molesters who resulted in the frequent use of the term pe- coax or pressure the child into sexual activity dophile. At one time this term was almost and violent child rapists who overpower or exclusively used by psychologists and threaten to harm their victims (see “Appendix psychiatrists. Dr. Groth’s categorization II: References”). Most would probably not defines a child molester as having a sexual apply the term child molester to a man who attraction toward prepubertal children (pedo- utilizes the services of an adolescent prosti- philia) or sexual attraction toward pubertal tute. For law enforcement officers, the term children (). The term hebephile child molester is more likely to conform to a (sometimes spelled ephebophilia) is rarely legal definition of sexual molestation set forth used today, even by mental health profession- in the penal code. als. Although sexual attraction to pubescent

1 children by adults has the obvious potential sexual disorders. Technically, is a for criminal activity, it does not necessarily psychiatric diagnosis that can only be made constitute a sexual perversion as defined by by qualified psychologists or psychiatrists. . However, many people, includ- Therefore, for many, the word is a diagnostic ing the media, now routinely refer to those term, not a legal one. who sexually abuse children as pedophiles. Its increasing use has, however, to some This term is being used more and more by law degree brought this term outside the exclusive enforcement personnel. It has even entered purview of psychiatric diagnosis. Just as some- their slang usage—with some officers talking one can refer to another as being “paranoid” about investigating a “pedo case” or being without implying a psychiatric diagnosis or assigned to a “pedo squad.” assuming psychiatric expertise, a social The Diagnostic and Statistical Manual of worker, prosecutor, or law enforcement offi- Mental Disorders (DSM-III-R) of the American cer can refer to an individual who has sexually Psychiatric Association contains the follow- victimized a child as a pedophile. Webster’s ing definition: “302.20 Pedophilia. The New Collegiate Dictionary contains a good essential feature of this disorder is recurrent, layman’s definition for pedophilia: “sexual intense, sexual urges and sexually arousing perversion in which children are the preferred fantasies, of at least six months’ duration, sexual object.” For the purposes of this book, involving sexual activity with a prepubescent a pedophile will be defined as a significantly child. The person has acted on these urges, or older individual who prefers to have sex with is markedly distressed by them. The age of the individuals legally considered children. The child is generally 13 or younger. The age of the pedophile is one whose sexual fantasies and person is arbitrarily set at age 16 years or older erotic imagery focus on children. The law, not and at least 5 years older than the child” (see puberty, determines who is a child. Appendix II: “References”). There are several It is important to realize that to refer to criteria in this definition that must be empha- someone as a pedophile is to say only that the sized. First, it mentions both the act and the individual has a sexual preference for chil- fantasy of engaging in sexual activity. Whether dren. It says little or nothing about the other or not a person acts on the deviant sexual aspects of his character and personality. To urges may be influenced by other factors such assume that someone is not a pedophile sim- as personality traits, the severity of psychoso- ply because he is nice, goes to church, works cial stressors, or substance abuse. A sexual hard, is kind to animals, and so on, is absurd. deviancy is commonly considered as behavior Pedophiles span the full spectrum from saints that is not normal, and adults having sex with to monsters. In spite of this fact, over and over and/or a sexual attraction to children is con- again pedophiles are not recognized, investi- sidered beyond the norm. Second, it refers to gated, charged, convicted, or sent to prison this sexual activity as occurring with prepubes- simply because they are “nice guys.” cent children. In spite of this, many mental It is also important to recognize that, while health professionals continue to apply the term pedophiles prefer to have sex with children, to those with a sexual preference for pubes- they can and do have sex with adults. Adult cent teenagers. In DSM-III-R pedophilia is sexual relationships are more difficult for some classified as a , one of the psycho- pedophiles than for others. Some pedophiles

2 have sex with adults as part of their effort to act out their sexual fantasies by socially gain or continue their access to preferred chil- interacting with children or by interjecting dren. For example, one might have occasional themselves into the child sexual abuse or sex with a single mother to ensure continued exploitation “problem” as overzealous child access to her children. (See also Child Sex Rings: advocates. It is almost impossible to estimate A Behavioral Analysis listed in “Appendix III: how many pedophiles exist who have never Additional Reading.”) molested a child. What society can or should do with regard to such individuals is an inter- Important Distinctions for esting area for discussion but beyond the role Law Enforcement of law enforcement. People cannot be ar- rested for their fantasies. It is not clear whether What, then, is the difference between a child any of these behaviors constitutes having molester and a pedophile? For many the “acted upon these urges” as required by the terms have become synonymous. The media DSM-III-R criteria for pedophilia. frequently make no distinction and use the Are all child molesters pedophiles? No. A terms interchangeably. Labeling all child pedophile is an individual who prefers to molesters as pedophiles is, however, confus- have sex with children. A person who prefers ing. There are clear differences between the to have sex with an adult partner may, for any types of individuals who sexually abuse chil- number of reasons, decide to have sex with a dren, and law enforcement officers handling child. Such reasons might include simple these cases need to make such distinctions. availability, curiosity, or a desire to hurt a Are all pedophiles child molesters? No. A loved one of the molested child. The sexual person suffering from any paraphilia can le- fantasies of such individuals do not necessar- gally engage in it simply by fantasizing and ily focus on children, and these people are not masturbating. A child molester is an indi- pedophiles. vidual who sexually molests children. A Many child molesters are, in fact, person might have a sexual preference for pedophiles, and many pedophiles are child children and might fantasize about having sex molesters. But they are not necessarily one with them. That person is a pedophile. But if and the same. The law enforcement officer he does not act out, then he is not a child might argue that it is his job to arrest individu- molester. Some pedophiles might act out their als who violate the law and that whether or not fantasies in legal ways by simply talking to or that offender is a pedophile is of no impor- watching children and later masturbating. tance to him. Distinctions between the types Some might have sex with dolls and manne- of child molesters, however, can have impor- quins that resemble children. Some pedophiles tant and valuable implications for the law might act out their fantasies in legal ways by enforcement investigation of child sexual engaging in sexual activity with adults who abuse. look (small stature, flat chested, no body hair), This book will set forth a model for law dress, or act (immature, baby talk) like chil- enforcement that divides child molesters into dren. Others may act out child fantasy games two broad categories and several patterns of with adult prostitutes. A difficult problem to behavior. These categories are not intended detect and address is that of individuals who for use by mental health professionals or clini-

3 cians. They are intended for use by law Fixated Child Molester prefers children for enforcement officers and prosecutors in sexual partners and identifies closely with developing the evidence needed to identify, them. The Regressed Child Molester prefers arrest, and convict child molesters. If the agemates for sexual partners but, because of investigating officer already has enough evi- some precipitating stress in his life, he dence to convict a child molester, then it may substitutes a child for the troubled adult rela- be of small importance whether the molester tionship (see “Appendix II: References”). is a pedophile or not. But if the investigator is A more recent classification typology is the still attempting to develop incriminating evi- one developed by Raymond A. Knight, Ph.D., dence, such distinctions can be invaluable. and Robert A. Prentky, Ph.D., that classifies Even if there is enough evidence to convict a child molesters based on the following five child molester, the fact that a molester is a elements: social competence, sexual preoccu- pedophile could still be important in evaluat- pation with children, nonoffense contact with ing the potential for additional child victims. children, physical injury to child, and sadism. The typology was empirically developed Classification Typologies through statistical analysis and is technically referred to as factor analytically derived tax- Probably the first, and maybe still the most onomy. Although it sounds complicated, the common, classification typology for child mo- typology makes sense and provides useful lesters is the one developed by Dr. Groth, who insights for criminal justice professionals. It is classifies sexual offenders against children being utilized in the Case in Point series pub- into two groups on the basis of whether this lished by the National Center for Missing & involvement constitutes a persistent pattern (a Exploited Children to classify the offenders fixation) or a new activity or change (a regres- interviewed for research purposes by the FBI. sion) in their sexual orientations or lifestyles. Both of these classification systems were Dr. Groth further explains that the Fixated developed for and are used primarily by Child Molester is one “whose primary sexual psychologists evaluating and treating child orientation is towards children,” and the Re- molesters. These two systems and the DSM- gressed Child Molester is one “whose sexual III-R diagnostic system require that the involvement with a child is a clear departure, offender be identified and available for evalu- under stress, from a primary sexual orienta- ation. tion towards agemates.” In essence, Dr. Groth’s

4 2. A Law Enforcement Typology

Too often the terms child molester and pedo- strong case that the perpetrator pleads guilty phile are used interchangeably or without and there is no trial. This may not always be defining them. In fact, not all child molesters possible, but it should be the investigative are pedophiles, and there is a clear need for a goal. Many children can testify in court if law enforcement typology to clear up the necessary. confusion. Law enforcement has frequently The child victim should be carefully inter- accepted offender categories and charac- viewed. The information obtained should be teristics developed by therapists and evaluated and assessed, and appropriate criminologists. These typologies, however, investigative action should be taken. The primarily serve the needs of mental health investigator, however, should proceed as professionals and have limited application to though he or she has information about a those of law enforcement. These typologies crime from a reliable source whose identity are usually developed from data collected cannot be revealed. The investigator should from offenders after arrest or conviction and be an objective fact finder attempting to deter- often reflect unsubstantiated information mine what happened. about pre-arrest behavior. It is the pre-arrest One way to avoid child victim testimony is or pre-identification behavior of child molest- to avail yourself of other evidence that might ers that is of most value to law enforcement. help prove the case. Frequently there is more In addition, law enforcement usually does evidence available than the investigator real- not have the luxury of having a known, izes. Much of this evidence can be identified confessed offender in front of them. Law and located only if the investigator has a solid enforcement and prosecutors need a typology understanding of offender behavior patterns that can be applied before the perpetrator is and the kinds of child molesters. identified or the case is proven in court. Kinds of Child Molesters Needs of Law Enforcement Dr. Park Elliot Dietz divides sex offenders into Child sexual abuse cases can be difficult to two broad categories: situational and preferen- prove. Frequently there is only the word of a tial (see “Appendix II: References”). This child against that of an adult. Many factors concept can be of great practical value to law combine to make it difficult and possibly trau- enforcement. After consulting on hundreds of matic for children to testify in court. In spite of cases in his work at the FBI Behavioral Science some recent advances that make testimony Unit and not finding a typology that fits law easier for the child victim or witness, an im- enforcement needs, the author decided to de- portant objective of every investigation of child velop his own. Expanding on Dr. Dietz’s idea, sexual abuse should be to prove the case with- the author developed a typology of child mo- out resorting to the courtroom testimony of lesters for criminal justice professionals. The the child. This is best done by building such a author has deliberately avoided all use of

5 diagnostic terminology and used instead de- Regressed Such an offender usually has low scriptive terms. The purpose of the typology self-esteem and poor coping skills; he turns to being set forth in this book is not to gain children as a sexual substitute for the pre- insight or understanding about why child ferred peer sex partner. Precipitating stress molesters have sex with children in order to may play a bigger role in his molesting behav- help or treat them, but to recognize and evalu- ior. His main victim criterion seems to be ate how child molesters have sex with children availability, which is why many of these in order to identify, arrest, and convict them. offenders molest their own children. His prin- What evidence to look for, whether there are cipal method of operation is to coerce the additional victims, how to interview a sus- child into having sex. This type of Situational pect, and so on, depend on the type of child Child Molester may or may not collect child or molester involved. adult pornography. If he does have child pornography, it will usually be the best kind Situational Child Molesters from an investigative point of view: home- made photographs or videos of the child he is The Situational Child Molester does not have molesting. Although this type of child mo- a true sexual preference for children, but en- lester may be very common, not many cases gages in sex with children for varied and involving this pattern of behavior are referred sometimes complex reasons. For such a child to the FBI Behavioral Science Unit for case molester, sex with children may range from a consultation. “once-in-a-lifetime” act to a long-term pattern of behavior. The more long-term the pattern Morally Indiscriminate In the author’s expe- is, the harder it is to distinguish from preferen- rience, this is a growing category of child tial molesting. The Situational Child Molester molesters. For this individual, the sexual usually has fewer numbers of different child abuse of children is simply part of a general victims. Other vulnerable individuals, such pattern of abuse in his life. He is a user and as the elderly, sick, or the disabled, may also abuser of people. He abuses his wife, friends, be at a risk of sexual victimization by him or coworkers. He lies, cheats, or steals whenever her. For example, the Situational Child Mo- he thinks he can get away with it. He molests lester who sexually abuses children in a children for a simple reason: “Why not?” His daycare center might leave that job and begin primary victim criteria are vulnerability and to sexually abuse elderly people in a nursing opportunity. He has the urge, a child is there, home. It is the author’s undocumented opin- and so he acts. He typically uses force, lures, ion that the number of Situational Child or manipulation to obtain his victims. He may Molesters is larger and increasing faster than violently or nonviolently abduct his victims. that of Preferential Child Molesters. Members Although his victims frequently are strangers of lower socioeconomic groups tend to be or acquaintances, it is important for the inves- overrepresented among Situational Child Mo- tigator to realize that his victims can also be lesters. Within this category at least four the offender’s own children. The incestuous major patterns of behavior emerge (see also father or mother might be this morally indis- Table 1 on page 10). criminate offender. He frequently collects detective magazines or adult pornography of a sadomasochistic nature. He may collect

6 some child pornography, especially that which layman’s terms he is the social misfit, the depicts pubescent children. Because he is an withdrawn, the unusual. He might be the shy impulsive person who lacks conscience, he is teenager who has no friends of his own age or an especially high risk to molest pubescent the eccentric loner who still lives with his children. Such acts may be criminal but not parents. Although most such individuals are necessarily sexually deviant. harmless, some can be child molesters and, in a few cases, even child killers. This offender Sexually Indiscriminate This pattern of be- seems to become sexually involved with chil- havior is the most difficult to define. Although dren out of insecurity or curiosity. He finds the previously described Morally Indiscrimi- children to be nonthreatening objects with nate offender often is a sexual experimenter, whom he can explore his sexual fantasies. The this individual differs in that he appears to be child victim could be someone he knows or a discriminating in his behavior except when it random stranger. In some cases the victim comes to sex. He is the “try-sexual”—willing might be a specific “stranger” selected as a to try anything sexual. Much of his behavior substitute for a specific adult (possibly a rela- is similar to and is most often confused with tive of the child) whom the offender is afraid the Preferential Child Molester. While he may of approaching directly. Often his sexual have clearly defined paraphilic or sexual activity with children is the result of built-up preferences—bondage or sadomasochism, impulses. Some of these individuals find it etc.—however, he has no real sexual prefer- difficult to express anger and hostility, which ence for children. His basic motivation is then builds until it explodes—possibly against sexual experimentation, and he appears to their child victim. Because of mental or emo- have sex with children out of boredom. His tional problems, some might take out their main criteria for such children are that they are frustration in cruel sexual torture. His vic- new and different, and he involves children in tims, however, could be among the elderly as previously existing sexual activity. Again, it well as children—anyone who appears is important to realize that these children may helpless at first sight. He might collect por- be his own. Although much of his sexual nography, but it will most likely be of adults. activity with adults may not be criminal, such Almost any child molester is capable of an individual may also provide his children violence or even murder to avoid identifica- to other adults as part of group sex, spouse- tion. In spite of a few notable exceptions, swapping activity, or even as part of some however—Theodore Frank in California and bizarre ritual. Of all Situational Child Molest- Gary Arthur Bishop in Utah—most of the ers, he is by far the most likely to have sexually motivated child murderers profiled multiple victims, be from a higher socioeco- and assessed by the FBI Behavioral Science nomic background, and collect pornography Unit have involved Situational Child Molest- and erotica. Child pornography will only be ers, especially the morally indiscriminate and a small portion of his potentially large and inadequate patterns of behavior. Low social varied collection, however. competence seems to be the most significant risk factor in why a child molester might Inadequate This pattern of behavior is also abduct their victims. (See “Appendix II: Refer- difficult to define and includes those suffer- ences.”) Sadistic and morally indiscriminate ing from psychoses, eccentric personality Preferential Molesters (pedophiles) who kill disorders, mental retardation, and senility. In will be discussed later in this chapter.

7 Preferential Child Molesters operating what has come to be called a child sex ring. (See also Child Sex Rings: A The Preferential Child Molesters have a defi- Behavioral Analysis listed in “Appendix nite sexual preference for children. Their III: Additional Reading.”) This may include sexual fantasies and erotic imagery focus on a group of children in the same class at school, children. They have sex with children not in the same scout troop, or in the same neigh- because of some situational stress or insecu- borhood. The characteristic that seems to make rity but because they are sexually attracted to this individual a master seducer of children is and prefer children. They can possess a wide his ability to identify with them. He knows variety of character traits but engage in highly how to talk to children—but, more important, predictable sexual behavior. These highly he knows how to listen to them. His adult predictable sexual behavior patterns are called status and authority is also an important part sexual ritual and are frequently engaged in of the seduction process. In addition, he fre- even when they are counterproductive to get- quently selects as targets children who are ting away with the criminal activity. Although victims of emotional or physical neglect. The they may be smaller in number than the biggest problem for this child molester is not Situational Child Molesters, they have the how to obtain child victims but how to get potential to molest large numbers of victims. them to leave after they are too old. This must For many of them, their problem is not only be done without the disclosure of the “secret.” the nature of the sex drive (attraction to chil- Victim disclosure often occurs when the dren) but also the quantity (need for frequent offender is attempting to terminate the rela- and repeated sex with children). They usually tionship. This child molester is most likely to have age and gender preferences for their use threats and physical violence to avoid victims. Members of higher socioeconomic identification and disclosure or to prevent a groups tend to be overrepresented among victim from leaving before he is ready to Preferential Child Molesters. More Preferen- “dump” the victim. tial Child Molesters seem to prefer boy than prefer girl victims. Within this category at Introverted This pattern of behavior charac- least three major patterns of behavior emerge terizes the offender who has a preference for (see also Table 2 on page 10). children but lacks the interpersonal skills nec- essary to seduce them. Therefore, he typically Seduction This pattern characterizes the engages in a minimal amount of verbal com- offender who engages children in sexual munication with his victims and usually activity by “seducing” them—courting them molests strangers or very young children. He with attention, affection, and gifts. Just as one is like the old stereotype of the child molester adult courts another, the pedophile seduces in that he is more likely to hang around play- children over a period of time by gradually grounds and other areas where children lowering their sexual inhibitions. Frequently congregate, watching them or engaging them his victims arrive at the point where they are in brief sexual encounters. He may expose willing to trade sex for the attention, affection, himself to children or make obscene phone and other benefits they receive from the calls to children. He may utilize the services offender. Many of these offenders are simul- of a child prostitute. Unable to figure out any taneously involved with multiple victims, other way to gain access to a child, he might

8 even marry a woman and have his own chil- The Role of Law Enforcement dren, very likely molesting them from the time they are infants. He is similar to the In our typology the term Preferential Child inadequate Situational Child Molester, except Molester is synonymous with the pedophile that he has a definite sexual preference for who sexually molests or exploits children. children and his selection of only children as Since there are federal, state, and local laws victims is more predictable. that deal with such crimes as the possession and distribution of child pornography, law Sadistic This pattern of behavior character- enforcement officers will sometimes be in- izes the offender who has a sexual preference volved in the investigation of pedophiles and for children but who, in order to be aroused or others who have not technically molested chil- gratified, must inflict psychological or physi- dren but who have sexually exploited them by cal pain or suffering on the child victim. He is collecting or trading child pornography. aroused by his victim’s response to the inflic- Therefore, pedophiles who do not physically tion of pain or suffering. They typically use or legally sexually molest children might lures or force to gain access to their victims. become of investigative interest to local or They are more likely than other Preferential federal law enforcement. Any individual, Child Molesters to abduct and even murder however, who collects or distributes child their victims. There have been some cases pornography actually perpetuates the sexual where seduction molesters have become sa- abuse or exploitation of the child portrayed. It distic molesters. It is not known whether the is no different than the circulation of sexually sadistic needs developed late or were always explicit pictures taken by a rapist of his victim there and surfaced for some reason. In any during the rape. Such collectors and distribu- case, it is fortunate that sadistic child molest- tors of child pornography are, in essence, child ers do not appear to be large in number. (See molesters. (See also “Appendix V: Sexual “Appendix II: References.”) Victimization of Children.” )

9 Table 1

Situational Child Molester

Regressed Morally Sexually Inadequate Indiscriminate Indiscriminate

Basic Poor User of Sexual Social Characteristics coping skills people experimentation misfit

Motivation Substitution Why not? Boredom Insecurity and curiosity

Victim Availability Vulnerability New and Non- Criteria and opportunity different threatening

Method of Coercion Lure, force, Involve in Exploits size, Operation or manipulation existing activity advantage

Pornography Possible Sadomasochistic; Highly likely; Likely Collection detective magazines varied nature

Table 2

Preferential Child Molester

Seduction Introverted Sadistic

Common 1. Sexual preference for children Characteristics 2. Collects child pornography or erotica

Motivation Identification Fear of Need to communication inflict pain

Victim Age and gender Strangers Age and gender Criteria preferences or very young preferences

Method of Seduction Non-verbal Lure or force Operation process sexual contact

10 3. Problem Areas

In applying any typology, the law enforce- dism, masochism), real or simulated death ment officer must recognize the difficulty of (necrophilia), and others. The Preferential attempting to put complex human behavior Child Molester is interested in sex with chil- into neat categories. There are few absolutes dren that might, in some cases, involve other in human behavior. The words “always” and sexual deviations. The morally or sexually “never” rarely apply. There will always be indiscriminate Situational Child Molester is exceptions and difficulties. One of the biggest interested in a variety of sexual deviations problems with any diagnostic or classification that might, in some cases, involve children. system is taking the time to carefully and There are cases in which pedophiles are also properly apply it. Because of lack of training psychopathic con artists, paranoid or high work loads, social workers, investiga- survivalists, or even serial killers. One par- tors, and prosecutors frequently do not take ticularly difficult offender to deal with is the the time to adequately evaluate offender pat- morally indiscriminate Preferential Child terns of behavior. Split second decisions and Molester. If an offender has a sexual prefer- stereotypes often determine how an alleged ence for children and at the same time has no perpetrator is classified. The law enforcement conscience, there is no limit on how he might typology described in the previous chapter sexually victimize children. Such an offender involves two broad categories of child molest- is likely to abduct or murder children. While ers (Situational and Preferential) and seven his preferential sexual interest in children af- subcategories of patterns of behavior. These fects his victim selection, however, most of his patterns of behavior are not necessarily mutu- behavior is determined by a stunning lack of ally exclusive. conscience. He is best viewed as a morally indiscriminate offender and should be inves- Combination Offenders tigated and interviewed as such. When an offender seems to fit into more than one A Preferential Child Molester (pedophile) pattern of behavior, it is best to choose the might have other psychosexual disorders, broadest or most comprehensive one. personality disorders, or psychoses or may be involved in other types of criminal activity. A Sex Rings pedophile’s sexual interest in children might be combined with other sexual deviations When investigating cases involving multiple (), which include indecent expo- offenders, such as daycare center abuses or sure (exhibitionism), obscene phone calls other kinds of sex rings, the investigator must (scatophilia), exploitation of animals (zoo- recognize that the subjects involved could philia), urination (urophilia), defecation include different kinds of molester types. The (coprophilia), binding (bondage), baby role staff at a daycare center where children are playing (infantilism), infliction of pain (sa- being molested might include a seduction

11 molester, morally indiscriminate molesters, Such individuals frequently look for or any other combination of the previously women who already have children who meet discussed types of molesters. A satanic or their age and gender preferences. Their mar- religious cult involved in sexually abusing riages usually last only as long as there are children might include morally indiscrimi- children in the victim preference range. In nate, sexually indiscriminate, inadequate, and today’s more liberal society, such an offender sadistic patterns of behavior. The behavior of frequently no longer marries the woman, but the individuals involved must be carefully simply moves in with her and her children. evaluated in order to develop appropriate On some occasions, they merely befriend the investigative and interview strategies. mother and do not even pretend romantic An important application of this typology interest in her but only express a desire to be a is the simple recognition that not all child “father figure” for her children and help with molesters are the same. Not all child molesters expenses. Another technique is to marry a are pedophiles. Not all child molesters are woman and adopt children or take in foster passive, nonaggressive people. Child molest- children. The last and least desirable strata- ers look like everyone else and are motivated gem he uses is to have his own children—the by a wide variety of influences. There is no least desirable method because it requires the single investigative or interview technique to offender to have sex with his wife and because deal with all of them. there are few guarantees that the baby will be of the preferred sex. Incest Cases In order to engage in sexual relations with his wife, the pedophile must create a fantasy. It has become commonly accepted that inces- To aid in this fantasy some pedophiles have tuous fathers are typically regressed child their wives dress, talk, or behave like children. molesters who molest only their own chil- After the birth of a baby of the preferred sex, dren, do not collect child pornography, and such pedophiles may terminate or greatly re- who are best dealt with in noncriminal treat- duce sexual relations with their wives. Of ment programs. This may be true some of the course, these facts are difficult for the police time, maybe even most of the time, but it is not investigator to learn. Most wives or even ex- true all of the time. There are cases in which wives would be embarrassed to admit these the incestuous father appears to be a seduction sexual problems. or introverted Preferential Child Molester (pe- Other incestuous fathers are morally in- dophile) who married simply to gain access to discriminate individuals whose sexual abuse children. In many cases, he has molested of children is only a small part of their children outside the marriage or children in problem. They are cunning, manipulative previous marriages. The possibility that an individuals who can convincingly deny the incestuous father might molest children out- allegations against them or, if the evidence is side the home or commit other sex offenses overwhelming, claim they need “help with seems to be beyond the comprehension of their problem.” Their personality disorder is many child abuse professionals. Even when more serious than even pedophilia and prob- they intellectually admit the possibility, their ably more difficult to treat. professional actions indicate otherwise.

12 Female Offenders that the author has defined preferential molesting from a male sexual behavior Where do female child molesters fit into this perspective. This is a new area that needs typology? The answer is unknown at this additional research and study. time. The author is not aware of a sufficient number of cases involving female offenders to Adolescent Offenders include them in this typology; however, it is thought that the sexual abuse of children by Another area that has recently received females is far more prevalent than most people increased attention involves adolescent believe. offenders. In past years, adolescent child Many people believe that sex between an molesters were usually dismissed with “boys older woman and an adolescent boy is not will be boys” or “he’s just going through a molestation but a “rite of passage.” Fur- stage.” Adolescent child molesters can fit into thermore, sexual activity between women either broad category and any of the patterns and young children is difficult to iden- of behavior described in this book. Frighten- tify. Females are the primary caretakers in ingly, though, many of the cases seen by the our society and can dress, bathe, change, author involving adolescent child molesters examine, and touch children with little suspi- seem to fit the morally indiscriminate pattern cion. of behavior. These adolescent offenders must Many of the recent cases involving sexual be carefully evaluated for proper intervention abuse in daycare centers involve female of- and treatment whenever possible. fenders. The apparent sexual activity in some In addition, adolescent (and even younger) of these cases may in fact be physical abuse sex offenders should always be viewed as directed at sexually significant body parts past or current victims of sexual abuse in the (e.g., genitals, nipples, etc.). There are many broadest sense. This might also include cases in which females actively participate in psychological sexual abuse, inappropriate ex- the sexual abuse of children with an adult posure to sexually explicit material, and the male accomplice. Sometimes the female as- repeated or inappropriate witnessing of adult sumes the role of “teaching” the child victim sexual activity. Recognizing and then in- about sexual activity. In other cases the female vestigating this victimization can lead to the appears to be motivated by more serious emo- identification of additional offenders and vic- tional and psychological problems. It is rare to tims. The sexual abuse of younger children by find a case, however, in which a female of- an older child should always be viewed as an fender fits the dynamics of the Preferential indication that the older child was sexually Child Molester. This may be due to the fact abused.

13 4. Identifying Pedophiles

Sexual exploitation is a term used to describe with an average of 1.8 partners. He also found the sexual victimization of children, involving that 23.3 percent of the 561 subjects offended child pornography, child sex rings, and child against both family and nonfamily targets. prostitution. While offenders utilizing the Although pedophiles vary greatly, their sexual services of a child prostitute may be either behavior is repetitive and highly predictable. Situational or Preferential Child Molesters, Knowledge of these sexual behavioral pat- those involved in child pornography and child terns or characteristics is extremely valuable sex rings are predominately Preferential Child to the law enforcement investigator. Molesters. And, although a variety of indi- These highly predictable and repetitive viduals sexually abuse children, Preferential behavior patterns make cases involving Child Molesters, or pedophiles, are the pri- Preferential Child Molesters far easier to in- mary sexual exploiters of children. (For the vestigate than those involving Situational purpose of our law enforcement typology, Child Molesters. If enough of these character- pedophile is used interchangeably with Prefer- istics can be identified through investigation, ential Child Molester.) many of the remaining ones can be assumed. An important step in investigating the dif- Most of these indicators mean little by ficult cases of child sexual victimization is to themselves. As they are identified and accu- recognize and identify, if present, the highly mulated through investigation, however, they predictable sexual behavior patterns of Pref- can constitute reason to believe a certain of- erential Child Molesters, or pedophiles. First, fender is a Preferential Child Molester. You it is essential that the law enforcement inves- do not have proof beyond a reasonable doubt, tigator attempt to determine if an offender is a but you may have probable cause. Situational or Preferential Child Molester. There are most likely more Situational than The Preferential Child Molester Preferential Child Molesters. Each Situational (Pedophile) Child Molester, however, is likely to abuse only a small number of children in a lifetime. The four major characteristics of the A Preferential Child Molester might molest Preferential Child Molester (pedophile) are ten, fifty, hundreds, or even a thousand chil- 1) long-term and persistent pattern of behav- dren in a lifetime, depending on the offender ior, 2) children as preferred sexual objects, 3) and how broadly or narrowly you define child well-developed techniques in obtaining molestation. In his study of 561 sex offend- victims, and 4) sexual fantasies focusing on ers, Dr. Gene Abel found pedophiles who children. These characteristics, together with targeted young boys outside the home com- the listed indicators, will assist the investiga- mitted the greatest number of crimes with an tor in identifying the Preferential Child average of 281.7 acts with an average of 150.2 Molester and collecting the evidence neces- partners. Molesters who targeted girls within sary to arrest and convict him. At the outset, it the family committed an average of 81.3 acts must be stated and emphasized that the indi-

15 cators alone mean little. Their significance this type of individual to be prema- and weight comes as they are accumulated turely separated from the military with and come to form a pattern of behavior. If no specific reason given or available. the investigator determines the existence of The military, like most organizations, enough of these indicators, there is probable was frequently interested in only get- cause to believe the individual is a Pref- ting rid of such individuals and not erential offender. In order to identify these necessarily in prosecuting them. For- indicators, the investigator must be willing to tunately, this attitude seems to be go beyond the typical background check of changing. date of birth and credit and criminal histories and learn everything legally possible. Indica- Frequent and unexpected moves When tors and counter-indicators must be identified they are identified, pedophiles are and evaluated. frequently “asked” to leave town by someone in authority, by the parent of 1. Long-Term and Persistent Pattern of one of the victims, or by an employer. Behavior This was, and still is, a common way to deal with the problem. The result is Sexual abuse in background Although that pedophiles frequently show a pat- most victims of child sexual abuse do tern of living in one place for several not become offenders, research indi- years with a good job and then sud- cates that many offenders are former denly and for no apparent reason victims. It is well worth the moving and changing jobs. Chances investigator’s time and effort to deter- are the investigator will find no official mine if a suspect had ever been the record of what happened. The pedo- victim of sexual abuse and what was phile will usually have an explanation the nature of the abuse (age it occurred, for the move, but it probably will not relationship with offender, acts per- reflect the true circumstances. This formed, etc.). moving pattern can sometimes be de- termined from examination of drivers Limited social contact as teenagers The license records. pedophile’s sexual preference for children usually begins in early ado- Prior arrests In some cases, pedophiles lescence. Therefore, during his teenage have previously been arrested for child years he may have exhibited little molestation or sexual abuse. Certainly, sexual interest in people his own age. such an arrest record is a major indica- But, as with several of these indicators, tor, particularly if the arrest goes back that fact alone means little. many years or is repeated. Investiga- tors must also be alert to the fact that Premature separation from military If an pedophiles may have arrest records for individual was dishonorably dis- actions that do not appear to involve charged for molesting children, there is sexual abuse. These might include im- not much doubt about the significance. personating a police officer, writing It was far more common, though, for bad checks, violating child labor laws,

16 or other violations that may indicate a dren, pedophiles usually have some need to check further. Any arrest of an degree of difficulty in performing adult in the company of a child not his sexually with adults. Therefore, they own should be evaluated with suspi- typically do not marry. Some cion. The investigator should attempt pedophiles, though, do enter into mar- to get copies of the reports concerning riage for specific reasons, and these the arrests in order to evaluate their will be discussed below. significance properly. Lives alone or with parents This indicator Multiple victims If investigation reveals is closely related to the above. Again, that an individual molested many dif- by itself, it has little meaning. The fact ferent victims, that is a very strong that a man lives alone does not mean he indicator that the offender is a pedo- is a pedophile. The fact that an indi- phile. More important, if other factors vidual who possesses many of the other indicate that the offender is a pedo- traits discussed here and also lives alone phile then a concerted effort should be might be significant. made to identify the multiple victims. If you know of only one victim, but Limited dating relationships if not married have reason to believe the offender is a A man who lives alone, has never been pedophile, then begin looking for the married, and does not date should other victims. For instance, if a teacher arouse suspicion if he possesses other who is a suspected pedophile molests characteristics discussed here. one child in his class, the chances are high that he has molested or attempted If married, “special” relationship with to molest other children in the class as spouse When they do marry, well as children in all the other classes pedophiles often marry either a strong, he has taught. This is also true of incest domineering woman or a weak, pas- offenders suspected of being Preferen- sive woman-child. In any case, they tial Child Molesters. will marry a woman who does not have high sexual expectations or needs. A Planned, repeated, or high-risk attempts woman married to a pedophile may Bold and repeated attempts to obtain not realize that her husband is a pe- children that have been carried out in a dophile but she does know he has a cunning and skillful manner is a strong “problem”—a sexual performance indication that the offender is a pedo- problem. Because she may blame her- phile. self for this problem and because of the private nature of people’s sex lives, 2. Children as Preferred Sexual Objects most wives will usually not reveal this information to an investigator. How- Over 25, single, never married By it- ever, a wife, ex-wife, or girlfriend self, this indicator means nothing. It should always be considered as a pos- has significance only when combined sible source of information concerning with several other indicators. Because the sexual preferences of an offender. they have a sexual preference for chil- Pedophiles sometimes marry for con-

17 venience or cover. Pedophiles age preference of the pedophile, the marrying to gain access to children more exclusive the gender preference. is discussed below. Pedophiles attracted to toddlers are more likely to molest boys and girls Excessive interest in children How much indiscriminately. A pedophile attracted interest is excessive? This is a difficult to teenagers is more likely to prefer question. The old adage “If it sounds either boys or girls exclusively. The too good to be true, maybe it is” may preferred age bracket for the child can apply here. If someone’s interest in also vary. One pedophile might prefer children seems too good to be true, boys 8 to 10, while another might prefer maybe it is. This is not proof that boys 6 to 12. A pedophile’s age pref- someone is a pedophile, but it is a rea- erence might not even correspond son to be suspicious. It becomes more exactly with the legal definitions of a significant when this excessive interest child or . For example, a pedo- is combined with other indicators dis- phile might prefer sexual partners 13 to cussed here. 19. How old a child looks and acts is more important than actual chronologi- Associates and circle of friends are young cal age. A 13-year-old child who looks In addition to sexual activity, and acts like a 10-year-old child could pedophiles frequently socialize with be a victim target for a molester children and get involved in youth ac- preferring 8 to 10 year olds. For the tivities. They may hang around introverted Preferential Child Molester, schoolyards, arcades, shopping cen- how old the child looks is more impor- ters—any place that children frequent. tant than how old the child acts. Their “friends” may be male, female, Puberty seems to be an important di- or both sexes, very young or teenagers, viding line for many pedophiles. This all depending on the age and gender is only an age and gender preference, preferences of the pedophile. not an exclusive limitation. Any indi- vidual expressing a strong desire to Limited peer relationships Because they care for or adopt only a child of a very cannot share the most important part of specific sex and age (other than an their life (their sexual interest in chil- infant) should be viewed with some dren) with most adults, pedophiles may suspicion. have a limited number of close adult friends. Only other pedophiles will Refers to children as “clean,” “pure,” validate their sexual behavior. If a “innocent,” “impish,” etc., or as objects suspected pedophile has a close adult Pedophiles sometimes have an ideal- friend, the possibility that the friend is istic view of children that is expressed also a pedophile must be considered. in their language and writing. Others sometimes refer to children as if they Age and gender preference Most were objects, projects, or possessions. pedophiles prefer children of a certain “This kid has low mileage” and “I’ve sex in a certain age range. The older the been working on this project for six months” are typical comments.

18 3. Well-Developed Techniques in Ob- police officer). The pedophile may taining Victims also become a scout leader, Big Brother, foster parent, Little League coach, and Skilled at identifying vulnerable victims so on. The pedophile may operate a Some pedophiles can watch a group of business that hires adolescents. In one children for a brief period of time and case known to the author, a pedophile then select a potential target. More married, had a daughter, and he mo- often than not, the selected child turns lested her. He was the “nice guy” in the out to be from a broken home or the neighborhood who had the neighbor- victim of emotional or physical neglect. hood girls over to his house for parties, This skill is developed through prac- at which he molested them. He was a tice and experience. coach for a girl’s softball team, and he molested the players. He was a dentist Identifies with children (better than with who specialized in child patients, and adults) Pedophiles usually have the he molested them. ability to identify with children better than they do with adults—a trait that Activities with children, often excluding makes most pedophiles master seduc- other adults The pedophile is always ers of children. They especially know trying to get children into situations how to listen to children. Many where there are no other adults present. pedophiles are described as “pied pip- On a scout hike he might suggest the ers” who attract children. fathers go into town for a beer. He will “sacrifice” and stay behind with the Access to children This is one of the most boys. important indicators of a pedophile. The pedophile will surely have a Seduces with attention, affection, and gifts method of gaining access to children. This is the most common technique Other than simply hanging around used by pedophiles. They literally se- places children congregate, pedophiles duce the children by befriending them, sometimes marry or befriend women talking to them, listening to them, pay- simply to gain access to their children. ing attention to them, spending time Pedophiles are frequently the “nice with them, and buying gifts for them. If guys” in the neighborhood who like to you understand the courtship pro- entertain the children after school or cess, it should not be difficult to take them on day or weekend trips. understand why some child victims Also, a pedophile may seek employ- develop positive feelings for the of- ment where he will be in contact with fender. Many people can understand children (teacher, camp counselor, why an incest victim might not report babysitter, school bus driver) or where his or her father, but they cannot under- he can eventually specialize in dealing stand why a victim not related to the with children (physician, dentist, min- offender does not immediately report ister, photographer, social worker, molestation. There are many reasons

19 for a victim not immediately reporting Shows sexually explicit material to chil- molestation (fear, blackmail, embarrass- dren Any adult who shows sexually ment, confusion), but the results of the explicit material to children of any age seduction process are often ignored or should be viewed with suspicion. This not understood at all. is generally part of the seduction pro- cess in order to lower inhibitions. A Skilled at manipulating children In order pedophile might also encourage or to operate a child sex ring involving allow children to call a dial-a-porn ser- simultaneous sexual relations with vice or send them sexually explicit multiple victims, a pedophile must material via a computer as part of this know how to manipulate children. The process. pedophile uses seduction techniques, competition, peer pressure, child and 4. Sexual Fantasies Focusing on Chil- group , motivation tech- dren niques, threats, and blackmail. The pedophile must continuously recruit Youth-oriented decorations in house or room children into and move children out of Pedophiles attracted to teenage boys the ring without his activity being might have their homes decorated the disclosed. Part of the manipulation pro- way a teenage boy would. This might cess is lowering the inhibitions of the include toys, games, stereos, rock post- children. A skilled pedophile who can ers, and so on. The homes of some get children into a situation where they pedophiles have been described as must change clothing or stay with him shrines to children or as miniature overnight will almost always succeed amusement parks. in seducing them. Not all pedophiles possess these skills. The introverted Photographing of children This includes Preferential Child Molester is an ex- photographing children fully dressed. ample of a pedophile who typically One pedophile bragged that he went to lacks these abilities. rock concerts with thirty or forty rolls of film in order to photograph young Has hobbies and interests appealing to boys. After developing the pictures, he children This is another indicator that fantasized about having sex with them. must be considered for evaluation only Such a pedophile might frequent play- in connection with other indicators. grounds, youth athletic contests, child Pedophiles might collect toys or dolls, beauty pageants, or child exercise build model planes or boats, or per- classes with his camera. form as clowns or magicians to attract children. A pedophile interested in Collecting child pornography or child older children might have a “hobby” erotica This is one of the most involving alcohol, drugs, or pornogra- significant characteristics of phy. pedophiles, discussed in detail on pages 23-35.

20 If, after evaluating these indicators, the phy or erotica, which is invaluable as evi- law enforcement investigator has reason to dence. There is a certain urgency in this suspect that a particular subject or suspect is a because the more interviews conducted to Preferential Child Molester, the investigator obtain the needed probable cause for a search should utilize the three most important pedo- warrant, the greater the chance the pedophile phile indicators to his or her investigative will learn of the investigation and move or advantage. These three indicators are access hide his collection. Child pornography, espe- to children, multiple victims, and collection of cially that produced by the offender, is one of child pornography or erotica. the most valuable pieces of evidence of child The investigator must attempt to identify sexual abuse that any investigator can have. additional victims to strengthen the case The effects on a jury of viewing seized child against the offender. The more victims iden- pornography is devastating to the defendant’s tified, the less likely that any of them will have case. The investigator must also attempt to to testify in court. But, even more important, develop a good interview strategy based on as soon as legally possible the investigator must knowledge of the preferential offender’s need obtain a warrant to search for child pornogra- to rationalize and justify his behavior.

21 5. Collection of Child Pornography and Erotica

Law enforcement investigations have verified tion of the Situational Child Molester. In the that pedophiles almost always collect child child pornography collected by Situational pornography or child erotica. Collection is the Child Molesters, the children might be dressed key word here. It does not mean that up (stockings, high heels, makeup) to look like pedophiles merely view pornography: They adults. The morally indiscriminate child mo- save it. It comes to represent their most cher- lester might collect pornography or erotica of ished sexual fantasies. They typically collect a predominately sadomasochistic theme but books, magazines, articles, newspapers, pho- probably will not save the same material year tographs, negatives, slides, movies, albums, after year. The sexually indiscriminate indi- drawings, audiotapes, videotapes and equip- vidual is most likely to have an extensive ment, personal letters, diaries, clothing, sexual collection; however, the vast majority of it will aids, souvenirs, toys, games, lists, paintings, not be child oriented. His material might ledgers, photographic equipment, etc.—all display a wide variety of sexual activity and relating to children in a sexual, scientific, or perversions, with child pornography being social way. Not all pedophiles collect all these only one small portion. The law enforcement items; their collections vary in size and scope. investigator should always consider the pos- Factors that seem to influence the size of a sibility that any child molester might collect pedophile’s collection include 1) socioeco- child pornography or erotica; however, it is nomic status, 2) living arrangements, and 3) almost a certainty with the Preferential type. age. Better educated and more affluent Because true child pornography is not easy to pedophiles tend to have larger collections. obtain, some pedophiles have only child erotica Pedophiles whose living or working arrange- in their collections. Because it represents his ments give them a high degree of privacy tend sexual fantasies (age and gender preferences, to have larger collections. Because collections desired sexual acts), the collection of any child are accumulated over a period of time, older molester should be carefully examined and pedophiles tend to have larger collections. evaluated. Pedophiles with the economic means are con- Previous research conducted with Carol verting more and more to videotape systems. R. Hartman and Ann W. Burgess identified They are even converting their books, maga- four kinds of collectors: 1) “closet,” 2) “iso- zines, photographs, and movies to videotape. lated,” 3) “cottage,” and 4) “commercial.” The For less than $1,000, a pedophile can have his “closet collector” keeps his collection a secret own video camera and two video recorders, and is not actively involved in molesting which give him the capability to produce and children. Materials are usually purchased duplicate child pornography and erotica with discreetly through commercial channels. The little fear of discovery. “isolated collector” is actively molesting chil- Situational Child Molesters might also col- dren as well as collecting child pornography lect pornography but not with the high degree or erotica. Fear of discovery overrides his of predictability of the Preferential Child Mo- need for active validation and causes him to lester. In addition, child pornography will keep his activity a secret between only himself comprise a small percentage of the total collec- and his victims. His collection may include

23 pictures of his victims taken by him as well as Child pornography can be divided into material from other sources. The “cottage two subcategories: commercial and home- collector” shares his collection and sexual ac- made. Commercial child pornography is that tivity with other individuals. This is usually which is produced and intended for commer- done primarily to validate his behavior, and cial sale. Because of strict federal and state money or profit is not a significant factor. laws today, there is no place in the United Photographs, videotapes, and “war stories” States where commercial pornography is are swapped and traded with other child mo- knowingly openly sold. In the United States it lesters (and sometimes, unknowingly, with is primarily a cottage industry run by undercover investigators). The “commercial pedophiles and child molesters. The commer- collector” recognizes the monetary value of cial child pornography still being distributed his collection and sells his duplicates to other in the United States is smuggled in from for- collectors. Although profit is an important eign countries—primarily by pedophiles. The motive, these individuals are usually active risks are usually too high for the strictly com- sexual molesters themselves. mercial dealer. Because of their sexual and With the exception of technical child por- personal interests, however, pedophiles are nography (see discussion below), the primary more willing to take those risks. Their motive producers, distributors, and consumers of child goes beyond just profit. Commercial child pornography in the United States are child pornography is still assembled and is much molesters, pedophiles, and sexual deviants. more readily available in foreign countries. Child pornography is not a multi-billion dol- United States citizens, however, seem to be lar industry run by organized crime or satanic the main customers for this material. Some cults. offenders collect their commercial child pornography in ways (e.g., photographs of Child Pornography pictures in magazines, pictures cut up and mounted in photo albums, names and de- What the pedophile collects can be divided scriptive information written below, into two categories: child pornography and homemade labels on commercial videotapes) child erotica. Child pornography can be that make it appear to be homemade child behaviorally (not legally) defined as the pornography. If necessary highly experienced sexually explicit reproduction of a child’s investigators and forensic laboratories could image—including sexually explicit photo- be of assistance in making distinctions be- graphs, negatives, slides, magazines, movies, tween homemade and commercially produced videotapes, and computer disks. In essence, it child pornography. is the permanent record of the sexual abuse or Contrary to what its name implies, the exploitation of an actual child. In order to be quality of homemade child pornography can legally child pornography, it must be a visual be as good if not better than the quality of any depiction (not the written word), of a minor (as commercial pornography. The pedophile has defined by statute), which is sexually explicit a personal interest in the product. Homemade (not necessarily obscene, unless required by simply means it was not originally produced state law). Child pornography, by itself, rep- primarily for commercial sale. Although com- resents an act of sexual abuse or exploitation mercial child pornography is not openly sold of a child and, by itself, does harm to that anywhere in this country, homemade child child. pornography is continually produced,

24 swapped, and traded in almost every commu- tection Act of 1984 defines a child as anyone nity in America. Although rarely found in under the age of 18. Therefore, a sexually “adult” bookstores, child pornography is fre- explicit photograph of a 15-, 16-, or 17-year- quently found in the homes and offices of old girl or boy is technical child pornography. doctors, lawyers, teachers, ministers, and other Technical child pornography does not look apparent pillars of the community. There is, like child pornography, but it is. The produc- however, a connection between commercial tion, distribution, and, in some cases, the and homemade child pornography. Some- possession of this child pornography could times homemade child pornography is sold or and should be investigated under appropri- winds up in commercial child pornography ate child pornography statutes. Technical magazines, movies, or videos. The same pic- child pornography is an exception to much of tures are reproduced and circulated again and what we say about child pornography. It often again. With rapidly increasing frequency, is produced, distributed, and consumed by more and more of both commercial and home- individuals who are not child molesters or made child pornography is in the videotape pedophiles; it is openly sold around the United format. This actually increases the odds of States; and it more often portrays females than finding child pornography in any investiga- males. Because it looks like adult pornogra- tion. phy, it is more like adult pornography. It is important for the law enforcement On the other hand, sexually explicit photo- investigator to realize that most of the children graphs of 18-year-old or older males or in prepubescent child pornography were not females are not legally child pornography. abducted into sexual slavery. They were se- But if the person portrayed in such material is duced into posing for these pictures or videos young looking, dressed youthfully, or made by a pedophile they probably know. They up to look young, the material could be of were never missing children. The children in interest to pedophiles. This is simulated child child pornography are frequently smiling or pornography. Simulated child pornography have neutral expressions on their faces be- looks like child pornography, but it is not. It cause they have been seduced into the activity is designed to appeal to the pedophile but it is after having had their inhibitions lowered by not legally child pornography because the clever offenders. In some cases their own individuals portrayed are over 18. This il- parents took the pictures or made them avail- lustrates the importance and sometimes the able for others to take the pictures. Children in difficulty in proving the age of the child in the pubescent or technical child pornography, photographs or videotapes. Particularly diffi- however, are more likely to be missing chil- cult is pornography portraying underage dren—especially runaways or thrownaways children pretending to be overage models being exploited by morally indiscriminate pretending to be underage children. pimps or profiteers. In contrast to adult Unlike child erotica, child pornography pornography, but consistent with the gender requires a child to be victimized. A child had preference of most preferential child molest- to be sexually exploited to produce the ers, there are more boys than girls in child material. Children used in pornography are pornography. desensitized and conditioned to respond as In understanding the nature of child por- sexual objects. They are frequently ashamed nography, the law enforcement officer must of their portrayal in such material. They must recognize the distinction between technical and deal with the permanency, longevity, and cir- simulated child pornography. The Child Pro- culation of such a record of their sexual abuse.

25 Some types of sexual activity can be repressed Incest Detective magazines and hidden from public knowledge; child “Men’s” magazines victims can imagine that some day the activity Missing children Nudism Investigative techniques Erotic novels will be over and they can make a fresh start. Legal aspects Catalogs Many children, especially adolescent boys, Access to children Brochures vehemently deny their involvement with a pedophile. But there is no denying or hiding Listing of foreign sex tours, guides to nude from a sexually explicit photograph or video- beaches, and material on sponsoring orphans tape. The child in a photograph or videotape or needy children provide them with infor- is young forever and the material can be used mation about access to children. Detective over and over again for years. Some children magazines saved by pedophiles usually con- have even committed crimes in attempts to tain stories about crimes against children. The retrieve or destroy the permanent records of “men’s” magazines collected may have ar- their molestation. ticles about sexual abuse of children. The use of adult pornography to lower inhibitions is Child Erotica (Pedophile Paraphernalia) discussed elsewhere in this book. Although the possession of information on missing Child erotica is a broader and more encompass- children should be carefully investigated to ing term than child pornography. It can be determine possible involvement in abduc- defined as any material, relating to children, tion, most pedophiles collect this material to that serves a sexual purpose for a given indi- help rationalize their behavior as child “lov- vidual. Some of the more common types of ers,” not abductors. Personal ads include child erotica include toys, games, drawings, those in “swinger” magazines, video maga- fantasy writings, diaries, souvenirs, sexual zines, and newspapers, and may mention aids, manuals, letters, books about children, “family fun,” “family activity,” “European psychological books on pedophilia, and ordi- material,” “youth training,” “unusual and bi- nary photographs of children. Child erotica zarre,” “better life,” and so on. Erotic novels might also be referred to as pedophile parapher- may contain stories about sex with children nalia. Generally, possession and distribution but without sexually explicit photographs. of these items does not constitute a violation of They may contain sketches or drawings. Ma- the law. terials concerning current or proposed laws For investigative purposes, child erotica dealing with sex abuse; arrested, convicted or can be divided into the categories below. acquitted child molesters; or investigative tech- niques used by law enforcement are common. Published Material Relating to Children Examples of this include books, magazines, Unpublished Material Relating to Chil- articles, or videotapes dealing with any of the dren Examples include items such as areas noted below. Personal letters Telephone and address books Child development Sexual disorders Audiotapes Pedophile manuals Sex education Pedophilia Diaries Newsletters and bulletins Child photography Man-boy love Fantasy writings Directories Sexual abuse of children Personal ads Manuscripts Adult pornography Financial records

26 Directories usually contain information on Jewelry and personal items where to locate children. Newsletters and bul- Audiotapes letins are distributed by pedophile support Letters and notes Charts and records groups, such as the North American Man-Boy Love Association (NAMBLA), the Lewis Photographs collected by pedophiles are Carroll Collector’s Guild, and any other simi- often labeled or marked. Charts and records lar group. Manuscripts are writings of the might include astrology or biorhythm charts. pedophile in formats suitable for real or imag- Audiotapes, letters, and notes collected for ined publication. Ledgers and financial souvenir purposes are usually from past child records might include canceled checks used to victims and discuss what the two did together pay victims or purchase pornography or and how much the victims like the offender. erotica. Personal items could even include victims’ fingernails, hair, or underwear. Pictures, Photographs, and Videotapes of Children Examples include children found Miscellaneous This category can include items in used in courting children.

Photography, art, or sex education books Computers and peripheral equipment Photography albums and displays Sexual aids Candid shots Toys, games, and dolls Photocopies of photographs or pictures Costumes Drawings and tracings Child- or youth-oriented decorations Poster and paintings Video and photography equipment Advertisements Children’s television programs or videos Alcohol and drugs Cut-and-paste pictures Digitally encoded images on computer or Costumes include those worn by the of- CD-ROM disks fender and by the children.

Cut-and-paste involves creating new pic- Motivation for Collection tures by cutting and pasting parts of old ones. Seized videotapes should always be viewed It is difficult to know with certainty why or scanned in their entirety because a variety pedophiles collect child pornography and of material, including hard-core child pornog- erotica. There may be as many reasons as there raphy, could be on any one tape. Some are pedophiles. Collecting this material may pedophiles cut out pictures of children from help pedophiles satisfy, deal with, or re- magazines and put them in albums as if they inforce their compulsive, persistent sexual were photographs. Visual images of children fantasies about children. Some child erotica is can be on computer and CD-ROM disks (which collected as a substitute for preferred but un- resemble audio CDs). available child pornography. Collecting may also fulfill needs for Souvenirs and Trophies Examples may validation. Many pedophiles collect academic include the mementos of children listed be- and scientific books and articles on the nature low. of pedophilia in an effort to understand and justify their own behavior. For the same rea- Photographs son, pedophiles often collect and distribute Articles of clothing 27 articles and manuals written by pedophiles in The need to validate their behavior and which they attempt to justify and rationalize have souvenirs of their relationships are the their behavior. In this material pedophiles motivations most overlooked by investigators share techniques for finding and seducing when evaluating the significance of the por- children and avoiding or dealing with the nography and erotica collections of pedophiles. criminal justice system. Pedophiles get pas- sive validation from the books and articles Use of Collection they read and collect. Pedophiles swap pornographic photo- Although the reasons why pedophiles collect graphs the way boys swap baseball cards. As child pornography and erotica are conjecture, they add to their collections, they get strong we can be more certain as to how this material reinforcement from each other for their behav- is used. Study and police investigations have ior. The collecting and trading process identified certain criminal uses of the mate- becomes a common bond. Pedophiles get rial. active validation from other pedophiles, some Child pornography and child erotica are victims, and occasionally from undercover used for the sexual arousal and gratification of law enforcement officers operating “sting” pedophiles. They use child pornography the operations. Fear of discovery or identification same way other people use adult pornogra- causes some pedophiles to settle only for phy—to feed sexual fantasies. Some passive validation. pedophiles only collect and fantasize about The need for validation may also partially the material without acting out the fantasies, explain why some pedophiles compulsively but in most cases the arousal and fantasy and systematically save the collected material. fueled by the pornography is only a prelude to It is almost as though each communication actual sexual activity with children. and photograph is evidence of the value and A second use of child pornography and legitimacy of their behavior. For example, erotica is to lower children’s inhibitions. A one pedophile sends another pedophile a let- child who is reluctant to engage in sexual ter, enclosing photographs and describing his activity with an adult or to pose for sexually sexual activities with children. At the letter’s explicit photos can sometimes be convinced conclusion he asks the receiver to destroy the by viewing other children having “fun” par- letter because it could be damaging evidence ticipating in the activity. Peer pressure can against him. Six months later police find the have a tremendous effect on children; if other letter—carefully filed as part of the pedophile’s children are involved, the child might be led organized collection. to believe that the activity is acceptable. When Some of the child pornography and erotica the pornography is used to lower inhibitions, collected by pedophiles is saved as a souvenir the children portrayed will usually appear to or trophy of the relationships with children. be having a good time. All child victims will grow up and become Books on human sexuality, sex education, sexually unattractive to the pedophile. In a and sex manuals are also used to lower inhibi- photograph, however, a 9-year-old child stays tions. Children accept what they see in books, young forever. This is one reason why many and many pedophiles have used sex educa- pedophiles date and label their pictures and tion books to prove to children that such sexual videotapes of children. behavior is acceptable. Adult pornography is also used, particularly with adolescent boy victims, to arouse them or to lower inhibi- tions. 28 A third major use of child pornography Characteristics of Collection collections is blackmail. If a pedophile al- ready has a relationship with a child, seducing Important The pedophile’s collection is usu- the child into sexual activity is only part of the ally one of the most important things in his plan. The pedophile must also ensure that the life. He is willing to spend considerable time child keep the secret. Children are most afraid and money on it. Most pedophiles make no of pictures being shown to their friends. profit from their collections. After release Pedophiles use many techniques to blackmail; from prison, many pedophiles attempt to get one of them is through photographs taken of their collections back from the police. The the child. If the child threatens to tell his or her new state and federal laws banning its mere parents or the authorities, the existence of possession will most likely prevent the return sexually explicit photographs can be an effec- of the child pornography. But unless denial is tive silencer. made a condition of treatment, probation, or A fourth use of child pornography and parole, the child erotica may have to be re- erotica is as a medium of exchange. Some turned. pedophiles exchange photographs of children for access to or phone numbers of other chil- Constant No matter how much the pedophile dren. The quality and theme of the material has, he never has enough; and he rarely throws determine its value as an exchange medium. anything away. If police have evidence that a Rather than paying cash for access to a child, pedophile had a collection five or ten years the pedophile may exchange a small part (usu- ago, chances are he still has the collection ally duplicates) of his collection. The younger now—only it is larger. This is a very signifi- the child and the more bizarre the acts, the cant characteristic to consider when greater the value of the pornography. evaluating the staleness of information used A fifth use of the collected material is profit. to obtain a search warrant. Some people involved in the sale and distri- bution of child pornography are not Organized The pedophile usually maintains pedophiles; they are profiteers. In contrast, detailed, neat, orderly records. There are most pedophiles seem to collect child erotica exceptions, but the collections of most and pornography for reasons other than profit. pedophiles are carefully organized and main- Some pedophiles may begin nonprofit trad- tained. As will be discussed, some pedophiles ing, which they pursue until they accumulate now use computers for this purpose. certain amounts or types of photographs, which are then sold to commercial dealers for Permanent The pedophile will try to find a reproduction in commercial child por- way to keep his collection. He might move, nography magazines. Others combine their hide, or give his collection to another pedo- pedophilic interests with their profit motive. phile if he believes the police are investigating Some collectors even have their own photo- him. Although he might, he is not likely to graphic reproduction equipment. Thus, the destroy the collection: It is his life’s work. In photograph of a child taken with or without some cases he might even prefer that the po- parental knowledge by a neighborhood pe- lice seize it and keep it intact in an evidence dophile in any American community can wind room where he might retrieve at least some of up in a commercial child pornography maga- it when released from prison. One offender is zine with worldwide distribution. known to have willed his collection to a fellow

29 pedophile. Another offender knowing he Use of Computers There is a modern inven- would never get his child pornography back, tion that is of invaluable assistance to the still went to the prosecutor’s office to put his pedophile: the computer. It could be a large magazines in covers and dividers so it would computer system at his place of business or a not be damaged. small personal computer at his home. It is simply a matter of modern technology catch- Concealed Because of the hidden or illegal ing up with long-known personality traits. nature of the pedophile’s activity, he is con- The computer helps fill their need for organi- cerned about the security of his collection. But zation, validation, souvenir records, and to this must always be weighed against his ac- find victims. cess to the collection. It does him no good if he Law enforcement investigation has deter- cannot get to it. mined that pedophiles use computers to Where pedophiles hide their collections organize their collections and correspondence. often depends on their living arrangements. If Many pedophiles seem to be compulsive living alone or with someone aware of his record keepers. A computer makes it much preference for children, the collection will be easier to store and retrieve names and less well concealed. It might be in a trunk, box, addresses of victims and other pedophiles. cabinet, bookcase, or out in the open. The Innumerable characteristics of victims and child pornography might be better hidden sexual acts can be easily recorded and ana- than the erotica. If living with family mem- lyzed. An extensive pornography collection bers or others not aware of his activity, it will can be cataloged by subject matter. Even fan- be better concealed. The collection might be tasy writings and other narrative descriptions found behind a false panel, in the duct work, can be stored and retrieved for future use. under insulation, and so on. The collection is Many pedophiles communicate with other usually in the pedophile’s home, but it could pedophiles. Now, instead of putting a stamp be in an automobile or a camper, at his place of on a letter or package, they can use their business, in a safety deposit box, or in a rented computer to exchange information. Pedophiles storage locker. The most difficult location to can use their computers to locate individuals find is a secret place in a remote rural area. with similar interests. The computer may The investigator should search any area that is enable them to obtain active validation with under the control of the offender. less risk of identification or discovery. Like advertisements in “swinger magazines,” elec- Shared The pedophile frequently has a need tronic bulletin boards are used to identify or desire to show and tell others about his individuals of mutual interest concerning age, collection. He is seeking validation for all his gender, and sexual preference. For instance, efforts. The investigator can use this need to in the December 1983 issue of the North Ameri- his advantage by showing interest in the col- can Man-Boy Love Association (NAMBLA) lection during any interview of a pedophile. bulletin, a member from Michigan proposed The offender might appreciate the opportu- that NAMBLA establish its own electronic nity to brag about how much time, effort, and bulletin board. The pedophile may use an skill went into his collection. electronic bulletin board to which he has au-

30 thorized access, or he may illegally enter a Police must be alert to the fact that any system. The pedophile can also set up his own pedophile with the intelligence, economic or participate in other surreptitious or under- means, or employment access might be using ground bulletin boards. a computer in any or all of the above ways. As The pedophile can also use the computer computers become less expensive, more so- to troll for and communicate with potential phisticated, and easier to operate the potential victims with minimal risk of being identified. for abuse will grow rapidly. If the risks of Adolescent boys who spend many hours trafficking in child pornography do not “hacking” on their computers are at particu- remain high, the pure profiteers may even larly high risk of such contacts. The child can return. be indirectly “victimized” through the transfer of sexually explicit information and The Role of Law Enforcement material or the child can be evaluated for future face-to-face contact and direct victim- Police should not expect to find child pornog- ization. raphy or erotica in all or even most child Pedophiles who have turned their child sexual abuse cases. It can be found in pornography into a profit-making business intrafamilial cases. It is most often found in use computers the same way any business cases involving Preferential Child Molesters uses them. Lists of customers, dollar amounts (pedophiles) and Sexually Indiscriminate Situ- of transactions, descriptions of inventory, and ational Child Molesters. Investigators can so on, can all be recorded on the computer. always attempt to get a warrant to search The pedophile can now use a computer to based on reliable case specific information transfer, manipulate, and even create child that a particular suspect possesses child pornography. This is a small problem that pornography or other evidence of criminal will soon be a big problem. Computer soft- behavior. Probable cause to believe that a ware and hardware is being developed so suspect is a preferential type offender can be rapidly that the potential of this problem is used to supplement and strengthen such case almost unlimited. The ability to manipulate specific information to further justify a search digital visual images may make it difficult to for child pornography or to justify the expan- believe your eyes when viewing child por- sion of the scope of a search to include child nography. Recent television commercials erotica. In order to do this, however, the show Elton John singing with a visual image affidavit for the search warrant must set forth of Louis Armstrong and Paula Abdul dancing the probable cause to believe that the suspect with a visual image of Gene Kelly. Soon is a Preferential Child Molester or offender visual images of computer generated “chil- (not just a child molester) and set forth expert dren” engaging in sexually explicit conduct opinions concerning traits and characteristics may call into question the basis for highly of such offenders. In addition, it is the author’s restrictive (i.e., possession, advertising, etc.) opinion that probable cause to believe that an child pornography laws. It would be hard to individual is a Preferential Child Molester argue that child pornography is the perma- constitutes probable cause to believe he has a nent record of the abuse or exploitation of an child pornography/erotica collection. actual child, if no real child is involved. Only obscenity laws may apply to such material.

31 During any investigation of child sexual suitcase full of little girl’s underwear prob- abuse, the possible presence of child pornog- ably is suspicious. Possession of a few books raphy and erotica must be explored. For law about child development or sex education on enforcement officers, the existence and dis- a bookshelf probably has no significance. covery of a child erotica or child pornography Possession of dozens of such books together in collection can be of invaluable assistance to a box probably is significant. the investigation of any child sexual abuse Most people have photographs of children case. Obviously, child pornography itself is somewhere in their homes, and many people usually evidence of criminal violations. The also possess photographs of naked children. ledgers, diaries, letters, books, and souvenirs Under most state statutes and the current fed- that are often part of a child erotica collection, eral law, pictures of children portraying simple however, can also be used as supportive evi- nudity are not generally considered sexually dence to prove intent and for additional lead explicit or obscene. The federal law requires information. Names, addresses, and pictures at least “lascivious exhibition of the genitals or of additional victims; dates and descriptions pubic area” to be considered sexually explicit of sexual activity; names, addresses, phone and therefore to constitute child pornogra- numbers, and admissions of accomplices and phy. How then can an investigator evaluate other pedophiles; and descriptions of sexual the possible significance of nude and fantasies, background information, and ad- nonsexually explicit photographs of children missions of the subject are frequently part of a found during a search in the possession of a child erotica collection. suspected offender? Child erotica must be viewed in the con- Some visual depictions of children are text in which it is found. Although many clearly always child pornography. The con- people might have some similar items in their duct portrayed is so sexually explicit that the home, it is only the pedophile who collects visual depiction stands on its own. This might such material for sexual purposes as part of his include a photograph of a man inserting his seduction of and fantasies about children. erect penis in a young girl’s vagina. Some Many people have a mail-order catalog in visual depictions of children are never child their home, but only a pedophile has albums pornography. The activity portrayed does not full of children’s underwear ads he clipped meet the legal threshold of being sexually and saved from past catalogs. explicit conduct no matter how the offender Child erotica must also be evaluated in the used the material. This might include hun- context in which it is found. The law enforce- dreds of underwear ads from store catalogs ment investigator must use good judgment that an offender collected for sexual arousal. and common sense. Possession of an album Such material might, however, constitute child filled with pictures of the suspect’s own fully erotica and be of evidentiary value. dressed children probably has no significance. A major problem today is that some visual Possession of fifteen albums filled with pic- depictions of children may or may not be child tures of fully dressed children unrelated to the pornography depending on the totality of facts. suspect probably has significance. Possession Looking only at the visual depiction of the of his own children’s underwear in their child does not resolve the issue. What is the dresser probably is normal. Possession of a difference between simple nudity or art and

32 what the law describes as lewd or lascivious How They Are Produced Because photo- exhibition of the genitals or pubic area? In a graphs are well taken and have artistic value series of appellate decisions including U.S. v. or merit does not preclude the possibility that Dost, 636 F. Supp. 828 (S.D. CAL. 1986) aff’d sub they are sexually explicit. Because someone is nom.; U.S. v. Wiegand, 812 F. 2d 1239 (9th Cir.), a professional photographer or artist does not cert. denied, 484 U.S. 856 (1987); U.S. v. Arvin, preclude the possibility that he has a sexual 900 F. 2d 1385 (9th Cir. 1990) cert. denied, 111 interest in children. The lascivious exhibition S.Ct. 672 (1991); and U.S. v. Cross, 928 F. 2d of the genital or pubic area is characteristic of 1030 (11th Cir. 1990) cert. denied , 112 S.Ct. 594 the photographer or collector, not the child, to (1991), and 112 S.Ct. 941 (1992) the courts have satisfy his voyeuristic needs and sexual inter- attempted to provide some guidelines. Any est. investigator or prosecutor dealing with child Pedophiles are more likely to use trickery, pornography should carefully read these and bribery, or seduction to take their photographs other decisions. of children. They sometimes photograph chil- It is the author’s opinion that the essence of dren under false pretenses, such as leading these decisions is that the material in question them or their parents to believe that modeling must be evaluated in context on a case-by-case or acting jobs might result. Some offenders basis. When the totality of facts are known, the even hide and surreptitiously photograph author has never seen a case where there was children. One pedophile hid above the ceiling any doubt whether a visual depiction of a of a boys’ locker room and photographed boys child was simple nudity (i.e., innocent family through a moved ceiling tile. Many pedophiles photographs, work of art, medical research, even collect photographs of children who are etc.) or lascivious exhibition of the genitals. complete strangers to them. They take these Those claiming there is a doubt are often pictures at swimming meets, wrestling attempting to cover up sexual exploitation of matches, child beauty pageants, parks, pa- children by creating a smokescreen to confuse rades, rock concerts, and other events open to the issue. The author knows of no investigator the public. These photographs are usually of or prosecutor in the United States with so little children of a certain age and gender. work that they would use child pornography Pedophiles are also more likely to take laws to try and convict normal parents who and possess photographs that focus on certain simply have photographs of their nude, young parts of a child’s anatomy of particular sexual children or true professionals who utilize this interest to a certain offender. In some photo- material in a professional way. graphs the children may be involved in strange The real dilemma is that on one hand the or bizarre behavior, such as pretending to be courts rule that borderline material should be dead or simulating unusual sex acts. In one evaluated in context and on the other hand case, a pedophile photographed young boys judges rule the context material is inadmiss- with painted bondage-like markings on their able because the prejudicial value outweighs bodies. If commercially produced, the way the probative value. the photographs were advertised is important The following criteria are offered for the in evaluating their significance. evaluation of such photographs. As used Investigators should make every effort to here, the term photograph includes any visual determine the circumstances under which re- depiction (negatives, prints, slides, movies, covered photographs were taken in order to videotapes, computer images). evaluate their investigative significance as

33 child erotica. Any photograph that can be Investigators should carefully document linked to abuse or exploitation has a greater the context in which such recovered photo- chance of being found sexually explicit by the graphs were maintained by the offender. courts. The sequence in which the photographs Prosecutors must ensure that jurors under- were taken, which can sometimes be deter- stand that the pedophile’s collection of mined from the negatives, can be an important photographs of naked children is not an ordi- part of the evaluation. Recovered videotapes nary one. must be listened to as well as observed to evaluate their significance. How They Were Used Pedophiles often use these photographs to help seduce and lower How They Were Saved Volume is a signifi- the inhibitions of children. Pictures of naked cant factor here.Pedophiles are more likely to children could be used to convince children to have large numbers of photographs of chil- remove their clothing. Investigators should dren. One pedophile had 27 large photo attempt to determine how the offender used albums filled with pictures of children par- such material in his interaction with children. tially or fully dressed. They are more likely to In addition, investigators should attempt to have their photographs carefully organized determine if the offender sold or traded this and cataloged and mounted in binders or material. albums. These may be photographs they cut Few police officers would ignore or fail to out of magazines, catalogs, or newspapers. seize sexually explicit child pornography Sometimes sexually explicit captions are writ- found during a search. But, over and over ten above, below, or on the pictures. again, officers ignore and leave behind the Photographs are frequently marked with child erotica. Although not as significant or the children’s names and ages and the dates damaging as child pornography, child erotica taken. Sometimes they are also marked with is valuable evidence of intent and a source of the children’s addresses, physical descriptions, valuable intelligence information. The find- and even the sexual acts they performed. Most ing of child erotica might also influence bail, a people who have photographs of their naked guilty plea, and the sentence eventually im- children or grandchildren save them as a small posed. part of a wide collection. The pedophile who The investigative experience of many collects photographs of children is more likely law enforcement officers dealing with por- to have hundreds of such photographs to- nography is often limited to commercial gether, and all the children portrayed will be pornography distributed by individuals of the same general age. There will be few, if motivated by monetary profit.The direct any, photographs of these same children when connection between the pornography and the they are older. The pedophile offender is also sex crimes is rarely a factor in these kinds of more likely to have enlargements or carefully cases. In an investigation narrowly focused arranged groupings of these photographs— only on the pornography or obscenity viola- even arranged on the wall as a kind of shrine tions, officers might have legal problems to children. Some material may be placed justifying the seizure of child erotica (pedo- where child victims will have easy access to it. phile paraphernalia) found when executing a search warrant or consent to search. In an

34 investigation more broadly focused on child duced by the offender himself. Each of these pornography and its role in the sexual ex- children is a potential victim of sexual abuse. ploitation of children by child molesters, This identification must be done discreetly in however, officers should recognize the evi- order to avoid potential public embarrass- dentiary value of child erotica. If the facts of ment to the children, whether or not they were the case justify it, this relationship between victimized. Sometimes the pedophile makes child pornography and the sexual exploita- the identification unbelievably easy by label- tion of children should always be set forth in ing his photographs with names, descriptions, the affidavit for a search warrant. Both the addresses, dates, and even sex acts performed. child pornography and the child erotica should Possession of numerous books, magazines, be seized as evidence when found in such articles, or newspaper clippings about the cases. Child pornographers are often child sexual development and abuse of children or molesters. The photograph of a fully dressed about pedophilia in general can be used as child may not be evidence of a pornography evidence of intent at a subsequent trial. It is violation, but it could be evidence of an very difficult to disprove the claim of a wres- offender’s sexual involvement with children. tling coach that his touching was legitimate If there is doubt about the legality of the athletic training or the claim of a teacher that seizure of child erotica, the presence of such his or her touching was normal healthy affec- material should be noted and, if possible, it tion. This difficult task can be made easier if should be photographed or videotaped (with- police have seized a child erotica collection out sound). that includes items such as a diary or fantasy Every effort should be made to attempt to writings describing the sexual stimulation identify the children, even those fully dressed, experienced when touching a child to demon- in photographs or videotapes found in the strate a wrestling hold or when fondling a possession of a pedophile. This is especially student. true if these items appear to have been pro-

35 6. After Identification

When a child molestation case is uncovered might admit to acts that he knows are lesser and an offender identified, there are certain offenses or misdemeanors. It is important to fairly predictable reactions by the child recognize that even seemingly cooperative molester. This is especially true of the Prefer- victims may also minimize the quantity and ential Child Molester (pedophile). Knowledge quality of acts. If a certain act was performed and anticipation of these reactions will help 30 times, the victim might claim it happened the investigation and prosecution of such dif- only 5 times, and the offender might claim it ficult cases. happened only once or twice. A victim may admit to having sex but not to receiving money The Pedophile’s Defenses for sex or may admit to receiving oral sex but not to giving it. Victims sometimes deny Denial Usually the first reaction of a child certain sexual acts in spite of photographs molester to discovery will be complete denial. showing otherwise. Adolescent boys, in The offender may act shocked, surprised, or particular, may deny or minimize their vic- even indignant about an allegation of sexual timization. activity with children. He may claim to know nothing about it or that he does not remember. Justification Many child molesters, espe- He might admit to an act but deny the intent cially preferential molesters, spend their lives was sexual gratification: “Is it a crime to hug attempting to convince themselves that they are a child?” He may imply that his actions were not immoral, not sexual deviants, or not crimi- misunderstood, and a mistake has been made. nals. They prefer to believe that they are His denial may be aided by relatives, friends, highminded, loving individuals whose neighbors, and coworkers. These associates behavior is misunderstood or politically in- may be uncooperative and may even hinder correct at this time in history. Plugging into police investigation of the offender. In any this rationalization system is the key to inter- case, the investigator should anticipate and viewing such offenders. not be thrown off by strong initial denial by a A child molester typically attempts to jus- suspect. tify his behavior to the police. He might claim that he cares for the children more than the Minimization If the evidence against him children’s parents do and that what he does is rules out total denial, the offender may at- beneficial to the child. If he is the father of the tempt to minimize what he has done, both in victim, he might claim the child is better off quantity and quality. He might claim that it learning about sex from him. In other cases he happened on one or two isolated occasions or might claim he has been under tremendous that he only touched or caressed the victim. stress or has a drinking problem. He might He might admit certain acts, but deny they claim he did not know how old a certain were engaged in for sexual gratification. He victim was. may be knowledgeable about the law and

37 His efforts to justify his behavior usually claimed they are artists victimized by censor- center around blaming the victim. This is the ship and their collections are works of art single most common rationalization of all protected by the first amendment. These sto- pedophiles. The offender may claim he was ries work particularly well when the child seduced by the victim, that the victim initiated molester is a professional, such as a teacher, the sexual activity, or that the victim is promis- doctor, or, especially, a therapist. The investi- cuous or even a prostitute. In a few cases, it gator and prosecutor must be prepared to might even be true. But such a justification has confront such stories and attempt to disprove no meaning. A crime has still been committed. them. Finding child pornography or erotica in The major legal difference between sex crimes the possession of the offender is one effective committed against children and adults is that way to do this. with child victims, consent does not matter.

Fabrication Some of the more clever child Mental Illness When other tactics fail, the molesters come up with ingenious stories to child molester may feign mental illness. It is explain their behavior. One offender, a doc- interesting to note that few child molesters tor, claimed he was doing research on male admit mental illness until after they are iden- youth prostitution. A professor claimed he tified or arrested or until other tactics fail. If, was doing research on pedophilia and collect- as previously discussed, all pedophiles are ing and distributing child pornography for not necessarily child molesters, then pedo- scientific research. A teacher said that his philia alone cannot be the cause of their child students had such a desperate need for atten- molesting. tion and affection that they practically threw NOTE: Prosecutors and law enforcement themselves at him and misunderstood his af- officers should find of special interest the fection and response as sexual advances. Many professional “disclaimer” in theDiagnostic incest offenders claim to be providing sex and Statistical Manual of Mental Disorders education for their children. One father (Third Edition-Revised) ( DSM-III-R), page claimed he was teaching his daughter the xxix: “CAUTIONARY STATEMENT...The difference between a good touch and a bad purpose of DSM-III-R is to provide clear touch. In another case, a nursery school opera- descriptions of diagnostic categories tor, who had taken and collected thousands of in order to enable clinicians and investi- photographs of young, nude or seminude chil- gators to diagnose, communicate about, dren in his care, claimed they were not for study, and treat the various mental sexual purposes; he simply admired the disorders. It is to be understood that anatomy of children. Another offender inclusion here, for clinical and research claimed his sadomasochistic photos of chil- purposes, of a diagnostic category such dren were part of a child discipline program. as Pathological Gambling or Pedophilia One offender claimed the children made a does not imply that the condition meets sexually explicit videotape without his knowl- legal or other nonmedical criteria for edge and that he had kept it only to show their what constitutes mental disease, mental parents. Another offender claimed he was disorder, or mental disability. The clini- merely keeping the child warm in his bed on cal and scientific considerations involved a cold night. Several offenders have recently in categorization of these conditions as

38 mental disorders may not be wholly rel- and witnesses; attack the reputation and per- evant to legal judgments, for example, sonal life of the investigating officer; attack the that take into account such issues as motives of the prosecutor; claim the case is individual responsibility, disability de- selective prosecution; raise issues such as gay termination, and competency.” rights if the child victim is the same sex as the Of course, if the child molester is truly offender; and enlist the active support of mentally ill, he needs treatment and not a jail groups and organizations. term. This book will not attempt to debate The police investigator also must consider whether or not pedophilia is a the possibility of physical violence. It would that legally alters criminal responsibility for be a terrible mistake for any police inves- behavior. If the behavior of a child molester is tigator or prosecutor to think that all child considered the result of a mental illness, how- molesters are passive people who are easily ever, then it must out of necessity be treated as intimidated. The author is aware of several a “contagious” disease that is, at best, difficult cases in which the arrested child molester was to cure. The seriousness of the offenses and a survivalist with a massive arsenal of weap- the effectiveness of any proposed treatment ons and explosives. In addition, there are must be carefully evaluated by the court. cases in which child molesters murdered their Treatment and punishment are not mutually victims, including their own children, to keep exclusive. them from disclosing the sexual abuse. Two different child molesters who had each killed Sympathy Pedophiles may resort to a “nice several of their child victims stated that the guy defense.” In this defense, the offender only way that society could have prevented expresses deep regret and attempts to show he the murders would have been to legalize sex is a pillar of the community, a devoted family between adults and children. They claimed man, a military veteran, a church leader, non- that they killed their victims only to avoid violent, without prior arrests, and a victim of identification. In another case, a child mo- many personal problems. In view of the fact lester killed the mother of his victim when she that many people still believe in the myth that tried to end his relationship with her son. child molesters are “strangers” or misfits of society, this tactic can unfortunately be effec- Guilty, but Not Guilty The offender will tive. Many traits introduced by the offender often try to make a deal in order to avoid a as evidence of his good character (i.e., dedica- public trial. Although this results in the highly tion to children, volunteer work, etc.) in fact desirable objective of avoiding child victim contribute to his ability to access and seduce testimony, the unfortunate aspect of this is children. that the offender is often allowed to plead, in essence, “guilty, but not guilty.” This some- Attack It is important not to overlook this times involves a plea of nolo contendere to reaction of the identified child molester. It can avoid civil liability. The offender may make be used many times during the investigation public statements that he is pleading guilty or prosecution. This reaction consists of because he does not want to put the children attacking or going on the offensive. The pedo- through the trauma of having to testify or phile may harass, threaten, or bribe victims because he has no more money to defend

39 himself. This problem is compounded by the asking to speak to law enforcement in- fact that it is possible, under the provisions of vestigators and claiming to have important a U.S. Supreme Court decision (North Caro- information about more serious offenses lina v. Alford, 400 U.S. 25, 1970) to plead guilty against children. They might claim to know to a charge while at the same time not ac- about organized child sex rings, child por- knowledging that you committed the crime. nography, child prostitution, abduction of In some cases, offenders claimed they pleaded children, satanic cults, or child murders. Al- guilty because they knew a jury would though this reaction is not as common as the convict them, but they “could not remember others discussed here, there are numerous committing the crime.” Although it is under- cases in which this has happened. In many of standable why a prosecutor might accept such these cases, the information furnished has a plea in some cases, its use prevents the turned out to be exaggerated, distorted, or offender from having to accept public respon- patently false. Investigators have no choice sibility for his behavior. He is able to plead but to investigate and check out such allega- “guilty, but not guilty”—further confusing tions because they might be partially or the child victim as to who is guilty and inno- totally true. Investigators, however, must be cent. Another variation of this is that the child skeptical and cautious in their response. Such molester pleads not guilty by reason of insan- stories should be carefully evaluated and as- ity. If state insanity criteria allow it, he will sessed, and investigators should consider an claim he knew his acts were wrong, but he early use of the polygraph by an examiner lacked the ability to conform his behavior to experienced in interviewing child molesters. the law. The judge and jury will then be given the difficult task of differentiating between an Suicide One other reaction should also be irresistible impulse and an impulse not re- anticipated in certain cases. An offender, es- sisted. pecially from a middle-class background and Confronted with overwhelming evidence, with no or one prior arrest, should be consid- many child molesters prefer to plead guilty to ered a high suicide risk at any time after arrest charges with vague names (e.g., contributing or conviction. The law enforcement investiga- to the delinquency of minors, lewd and las- tor should be prepared to be blamed for the civious conduct, indecent liberties, etc.) so offender’s death. that the public will not know what they really A wide variety of criminals may react in did. The last thing they want is all the details similar ways when their activity is discovered to come out in court. or investigated. The reactions described above, however, have been seen in child molesters After Conviction After being convicted and time and time again, particularly in Preferen- sentenced to incarceration, some pedophiles tial Child Molesters. may exhibit another reaction. This involves

40 7. Investigative Difficulties

The author has observed four major problems status to influence and control a child’s behav- that make the investigation of child sexual ior. Some child molesters exploit their status abuse and exploitation difficult for the law as stepfathers, guardians, Big Brothers, or scout enforcement officers and the criminal justice leaders to entice children into sexual activity. system. Some of these investigative difficul- Child molesters who do not have this added ties are not unique to child sexual abuse cases, adult authority sometimes impersonate such but only their impact on and relevance to such individuals, claiming to be police officers, cases will be discussed here. ministers, and so on, when they are not.

Need for Attention and Affection This is by The Ideal Victim far the most significant characteristic of chil- dren that makes them ideal victims, especially Children in general have certain characteris- for the seduction child molester. Even when tics that make them ideal victims from the they are getting attention and affection at home, offender’s point of view. Some of these charac- children still crave and need it from others in teristics are listed below. their life. Although all children are at risk from such seduction techniques, it seems that Naturally Curious Children have a natural the child from a broken home, who is the curiosity about the world around them. As victim of emotional neglect, or who has strong they grow older, they become increasingly feelings of alienation is most vulnerable. Many curious about sex and develop an active sex victims get to the point where they are willing drive. For most children sex is a taboo subject to trade sex for the attention and affection they about which they receive little accurate infor- get from some child molesters. It is sad but mation, especially from their parents. This true that in many ways some child molesters natural curiosity and the lack of available treat their victims better than the victims’ own information can be easily exploited by a clever parents do. The seduction child molester child molester to lower children’s inhibitions exploits the child’s need for attention and and gradually seduce them into sexual activ- affection to his advantage. The child molester ity. is usually willing to supply all this attention and affection only as long as the child meets Easily Led by Adults Many parents specifi- his age preferences, however. When the child cally instruct their children to respect and gets too “old,” the attention and affection usu- obey adults. Children are aware that their ally turn to neglect and rejection. very survival depends on these powerful Recently reported statistics indicate that adults. In addition to fulfilling the physical large numbers of children are being raised in and emotional needs of children, adults are single parent families. This is an ideal situa- bigger and stronger. Any adult child molester tion for the seduction child molester. Many can simply exploit his or her size and adult parents are not only not suspicious of adults

41 who want to spend time with their children, television, videotapes, magazines, observa- they welcome them. But parents should at tion of adults around them, and even from least be suspicious of individuals who want to well-meaning safety programs. Children can be together with their children for long peri- be easily influenced by untrained or overzeal- ods of time. ous interviewers, including parents, therapists, social workers, and police. Need to Defy Parents Many children, espe- cially when they reach , go through Maligned Investigator a rebellious period. This can be exploited by the child molester to his advantage. Any child Almost anyone in regular contact with the who is victimized as a result of disobeying undesirable aspects of human nature may parental guidelines will be reluctant to admit unconsciously employ the defense mecha- their error. This is especially true of adoles- nism known as “isolation of affect.” Law cent boys. enforcement certainly falls into this category of occupations. Police officers quickly learn to Children as Witnesses Many children are not hide their emotions. believed when they report being sexually Any police officer assigned to the in- abused and may be subject to harassment in vestigation of child sexual abuse should be a court. The truth is that children are not poor volunteer, even if reluctant at first, who has witnesses. Neither are they ideal witnesses. been carefully selected and trained in this Although child witnesses have many of the highly specialized work. This kind of work is same traits as adult witnesses, the criminal not for everyone. Each officer must decide for justice system must make special allowances himself if he can deal with this type of work. for the developmental stages of children. In- Just as important, the officers working these formation furnished by children must be cases must continually monitor themselves. evaluated and assessed like the information This is “toxic” work, and each individual has furnished by any other victim or witness. If a tolerance level. possible, as an early step in this assessment, Police officers investigating child sexual consideration should be given to having a abuse and exploitation must also learn to cope young child victim or witness evaluated by a with the stigma within law enforcement at- mental health professional in order to deter- tached to sex crime and vice investigation. mine the child’s developmental progress. This Because there is so much ignorance about sex information can be of assistance in evaluating in general and deviant sexual behavior spe- the information and details furnished by the cifically, fellow officers frequently joke about child. This is not always possible or practical, sex crime and vice investigators. For officers however. working child sexual abuse cases, especially It has been the author’s experience that in medium or small departments, it is even children rarely deliberately lie about sexual worse. They frequently become isolated from abuse, but they can misperceive events. Chil- their peer group because their fellow officers dren can be confused, tricked, or even drugged do not want to hear about child molesters and by offenders. In today’s modern society, even child pornography. This is a problem that very young children can learn about sex, in- supervisors as well as individual officers must cluding bizarre and unusual acts, from peers, recognize and deal with. One investigator

42 wrote the author that trying to talk to his Child molesters frequently engage in acts supervisors about the nature and scope of this that are behaviorally, if not legally, sexual problem (sexual exploitation of children) was acts. Seemingly normal acts, such as like trying to convince the Air Force of the photographing children, touching children, existence of UFOs. wrestling with children, or even looking at An officer who gets too emotionally in- children, can be sexual acts for some indi- volved in a case is more likely to make viduals. More bizarre acts could also be mistakes and errors in judgment. He may considered sexual acts. In one case, an wind up losing a case and allowing a child offender got sexual gratification from photo- molester to go free because he “violated his graphing children pretending they were dead rights” in some way. He is also less likely to after a make-believe game of cops and rob- interview and assess a child victim objec- bers. One offender admitted “molesting” sixty tively. A more detailed discussion of this children but stated that the figure did not problem is contained in an article titled “The include the thousands of children he merely Maligned Investigator of Criminal Sexuality.” “touched” for sexual gratification. (See “Appendix II: References.”) Societal Attitudes What Constitutes Sexual Activity? What is society’s attitude toward the sexual Any officer who has investigated child sexual abuse of children? Most people would prob- abuse cases knows this is not an easy question. ably respond that American society views Is hugging a child a sexual act? Is kissing a child molesting as a serious, horrible crime. child a sexual act? Is appearing naked in front Even other criminals detest child molesters. of a child a sexual act? The answer to these There are, however, several organizations questions is that it depends on the intent of the in this country and around the world that individual performing these acts. openly voice a far different attitude about Very often the child victim is the most adult sex with children. The Rene Guyon valuable source of information concerning Society, the North American Man-Boy Love intent. The victim knows or can “feel” the Association (NAMBLA), the Pedophile Infor- difference between hugging and fondling, mation Exchange (PIE), the Child Sensuality affectionate kissing and passionate kissing, Circle, the Pedo-Alert Network (PAN), and accidental nudity and indecent exposure. the Lewis Carroll Collector’s Guild are all Proving it in court can still be difficult. Espe- examples of groups that openly advocate adult- cially in incest cases, many offenders will child sex and changing the laws that make it a attempt to claim such acts constitute an ac- crime. These groups usually restrict their ceptable, and even desirable, interaction with advocacy to “consenting” sexual activity with children. children, and claim to be opposed to forced Even seemingly obvious sexual acts such sex with children. as oral-genital contact or oral-breast contact In spite of the attention that many of these can be confusing, especially when the offender organizations have received in the past, it is is a female. Is it a sexual act for a mother to doubtful that they have had any significant have her six-month-old baby suck on her impact on American public opinion in gen- breasts? At what age is it unacceptable or eral. Their greatest threat to society, other possibly a sexual act? At two years old? At five years old?

43 than the criminal acts of individual members, frequently testify at the trials of child molest- is as a source of support and validation for ers or child pornographers. child molesters and pedophiles. These groups Also, police investigators must be prepared and the material they publish help child mo- to deal with the fact that the identification, lesters justify their behavior. Many pedophiles investigation, and prosecution of many child are openly proud of their behavior. In her molesters may not be welcomed by their outstanding article, “The Indignant Page: communities—especially if the molester is a Techniques of Neutralization in the Publica- prominent citizen. Citizens may protest, and tion of Pedophile Organizations,” Dr. Mary community organizations may rally to the De Young identifies the three neutralization support of the offender and even attack the techniques of such pedophiles as: 1) Denial of victims. City officials may apply pressure to Injury (no harm done to child victim), 2) De- halt or cover up the investigation. nial of the Victim (child deserved or brought The final frustration for the police officer on the behavior), and 3) Appeal to Higher often comes in the sentencing of a convicted Loyalty (insistence that behavior serves the child molester. There are serious sex offenses, interests of a higher principle such as libera- such as murder, torture, and sadistic rape, that tion of children or artistic freedom). are generally dealt with severely by the crimi- In fact, some academics, mental health nal justice system. And there are nuisance sex professionals, and sexologists express very offenses, such as indecent exposure and win- similar views. These so-called “experts” on dow peeping, that are generally dealt with human sexual behavior sometimes equate the lightly by the criminal justice system. The existing laws that prohibit sex with children problem is that the nonviolent sexual abuse of with laws that prohibit masturbation, fornica- children is more often dealt with as a nuisance tion, and . They advocate offense. The bottom line is that society con- changing the laws so that children can choose demns child molestation in the abstract, but their sexual partners freely, but under the how it responds to individual cases depends guise of children’s rights and freedom. Inves- on the particular circumstances and the tigators need to be aware that these “experts” molester’s position in the community.

44 Appendix I: Considerations in Obtaining and Using Expertise Search Warrants in Cases of Preferential Child Molesters by Janet Kosid-Uthe, Esquire

The premise inherent in this appendix is that some certainty, the existence (and possibly certain individuals in our society are (for what- the location) of certain kinds of evidence based ever reason) attracted sexually to children. on a full and complete understanding of these These individuals may violate the mores of behavioral patterns. The use of expert opinion our society by initiating sexual contact (of in an affidavit supporting a search warrant is whatever variety) with a child as a partner. clearly proper. See U.S. v. Weber, 923 F.2d 1338 Not all sexual offenders prefer sexual contact (9th Cir. 1991). with child victims. Indeed, not all child mo- For example, just as specially trained and lesters prefer children as their sexual partner. experienced narcotics investigators may be For example, a convicted child rapist may able to predict that a known dealer in narcotics have selected a child victim merely because is likely to possess narcotics paraphernalia, the child was available and vulnerable. packaging material, cutting agents, etc., ex- perts in child molestation investigating a case The Preferential Child Molesters have of a sexual offender whose preferred sexual a definite sexual preference for chil- partners are children may be allowed to pre- dren. Their sexual fantasies and erotic dict that this sexual offender may possess and imagery focus on children. They have use child pornography in order to seduce the sex with children not because of some child selected as his (or her) next target. The situational stress or insecurity but be- child molestation expert may further be able cause they are sexually attracted to and to predict that this offender will have taken prefer children.—Kenneth V. Lanning, (and kept or secreted) pictures of his past (and Child Molesters: A Behavioral Analy- present) sexual partners. These photographs sis (Alexandria, Virginia: National may include several of the children engaged Center for Missing & Exploited Chil- in sexual activity that the molester will use dren, 3rd edition, 1992, p. 8). either to blackmail the child into continued silence about the molestation, to arouse the It is further the premise of this chapter that molester, to arouse the child, or to lower the those sexual offenders who do prefer children inhibitions of other potential child sexual part- as their primary sexual partner frequently ners by showing them that other children display certain behavioral characteristics. participate in this kind of activity. These behavioral characteristics are displayed By applying expert knowledge and so frequently within this population of sexual experience to the facts of a case under in- offenders that specially trained and experi- vestigation, the investigator should be able to enced law enforcement officers, psychologists, increase the scope of an investigation, focus psychiatrists, etc., may be able to predict, with on additional questions to ask the known

45 child victims, and target additional items of to fit this behavioral pattern. Application for evidence for further investigation and consid- issuance of “pedophile search warrants” in eration. If the investigator knows that child cases in which the suspect does not prefer molesters who prefer child sexual partners children as the primary sexual partner may frequently molest many children, the investi- result in the investigator finding few of the gator may then consider the need to talk to described items. A magistrate who is asked to other children who may also have been vic- issue many search warrants that ultimately timized by this offender. If the investigator prove to be unproductive may begin to ques- learns that preferential child molesters fre- tion either the affiant’s expertise or (worse) the quently utilize computer equipment to store validity of the entire behavioral analysis. information about their sexual relationships Therefore, caution is urged in the use of the with children or to communicate with other expertise warrant. Do enough investigation to preferential child molesters via a “computer establish that the suspect is a preferential child bulletin board,” the investigator may want to molester. Further, corroborate the predictions expand the scope of his or her investigation to in the behavioral profile with facts garnered in include possession and use of computer hard- your investigation of the particular suspect. ware and software by the suspect. Also, be careful in your selection of an Search warrants are a significantly expert affiant.Your expert must have suffi- underutilized investigational tool in child sex cient expertise to be able to make valid crime investigation. The officer should be judgments about whether or not your suspect alert for ways in which to broaden the scope of is indeed a preferential child molester and the investigation in many ways and should what behaviors (and therefore evidence) one consider the possibility of pursuing evidence can predict a preferential child molester to from a search warrant (traditional or exper- possess. Attaching a copy of a behavioral tise) or an otherwise authorized search in analysis of child molesters to a copy of every case. your affidavit containing case facts is not It is not within the scope of this chapter to recommended because the expert has not conduct a full analysis of the variety of sexual considered the facts of your particular case offenders or paraphilias that have been and determined that your suspect is likely to identified, analyzed, and classified in the psy- be a preferential child molester. (Providing chological literature. It is likely, however, that your magistrate with additional educational other preferential sex offenders (e.g., sexual materials on the general subject is per- sadists) may collect similar items but with missible, however, if acceptable to your their collections focusing primarily on their magistrate.) particular sexual preferences or paraphilias Some additional cautions may be neces- rather than predominantly children. It is sary. The terms pedophile and pedophilia are important to begin this chapter with an under- psychological or psychiatric diagnostic terms standing of the limited nature of the so-called with specific meanings within those profes- “pedophile search warrant.” sions. For example, some psychological or Sexual offenders who are not preferential psychiatric professionals differentiate between offenders are not likely to fit this behavioral pedophiles (those who prefer prepubertal pattern. Indeed, child molesters who do not children) from hebephiles (those who prefer prefer children as sexual partners are not likely postpubertal children). Although it has be- come common in police jargon to refer to both

46 of these offenders generally as pedophiles, port an inference that defendant ac- use of professional diagnostic terminology in tually possessed the ‘personal diary legal proceedings has resulted in chal- notations’ or ‘writings’ listed in clauses lenges to the expertise of the investigator. two and eight of the warrant.... Accordingly, it is recommended that law en- —Peo. v. Frank, 38 Cal.3d 711, 728 (1985) forcement officers avoid the use of such loaded (Death penalty sentence reversed.) psychiatric terminology. The materials contained in this chapter are The officer should also take into account not intended to be duplicated and used as a when reading this chapter that these materials fill-in-the-blank model warrant. They are in- are drafted with a national audience in mind. tended to be a guide and a discussion of the The laws and rules listed herein are reflective legal considerations involved in the use of of the general state of the law nationally. As these warrants in appropriate cases. In addi- each state and local jurisdiction will have varia- tion, they may provide suggestions for items tions, the warrant and affidavit must be crafted to include in an application for a warrant if to withstand challenge in the jurisdiction in justified by the facts of a particular case. which it is sought. Consult your local legal Boilerplate clauses are likely to be invali- counsel concerning the special requirements dated. of your local jurisdictions. Finally, the officer should keep in mind But nowhere in all these 24 pages was that EXPERTISE WARRANTS HAVE YET there alleged one single fact that gave TO UNDERGO SHARP CHALLENGE IN probable cause to believe that any of the THE APPELLATE COURTS. Accordingly, boilerplate allegations of the warrant investigating officers should continue to were true. In particular, the affidavit use caution in obtaining and using these failed to state any fact whatever to sup- kinds of warrants.

Guide to Drafting an Expertise Search Warrant and Affidavit

AFFIDAVIT(S)

A. Introduce and establish expertise of affi- ant. Although this kind of search warrant has rarely faced sharp challenge in the appellate courts as yet, potentially one of the 1. Name the affiant, state his or her posi- most fruitful areas of challenge may be the sufficiency of expertise on the part of the affiant. Thus, it is recommended tion, title, and the number of years the that the investigator who cannot qualify as an expert seek out affiant has been active in his or her and cultivate others in the community who do have sufficient field. expertise. If, due to distance or other factors, the affiant cannot submit an individual sworn affidavit, the expert’s opinion may be presented as hearsay in the investigating 2. State the general educational back- officer’s affidavit. Be sure to comply with all requirements ground of the affiant (including for hearsay warrants if you choose this option. degrees obtained, what institutions awarded the degrees, and when the degrees were awarded) and/or gen- eral police academy training.

47 3. List all special training and education of affiant pertaining to the investiga- tion of sexual offenses (or the diagnosis and treatment of sexual offenders). This should include all special academy or other follow-up police training courses (by name of course and number of hours). If special educational courses have been attended (and completed) by affiant, these should also be listed (including sponsoring educational institution, name of course, dates attended, identity of instructors, and degrees awarded, if any). If affiant has attended any specialized training con- ferences, include similar information about these conferences. In your de- scription, focus special attention on special training or education in the area of child molestation or preferen- tial child molestation cases.

4. List all relevant professional societies to which your affiant belongs.

Do not be modest in describing the expertise of your expert 5. List all honors/awards/special certifi- affiant. If you do not supply enough facts to the magistrate cates received or earned by your expert in the affidavit to establish your affiant as an expert, a later challenge may invalidate the warrant. affiant. Direct the magistrate’s atten- tion to any that were awarded or earned for achievement in the area of child sexual offenses—especially those involving preferential child mo- lesters.

6. Describe the expert affiant’s experience. Focus especially on the affiant’s experience with cases involving preferential child molesters. In the description, include the number of years the affiant has worked in this field, how many cases the affiant has handled involving preferential child molesters, and in what capacity the affiant participated (e.g., trainee/inves- tigator/therapist/supervisor, etc.)

48 7. If your affiant has previously qualified as an expert witness in cases of this nature, describe those cases, including the number of times, the nature of the In the event that your expert affiant has testified for the court or the court proceedings, and prosecution and for the defense as an expert witness, men- whether or not convictions were ulti- tion this fact, as it helps to establish the impartiality of the affiant. mately obtained. If your expert affiant has testified for both the prosecution and the defense in criminal cases, mention this fact.

8. If your expert affiant has experience in teaching or has served as consultant for another department, agency, or educa- tional institution in matters pertaining to preferential child molestation, mention these facts. Also describe any professional articles or books written by the affiant.

9. Miscellaneous: If your expert has any other qualifications relative to his or her expertise in recognizing and pre- dicting the behavior of the preferential child molester, add them to the affida- vit as well. You may want to add the number of times the affiant has inter- viewed a child victim of this kind of offense and/or the number of times the affiant has interviewed admitted mo- lesters.

Professors from local colleges or universities may be useful 10. In many cases, it will be necessary to resources for expertise in these areas. You might want to consider asking a reputable pediatrician or family doctor for establish your expertise in such diverse assistance in providing the magistrate with an expert opinion areas as photography, computer that the child pictured in the photograph is indeed a child. hardware and software, videotape You may find a willing expert by contacting your local children’s hospital. In general, the older the child pictured in technology, visual identification the photograph, the greater the need for specialized expertise of age of a child from a photograph in the area of recognizing the age of the child through medical of a child, child pornography or developmental characteristics. In cases of young children, the courts have been more willing to accept the opinion of a child prostitution, child sex rings, layman. If specific, known children have been identified, or multiple victim/multiple of- available photographs could be attached as an exhibit to the fender case investigations. In the affidavit. event that the facts of the case under In the event the suspect has stored evidence in a computer memory bank, you will undoubtedly need the investigation require that an expert have assistance of a computer expert. Many programs allow a reviewed the evidence uncovered by security code to be installed that will block access to a particular 49 file unless the correct access code is given to the computer. Some of these programs also provide for the destruction of the information stored in the file unless the correct access code is used. Accordingly, you may need to have available someone the investigation and rendered an ex- who can break the code. Also consider cultivating the services of a computer pert opinion on some aspect of the consultant to assist you in accessing “computer bulletin evidence, follow the above format (edu- boards” used by preferential child molesters to communicate cation, experience, special recognition with each other and to share information about child sexual partners. You may be able to obtain highly probative evidence of expertise, such as honors and awards, concerning the suspect’s sexual activities if your suspect uses qualification as an expert witness on such a bulletin board. other occasions, etc.).

B. Recount the facts uncovered by the in- vestigation to date, apply your (collective) expertise to interpreting the facts, and thus establish probable cause to search. Probable cause is usually defined as reason- ably trustworthy information concerning such facts and circumstances as would warrant a man of reasonable caution in the belief that an offense has been or is being committed or that evidence of a crime can be found in a particu- lar location—Brinegar v. United States 338 U.S. 160 (1949). The section of the affidavit establishing probable cause will vary dramatically from case to case, depending on the facts uncovered by the investigation undertaken to date. Cer- tain basic rules will apply, however. In the event that the investigation was initiated by a report of a specific child having been sexually molested, keep in mind that the way in which you receive the information may be key to the formation of the probable cause portion of the affidavit. In the event that the police or, more commonly, the children’s protective services agency receive a confidential or anonymous tip concerning the crime, you may have to establish both the basis of the informant’s knowledge (i.e., personal knowledge) and that the information is reliable—Aguilar v. Texas, 378 U.S. 108 (1964)—or that the information contained in the tip has been corroborated in some other approved manner—Spinelli v. United States, 393 U.S. 410 (1969). Consult your local legal counsel concerning the im- pact of Illinois v.Gates , 462 U.S. 213 (1983) on the quantum and source of the corroboration that must be produced. 50 In the event that the investigation began with a child having reported that he or she was molested by the suspect, the letter of the law imposes no obligation to corroborate the crime report of presumptively reliable citizen crime victims. It would be naive to suggest, how- ever, that the courts view the report of a child sex crime victim as presumptively reliable. Therefore, the wisest course is to seek corrobo- rating evidence and to present information concerning any and all such evidence to the magistrate in the affidavit. In cases of child sexual molestation, the investigator should consider and evaluate (and consult with appropriate experts) whether the suspect in the individual case displays behav- ior consistent with that commonly displayed by preferential child molesters. Did the sus- pect allegedly seduce the child victim? Or did the suspect kidnap and rape the child? Did the suspect spend time, attention, perhaps even money, on the child? Did the suspect show the child pictures of other children or adults engaged in sexual activities or sexually arousing poses in order to lower the child’s inhibitions, arouse the child, or arouse the offender? Were other types of erotica used or displayed to this child for similar purposes? Has the suspect indulged in similar behavior with other children? Look for evidence of other types of prefer- ential child molester behavior in your initial investigation as well. This will serve the dual purpose of providing information upon which your expert can base an opinion, and it will serve as an additional basis to (reasonably) believe that a search of premises controlled by the suspect will result in the discovery of evidence of the suspect’s commission of this crime. Such evidence might include

• correspondence with other persons interested in sexual behavior with chil- dren

51 • diaries or other records of child sexual partners, including names, dates, and types of sexual activity

• phone or address books in which the suspect records the name, address, or phone number of child sexual partner(s)

• child or adult pornography

• photographs, movies, slides, video- tapes, or drawings of children or adults engaged in sexual activity or sexually suggestive poses

• camera equipment with which the sus- pect has taken photos of the child victim or other children engaged in sexual activity or in sexually sugges- tive poses

• sexual paraphernalia or other erotica used by the suspect in the course of seducing the child victim or other chil- dren of which the investigator gains knowledge

• computer hardware and software (and computer skills) used by the suspect in storing personal records and informa- tion concerning personal business transactions

• information concerning any safe de- posit boxes, storage facilities, etc., used by the suspect for storage of records or personal belongings The assessment of probable cause depends on the totality of the circumstances, including considerations of modes or patterns of operation of certain kinds of law breakers. From Once the evidence is gathered, then the this information a trained and experienced officer draws expert must interpret the facts. The facts inferences and makes deductions—inferences and deduc- discovered by the investigation combined with tions that might well elude an untrained person—United States v. Cortez, 449 U.S. 411 (1981). the opinion of the expert affiant concerning the import of these facts are combined in the affidavit to demonstrate that there is probable

52 Although the magistrate is entitled to consider the opinions of cause to believe that not only are certain items experts concerning special modes or patterns of operation of certain kinds of lawbreakers in determining whether observed by the named witnesses likely to be probable cause exists to justify issuance of search warrants, found in premises controlled by the suspect, reviewing courts have not viewed reliance on a behavioral but also that the suspect is likely to exhibit profile (without more) with overwhelming enthusiasm. Although few cases of challenges to search warrants other behaviors common to those who prefer have yet been reported by the appellate courts in cases children as their sexual partner. Thus, there is wherein probable cause was determined in partial reliance also probable cause to believe that evidence of on a child molester behavioral profile, cases of searches initiated in reliance on the drug courier profile are analogous. these behaviors will also be found in premises In general, the courts, in considering drug courier profile controlled by the suspect—evidence that will cases, have held that the fact that an individual matches the be relevant to identify other known (but not as profile, standing alone, does not justify law enforcement intervention (stop/seizure/search). The profile is entitled to yet identified) child molestation victims, the some consideration in establishing a pattern of operation age and gender preference of the suspect, and among drug traffickers. Articulable facts discovered during that will assist in the corroboration of the the course of an investigation may then be interpreted in light of the profile to establish probable cause—Florida v. Royer, modus operandi of the suspect. 460 U.S. 491 (1983); United States v. Mendenhall, 446 U.S. 544 Although the opinions of the experts will (1980); Reid v. Georgia, 448 U.S. 438 (1980); United States v. vary concerning what can legitimately be Sokolow, 109 S.Ct. 1581 (1989). It is therefore highly recommended that the officer not concluded about common behaviors and rely entirely on the behavioral profile to establish probable activities of preferential child molesters, affi- cause to believe that the suspect in a particular case will davits filed in court proceedings to date have keep a diary, a collection of child pornography, an address book containing information concerning child victims, or contained such statements as any of the other behaviors indicated in the profile. The investigation should establish facts to indicate that this particular suspect indulges in at least some of these behav- iors. It is not sufficient to testify that pedophiles behave in a particular manner. You must also relate facts indicating that the subject is a pedophile. U.S. v. Weber, 923 F.2d 1338 (9th Cir. 1991); Duncan v. Superior Court, 234 Cal. Rptr. 877 (Cal. App. 2 Dist. 1987); State v. Smith, 805 P.2d 256 (Wash. App. 1991); Hightower v. State, 736 S.W. 2d 949 (Tex. App.-Eastland 1987). As a result of the expert’s training and A request to search for and seize pornography, including experience, the affiant has learned that pref- child pornography, may include special First Amendment considerations. Although New York v. Ferber 458 U.S. 747 erential child molesters commonly (1982) allows the states to constitutionally prohibit the pro- duction and distribution of material that depicts children in • receive sexual gratification and satis- sexual activity even when the material is not obscene, questions still remain concerning to what extent officers faction from actual, physical contact excluding a search warrant are authorized to search for or with children and from fantasy that seize child and adult pornography. may be stimulated by viewing children The officer should be aware that there are differences that have legal consequences between child pornography engaged in sexual activity or in sexu- and child erotica. Child pornography has been defined by ally suggestive poses (in person, in Lanning (see above) as “the sexually explicit reproduction of photographs, in drawings, or other a child’s image, voice or handwriting—including sexually explicit photographs, negatives, slides, magazines, movies, visual media) or from literature de- videotapes, audiotapes, and handwritten notes.... Child scribing such activity. erotica is a broader and more encompassing term than child pornography. It can be defined as any material, relating to children, that serves a sexual purpose for a given individual. Some of the more common types of child erotica include toys,

53 games, drawings, fantasy writings, diaries, souvenirs, sexual • collect sexually explicit or sugges- aids, manuals, letters, books about children, psychological books on pedophilia, and ordinary photographs of children. tive materials (whether of adults or Generally, possession and distribution of these items does not children) consisting of photographs, constitute a violation of the law.” magazines, motion pictures, video- Depending on the circumstances of the case under inves- tigation, some or all of these materials may be evidence in a tapes, books, slides, and/or drawings child molestation case. In some cases, adult pornography or other visual media that they use for may be used by the offender in seducing children, and the their own sexual arousal and gratifica- investigation may have uncovered evidence to the effect. Although this material may not be contraband (depending tion. Further, they commonly use this on the terms of state statutes), this material may be evidence type of sexually explicit material to or an instrumentality of a crime. Thus, search and/or seizure lower the inhibitions of the children should be permissible for evidence of this nature regardless of its characterization. Applicable First Amendment re- they are attempting to seduce, to arouse quirements must be scrupulously observed, however. the selected child partner, and to dem- Special limitations will pertain to the extent to which onstrate the desired sexual acts. officers can search for and seize adult pornography. Other considerations may limit the extent to which an officer can rummage through a suspect’s entire pornography collection in order to pick out the child pornography. Officers should be aware of another potential trouble spot—the extent to which they can seize movies, videotapes, and otherwise undeveloped film in the event that the content of the material cannot be ascertained without displaying it on projection equipment. Some jurisdictions may permit the officer to view it on the scene with the suspect’s own equipment in order to ascertain its content. Other jurisdictions may require that these materials (or premises) be secured and a second search warrant be obtained. Because some of this kind of evidence may be encom- passed within First Amendment protections, and because the officer may have to inspect innocuous materials in order to ascertain what materials are properly subject to seizure, the warrant must be exceedingly particular in its descrip- tions of property subject to search and/or seizure. Consult local legal counsel concerning applicable limitations. In addition, ensure that a strong nexus is shown be- tween criminal activity and any request for authority to search for or seize pornography and erotica—whether of adults or children. Also check with local legal counsel concerning the extent to which the plain view and good faith exceptions to the warrant requirement can apply to the search or seizure of materials protected by the First Amendment. In the event that the magistrate will not authorize search or seizure of this kind of property, you might consider taking photographs of that material which is in plain view in order to preserve evidence of its existence and nature.

54 Include information of this nature to defeat any claim of • rarely dispose of their collection of staleness that may arise from dated information concerning evidence that a suspect has or maintains a collection of one or sexually explicit material—especially more of the kinds of materials discussed in this chapter—Peo. if it is used by them in the process of v. Hernandez 223 Cal. Rptr. 230 (1986). See also United States seducing children. v. Rabe, 848 F.2d 994, 997 (9th Cir. 1988) two-year-old Cus- toms child pornography seizures, coupled with undercover correspondence with Postal Inspector concerning child nud- ist collection and expert opinion as to target’s pedophilia, not too stale to support probable cause that child pornography would be found in target’s home; United States v. Nilsen, 482 F. Supp. 1335 (D.N.J. 1980) continuing activity will negate staleness challenge; United States v. Rakowski, 714 F. Supp. 1324, 1331 (D.Vt. 1987) “enduring utility” of child pornogra- phy to its collector will defeat staleness attack; Bayles v. State, 373 S.E. 2d 266 (Ga. App. 1988) information not stale even though most recent was six months old, based on expert testimony regarding behavior of pedophiles; State v. Zinkiewicz, 585 N.E. 2d 1007 (Ohio App. 1990) (two month old facts not too stale to support warrant, when coupled with expert testimony to effect suspect would not dispose of material); State v. Smith, 805 P.2d 256 (Wash. App. 1991); People v. Russo, 439 Mich. 584, 1992 Mich. LEXIS 1553 (June 2, 1992) information about child pornography last seen seven to ten years ago still provides probable cause for a search warrant.

It is essential when describing classes of evidence— • correspond with other preferential child especially documentary evidence—that the description be particular concerning what documents can be seized. The molesters to share information and Fourth Amendment is designed to prohibit general searches. identities of their child victims as a It requires that the officers be authorized by the magistrate to means of gaining status, trust, accep- search for particular items of evidence. Once those items have been located by the officers executing the warrant, and all tance, and/or psychological support. items of evidence, instrumentalities, contraband, etc., that are in plain view have been seized, then the search is to conclude. • prefer contact with children of a par- The requirement of a particularity is designed to direct the officers to the correct location and to limit the scope of the ticular gender or age range. search. Thus, the courts have overturned searches that autho- rized seizure of “business records which are instrumentalities • obtain, collect, and retain photographs of tax evasion,” United States v. Cardwell, 680 F.2d 75 (9th Cir. 1982), or “evidence of mail fraud,” United States v. Abrams, of the children with whom they are or 539 F.Supp. 378 (S.D.N.Y. 1982). See also Dobbins v. State, 415 have been involved. These photographs S.E.2d 168 (Ga. 1992) (material not described with sufficient may depict the child in sexually ex- particularity). Compare with Holden v. State, 414 S.E.2d 910 (Ga. App. 1992) (items were described with sufficient plicit activity or may depict the child particularity). Obviously the greater the particularity, the less engaged in innocuous activity. If the likelihood of suppression. child is a particular favorite, the photo- No court has yet imposed a requirement that search warrants may only be issued for specifically named items. graph may be carried by the suspect on See recommendations contained in Russell W. Galloway, his or her person (such as in a wallet). “Fourth Amendment Ban on General Searches and Sei- Photos of children with whom such zures,” in Search and Seizure Law Report, Vol. 10, No. 6 (July 1983). Many courts, however, are now closely scrutinizing an individual has been involved are the particularity of the description when a request for autho- commonly used as a means of reliving rization to search and seize entire classes of evidence is the sexual encounters with the child or presented. Officers should pay particular attention to Peo. v. Frank, supra, and consult with local legal counsel concern- fantasies of such sexual encounters. ing the requirements of the local jurisdiction. They may be keepsakes from a loved

55 one. Or they may be a means of gaining status, trust, acceptance, or support from others who share a similar sexual preference. In the event that the photos depict children engaged in sexual activity, they are frequently used to blackmail the child into continued sexual activity or into keeping the mo- lestation a secret. These photographs are extremely important to such indi- viduals and are likely to remain in the possession of or under the control of such an individual for extensive time periods, perhaps for a lifetime.

When seeking authority to search and seize items that do not • frequently cut pictures of children out plainly appear to be evidence of the crime under investiga- of magazines, newspapers, books, or tion or an instrumentality of that crime, ensure that the nexus between the items sought and the criminal behavior is clear. other types of publications. They also For example, when seeking authorization to seize sexual frequently create new pictures by cut- aids, sexual toys, or any kind of erotica or pornography ting and pasting pieces of different (child or adult), ensure that you have established probable cause to believe that the suspect uses such items as part of the pictures together. Often these cutouts modus operandi of the seduction of child victims or other- will be assembled into an album or a wise establish a strong nexus. collection of some sort. These collec- tions or individual cutouts can be useful in determining the age and gen- der preference of the suspect.

• collect or maintain collections of books, magazines, newspapers, or other writ- ings concerning sexual activities of and with children. This kind of publication can be part of the individual’s seduc- tion modus operandi, a means to understand their sexual attraction to children, and a way of justifying or countenancing their sexual attraction toward children.

• use sexual aids or sexual toys, such as dildos, vibrators, etc. These items are commonly used to arouse the curiosity of the selected child sexual partner as well as to sexually arouse the child and the adult.

56 When seeking authority to search for and seize items such as • own and operate photographic pro- photographic production and reproduction equipment or computer hardware/software, ensure that you have es- duction and reproduction equipment. tablished probable cause to believe that these (otherwise Such individuals are commonly fearful innocuous) items are instrumentalities of the specific crimes that commercial photo developers may alleged. A general seizure of such items may invalidate the warrant or portions thereof. Absent a forfeiture clause or report them to law enforcement au- plain view observation connecting such items with other thorities, and so they produce (and identifiable crimes (occurring in your jurisdiction), officers reproduce) their own materials. will not be entitled to seize such innocuous items. At least one state has held that a separate search warrant is not required to develop film seized pursuant to a (valid) search • are very concerned with the security of warrant. State v. Petrone, 468 N.W.2d 676 (Wis. 1991). their collections of photographs, child In at least one jurisdiction, courts have allowed the expert to accompany the officers executing the warrant so pornography, erotica, and other illicit that the expert can examine the equipment and determine, on materials or information about specific site, whether the equipment was used in the commission of child victims or sexual activity with the crime—Peo. v. Superior Court (Moore), 163 Cal. Rptr. 906 (1980). In that jurisdiction, however, the statutes expressly children. Accordingly, they commonly authorized such expert consultation. See also Forro Precision, rent safe deposit boxes or storage Inc. v. IBM, 673 F.2d 1045 (9th Cir. 1982) holding that IBM facilities outside of their immediate employees who served as expert consultants to the execution of a search warrant were immune from civil liability. residence.

Searches for information on computer disks pose special problems—in addition to the ones already described herein. Yet they also reflect the state of the art in data collection and • keep the names, addresses, phone num- retention. Officers cannot afford to ignore the possibility that bers, or other identifying information the suspect is using a computer for storage of this kind of of the children with whom they have information. Officers not familiar with the use of this equipment been sexually involved. This informa- should be aware that if the computer is on or in use at the time tion may be maintained in a list, aphone entry is effected, unplugging the computer or even turning it book, an address book, on accumu- off without first “saving” the data into the computer’s memory banks may result in the complete loss of all data. Accord- lated scraps of paper, or in a computer ingly, you must “save” the data first; also, be sure to copy all memory disk. disks before trying to access the information. It is recom- mended that the officer take along someone who can do this. Unless you are an expert, do not try this yourself. • often keep a diary containing records Of more importance, however, in obtaining information of their sexual activities with children. from a search of the suspect’s computer files is the inability These diaries may be kept in a formal of the officer to recognize which disks contain the evidence and which do not. Of course, in the unlikely event that the diary book, a notebook, an audiocas- suspect has labeled the file “Children I Have Known and sette, on accumulated scraps of paper, Loved,” the task will be easy. In other cases, however, the or in a computer memory disk. officer or consultant will need to review all of the disks to determine which of them contain relevant evidence. It is recommended that the magistrate authorize this process in • commonly use drugs or alcohol as a advance, and so you should ask for authority to do this in means of seduction, to reduce the child’s the warrant and justify the request in the affidavit. Since the Fourth Amendment requires the officer to inhibitions, or to heighten sexual specify with particularity the documents (or disks) that arousal. contain evidence so that the magistrate can limit, in advance, the documents that will be examined and seized by the officers executing the warrant, this area will undoubtedly be A few last thoughts are in order. In the fruitful for appellate challenge. Regularly check local legal event that you are unable to obtain an exper- counsel for new limitations on search and seizure of com- tise search warrant to increase the scope of a puter memory banks. See also Gerald F. Uehlmen and David C. Tunick “Computer Searches and Seizures,” in Search and search based on behavioral characteristics of Seizure Law Reports, Vol. 10, No. 9 (October 1983) and John preferential child molesters generally—or in Gales Sauls, FBI Legal Counsel Division, “Raiding the Com- the event that the case involves another type of puter Room—Fourth Amendment Considerations” in the FBI Law Enforcement Bulletin, May-June 1986. 57 child sexual offender entirely—use the research concerning the behavioral character- istics of child molesters to expand the scope of the investigation. Consider that the suspect may have molested other children and begin trying to identify other child victims who may give you more insight into the suspect’s modus oper- andi. Consider developing evidence from other sources that the suspect uses child pornography or takes pictures of children in sexually suggestive or sexually explicit poses. This information may provide probable cause for issuance of a warrant to look for these items. The more the investigator knows about the crime and the criminal, the more avenues are open to exploration for evidence of these most difficult of cases. Remember to consider the application of traditional probable cause requirements for the issuance of a traditional search warrant. If the investigation has produced sufficient probable cause to justify the issuance of a traditional search warrant, it may not be necessary to pursue the particulars of an expertise warrant. Also, do not forget the uses of a consent search. All of the traditional pros and cons of attempting to obtain a consent search apply to the search of premises controlled by a prefer- ential child molester. When conducting a search, it may be advisable to photograph the search. This visually preserves the site of the search, the location of items discovered, and demonstrates what was and was not “in plain view.” One authority particularly recommends pho- tographing any display of frequently used telephone numbers posted by a phone, as the suspect may have the telephone numbers of child victims posted. Another authority recommends that officers conducting a search videotape their search of the premises (without sound). It may also be vital to keep

58 accurate records concerning where the items were found and their chain of custody. It may be helpful to attach examples of the kinds of evidence the investigation has so far uncovered. This may be of some assistance to the magistrate in evaluating probable cause. This is particularly true in cases in which the affidavit alleges that a child is pictured in sexually explicit or suggestive poses. In the event that the officer uses attachments, however, check with local legal counsel concerning requirements that the attach- ments be incorporated into the affidavit or warrant by reference. Also, in the event that photographs of children engaged in sexu- ally suggestive or sexually explicit activity will be attached (and incorporated), explore the option of sealing those materials. Since applications for search warrants become public record, sealing the photographs may avoid unduly embarrassing child victims. Finally, consider obtaining a warrant (whether it is based on traditional means of establishing probable cause or it is an exper- tise warrant) even when the case is a strong one. Remember that in order for the judge to pronounce a reasonable sentence, the judge must learn the full extent of the offender’s conduct.

The author would like to gratefully acknowledge the assistance of FBI Supervisory Special Agent Kenneth V. Lanning; John B. Rabun, Vice President and Chief Operating Officer, National Center for Missing & Exploited Children; and Seth L. Goldstein, former Investigator, Napa County (California) District Attorney’s Office for their assistance in the preparation of the materials in this chapter. Also, the author would like to acknowledge Sergeant Toby Tyler, San Bernadino County (California) Sheriff’s Office and Detective Bill Dworin, Los Angeles (California) Police Department for their important work in this area.

Janet Kosid-Uthe, Esquire Consultant and Former Director of Legal Technical Assistance, NCMEC

Editor’s Note: Kenneth V. Lanning and the National Center for Missing & Exploited Children gratefully acknowledge the assistance of Patricia Toth and Mark Ells of the National Center for Prosecution of Child Abuse and Supervisory Special Agent Jeffrey Higginbotham, Legal Instruction Unit, FBI Academy for their update of this chapter. Their insights and additions to this chapter of relevant cases, through mid-1992, is most appreciated. 59 Appendix II: References

Groth, A. Nicholas. “Patterns of Sexual Assault Abel, Gene G., et al. “Multiple Paraphilic Diagnoses Against Children and Adolescents.” In Sexual Assault Among Sex Offenders.” In Bulletin of American Acad- of Children and Adolescents. Ann Wolbert Burgess et al. emy of Psychiatry and Law, 16, No. 2 (1988), pp. 153-168. Lexington, Massachusetts: Lexington Books, 1980.

Abel, Gene G., et al. “Self-Reported Sex Crimes of Hartman, Carol R., et al. “Typology of Collectors.” In Nonincarcerated Paraphiliacs.” In Journal of Interper- Child Pornography and Sex Rings. Ed. Ann Wolbert sonal Violence, 2, No. 1 (March 1987), pp. 3-25. Burgess. Lexington, Massachusetts: Lexington Books, 1984. De Young, Mary. “The Indignant Page: Techniques of Neutralization in the Publications of Pedophile Or- Hazelwood, Robert R., et al. “The Criminal Sexual ganizations.” In Child Abuse and Neglect, 12 (1988), pp. Sadist.” In the FBI Law Enforcement Bulletin (February 583-591. 1992).

Diagnostic and Statistical Manual of Mental Knight, Raymond A. and Robert A. Prentky. Disorders. 3rd edition, revised. Washington, D.C.: “Classifying Sexual Offenders: The Development and American Psychiatric Association, 1987. Corroboration of Taxonomic Models.” In Handbook of Sexual Assault. Ed. W.L. Marshal, et al. New York: Dietz, Park Elliot. “Sex Offenses: Behavioral As- Plenum, 1990. pects.” In Encyclopedia of Crime and Justice. Ed. S. H. Kadish et al. New York: Free Press, 1983. Lanning, Kenneth V. and Robert R. Hazelwood. “The Maligned Investigator of Criminal Sexuality.” In the Groth, A. Nicholas, et al. “The Child Molester: Clini- FBI Law Enforcement Bulletin (September 1988). cal Observations.” In Social Work and Child Sexual Abuse. Ed. Jon R. Conte and David A. Shore. New York: National Center for Missing & Exploited Chil- Hawthorne Press, 1982. dren. Case in Point: Training Points on the Serial Child Molester and Abductor Program, Special Edition (Au- gust 1990) in Child Molesters Who Abduct: Summary of the Case in Point Series. Eds. Kenneth V. Lanning and Ann Wolbert Burgess. Alexandria, Virginia: National Center for Missing & Exploited Children, 1995.

61 Appendix III: Additional Reading

Bolton, Frank G., Jr., et al. Males At Risk. Newbury Linedecker, Clifford L. Children in Chains. New Park, California: Sage Publications, 1989. York: Everest House, 1981.

Burgess, Ann Wolbert. Child Pornography and Sex MacFarland, Kee and Jill Waterman. Sexual Abuse of Rings. Lexington, Massachusetts: Lexington Books, Young Children. New York: Guilford Press, 1986. 1984. Mathews, Ruth, et al. Female Sexual Offenders: An Burgess, Ann Wolbert; A. Nicholas Groth; and Exploratory Study. Orwell, Vermont: Safer Society Lynda Lytle Holmstrom. Sexual Assault of Children Press, 1989. and Adolescents. Lexington, Massachusetts: Lexington Books, 1978. O’Brien, Shirley. Child Pornography. Dubuque, Iowa: Kendall Hunt, 1983. Colao, Flora and Tamar Hosansky. Your Children Should Know. New York: Bobbs-Merrill, 1983. O’Carroll, Tom. Paedophilia: The Radical Case. Lon- don: Peter Owen, 1980. Crewdson, John. By Silence Betrayed. Boston, Massa- chusetts: Little Brown, 1988. Rush, Florence. The Best Kept Secret: Sexual Abuse of Children. New York: McGraw-Hill, 1980. Cunningham, Carolyn and Kee MacFarland. When Children Molest Children. Orwell, Vermont: Safer Soci- Sanford, Linda Tschirhart. The Silent Children: A Book ety Press, 1992. for Parents about the Prevention of Child Sexual Abuse. New York: McGraw-Hill, 1981. De Young, Mary. The Sexual Victimization of Children. Jefferson, North Carolina: McFarland and Company, Sgroi, Suzanne M. Handbook of Clinical Intervention 1982. in Child Sexual Abuse. Lexington, Massachusetts, Lex- ington Books, 1982. Eberle, Paul and Shirley Eberle. The Politics of Child Abuse. Secaucus, New Jersey: Lyle Stuart, 1986. Tsang, Daniel, ed. The Age Taboo. Boston, Massachu- setts: Alyson Publications, 1981. Goldstein, Seth L. The Sexual Exploitation of Chil- dren. New York: Elsevier, 1987. Whitcomb, Debra, et al. When the Victim Is a Child. 2nd edition. Washington, D.C.: National Institute of Hechler, David. The Battle and the Backlash. Lexington, Justice, 1992. Massachusetts: D.C. Heath, 1988.

Lanning, Kenneth V. Child Sex Rings: A Behavioral ______Analysis. 2nd edition. Alexandria, Virginia: National NOTE: Several of these books are useful for the law Center for Missing & Exploited Children, 1992. enforcement investigator interested in ex- amining the attitudes of those advocating sexual relations with children.

63 Appendix IV:

65 Appendix V

Sexual Victimization of Children

I II III

Sexually Abused Children Sexually Exploited Children Missing Children

A. Victims A. Pornography A. Runaways (homeless)

1. Extent and effect 1. Commercial/homemade 1. Thrown away/lured away (a) girls/boys 2. Technical/simulated 2. From abuse (sexual?) (b) age 3. Child erotica 3. To exploitation (sexual?) 2. Indicators (a) evaluation 3. Investigative difficulties 4. Collection B. Lost/Injured (a) fantasy B. Victim/Offender (b) validation C. Parental Abduction (c) souvenir 1. Relationship 5. Use of computers 1. Mother/father (?) (a) stranger 2. Good/bad parent (?) (b) relative B. Sex Rings 3. UFAP (c) acquaintance 2. Violence 1. Ongoing access D. Abduction 3. Seduction process 2. Offender-victim bond 3. Types 1. Nontraditional C. Offenders (a) historical 2. Profit (b) multidimensional 3. Ransom 1. Situational 4. Sexual (a) regressed C. Prostitution (a) keep (b) morally indiscriminate (b) return (c) sexually indiscriminate 1. Runaways (c) discard (d) inadequate 2. Gender and age (d) kill 2. Preferential (pedophile) 3. Life span 5. Child killer (a) seduction 4. Customers (a) organized (b) introvert (a) situational (b) disorganized (c) sadistic (b) preferential (c) parent 6. Miscellaneous criminal

67 National Center for Missing & Exploited Children

The National Center for Missing & Exploited Children (NCMEC), established in 1984 as a private, nonprofit organization, serves as a clearinghouse of information on missing and exploited children; provides technical assistance to citizens and law enforcement agencies; offers training programs to law enforcement and social service professionals; distributes photographs and descriptions of missing children nationwide; coordinates child protection efforts with the private sector; networks with nonprofit service providers and state clearinghouses on missing person cases; and provides information on effective state legislation to ensure the protection of children per 42 USC 5771 and 42 USC 5780.

A 24-hour, toll-free telephone/CyberTipline is available for those who have information on missing and exploited children at 1-800-THE-LOST (1-800-843-5678)/www.cybertipline.com. This telephone number is available throughout the United States and Canada. The toll-free number when dialing from Mexico is 001-800-843-5678. The “phone free” number when dialing from Europe is 00-800-0843-5678. The TDD line is 1-800-826-7653. The NCMEC business number when dialing within the United States is 703-274-3900, and the facsimile number is 703-274-2222. The business number when dialing from any other country is 001-703-522-9320.

For information on the services offered by our NCMEC branches, please call them directly in California at 714-508-0150, Florida at 561-848-1900, Kansas City at 816-361-4554, New York at 716-242-0900, and South Carolina at 803-254-2326.

A number of publications addressing various aspects of the missing and exploited child issue are available free of charge in single copies by contacting the National Center for Missing & Exploited Children’s Publications Department.

Printed on Recycled Paper

Charles B. Wang International Children's Building 699 Prince Street Alexandria, Virginia 22314-3175 www.missingkids.com 2-86-005-3

Contents

Foreword

1. Definitions of Terms

2. A Law Enforcement Typology

3. Problem Areas

4. Identifying Pedophiles

5. Collection of Child Pornography and Erotica

6. After Identification

7. Investigative Difficulties

Appendix I: Considerations in Obtaining and Using Exper- tise Search Warrants in Cases of Preferential Child Molesters

Appendix II: References

Appendix III: Additional Reading

Appendix IV: Cycle of Violence

Appendix V: Sexual Victimization of Children