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Pornography and Sex Crimes in the Czech Republic

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Pornography and Sex Crimes in the Czech Republic See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/49644341 Pornography and Sex Crimes in the Czech Republic Article in Archives of Sexual Behavior · November 2010 DOI: 10.1007/s10508-010-9696-y · Source: PubMed CITATIONS READS 49 13,163 3 authors: Milton Diamond Eva Jozifkova University of Hawaiʻi at Mānoa Jan Evangelista Purkyně University 118 PUBLICATIONS 3,359 CITATIONS 21 PUBLICATIONS 370 CITATIONS SEE PROFILE SEE PROFILE Petr Weiss Charles University in Prague 154 PUBLICATIONS 653 CITATIONS SEE PROFILE Some of the authors of this publication are also working on these related projects: Evolutionary backround of sexual practices View project The Lancet, Transgender Health Series, June 2016 View project All content following this page was uploaded by Milton Diamond on 04 June 2014. The user has requested enhancement of the downloaded file. Arch Sex Behav DOI 10.1007/s10508-010-9696-y ORIGINAL PAPER Pornography and Sex Crimes in the Czech Republic Milton Diamond • Eva Jozifkova • Petr Weiss Received: 29 July 2009 / Revised: 30 August 2010 / Accepted: 30 August 2010 Ó Springer Science+Business Media, LLC 2010 Abstract Pornography continues to be a contentious mat- Introduction ter with those on the one side arguing it detrimental to society while others argue it is pleasurable to many and a feature of One of the most contentious areas of expression and free speech free speech. The advent of the Internet with the ready avail- is that related to the presentation of sexual matters. Different ability of sexually explicit materials thereon particularly has factions in many societies object in different ways. Some are seemed to raise questions of its influence. Following the opposed toany graphic or open depiction ordiscussionof topics effects of a new law in the Czech Republic that allowed remotely related to sex; others desire an end to even minor pornographytoasocietypreviouslyhavingforbiddenitallowed restrictions on such displays. Certainly, people differ widely on us to monitor the change in sex related crime that followed the what might be considered pornographic; some people even see change. As found in all other countries in which the phe- popular magazines like Playboy pornographic (Asiaone, 2008). nomenon has been studied, rape and other sex crimes did not Extremists in the debate argue that pornography is a catalyst increase. Of particular note is that this country, like Denmark promoting sex crimes and rape in particular. Such persons have and Japan, had a prolonged interval during which possession their own broad definition of pornography. of child pornography was not illegal and, like those other Among the most prominent expressions against pornogra- countries, showed a significant decrease in the incidence of phy are in the works of Dworkin (1981) and MacKinnon and child sex abuse. Dworkin (1988). These women are so convinced of the neg- ative effects of such materials they believe they ought to be Keywords Pornography Á Rape Á Child sex abuse Á restricted in availability and made illegal. On the other hand, Internet Á Sex crimes Á Murder there are many women in favor of sexually explicit materials (SEM) or at least against its censorship (McElroy, 1997;Ne- witz, 2002;Strossen,1995; Tiefer, 1995). The anti-censorship and pro pornography side of the argument holds that pornog- raphy is an expression of fantasies that provide pleasure (Christensen, 1990), are media that can inhibit sexual activity (Wolf, 2003), and materials that can even act as a positive M. Diamond (&) displacement activity for sexual aggression (D’Amato, 2006; Pacific Center for Sex and Society, John A. Burns School of Goldstein, Kant, Judd, Rice, & Green, 1971). Medicine, University of Hawaii, 1960 East-West Road, In an effort to study this issue, research has often been to Honolulu, HI 96822, USA expose subjects—usually university students—to SEM and e-mail: [email protected] then, with pencil and paper survey testing, evaluate their E. Jozifkova responses to questions posed as if these would be a reflection of Department of Biology, J. E. Purkynje University, U´ stı´nad Labem, their actual behavior (Donnerstein, Linz, & Penrod, 1987). A Czech Republic more fruitful method, started by the Danish researcher Kut- P. Weiss chinsky, was to see what actually happened in those countries Institute of Sexology, Charles University, Prague, Czech Republic that transitioned from having a strict ban on SEM availability 123 Arch Sex Behav to a situation where the material was decriminalized. Using With the end of communism and the coming of democracy in data gathered from various governmental records, Kutchinsky November and December 1989, application of the laws regard- (1991) compared the relevant increase in available SEM fol- ing the dissemination and availability of pornography were con- lowing the liberalization of anti-pornography laws in Denmark, siderably loosened so that even the possession of child por- Sweden, West Germany, and the U.S. with both pre- and post- nography was not illegal. This period covers 18 years of major liberalization data regarding sex crimes reported in these coun- sociopolitical changes, including the country’s Velvet Revo- tries. His research found that, in the countries studied, the rates lution, first free elections, establishment of a democratic gov- of rape, sexual assault, and other sex crimes either decreased or ernment to replace communism (1990), and peaceful separation essentially remained stable following the ready availability of from Slovakia. Our study period ended with data from 2007.1 erotic materials of all sorts. In none did sex crimes of any type In the Czech Republic, the laws concerning pornography increase. are somewhat vague. The Czech Criminal Code (Act No. 140/ Other countries have been investigated to see if Kutchinsky’s 1961, as amended) leaves the exact definition of these legal findings would hold across diverse cultures and traditions. terms to case law and to jurisprudence. As a result, it does not Three Asian locations studied, Japan (Diamond & Uchiyama, explicitly define pornographic works. According to Czech 1999), Shanghai, China (Diamond, 1999) and Hong Kong (Ng legal practice, a pornographic work can be any product that &Ma,2001) with very different histories and social structures directly or by means of technical devices (e.g., film, video, the from those studied earlier, also found that available govern- Internet) affects and stimulates the sexual instinct in a very mentrecords showedthat, while the amountand availabilityof intense and obtrusive manner. Essentially, any‘‘material endan- pornography increased, the rates of sexual crimes decreased. gering morality’’may be considered excessively sexually gra- Reassessmentofthesituation intheU.S.(Diamond,1999)also phic and subject to criminal penalty. Section 205 of the Czech supported this pattern, as did studies conducted in Croatia criminal code is the principal regulation applicable to the dis- (Landripet, Stulhofer, & Diamond, 2006) and Finland (Dia- tribution of pornography. The basis for this law has been in mond & Kontula, 2010). existence since 1961. In practice, the law essentially prohibits The current article reports findings from a Slavic country, the production, dissemination, trafficking, or sale of sex related the Czech Republic, with its own religious and cultural tradi- materials in any form that might be considered socially dam- tions unlike any previously studied. During the 1948–1989 aging. Under the communist regime, the law was very broadly communistregime, the lawsand customs wereextremely puri- interpreted. Police and court actions would even judge nude tanical. Pornography, by any definition was absolutely pro- pictures as social ills and impose punishments. The criteria hibited. Even the depiction of naked bodies, as well as descrip- for determining the materials illegality was not specifically tions of sexual activities in fictional novels or magazines, were stipulated. almost non-existent. With the 1989 transition to democracy in Judgment as to the acceptability or not of the materials’ thecountrythe ban onpornography wasliftedanda sexualper- characteristics were determined by sexologists and psychol- missiveness followed. In 1990, the availability and ownership ogists appointed by a judge for the item’s review. Currently, as of SEM increased explosively. Even the possession of child in the past, particular attention is given to subjects involving sex pornography was not a criminal offense. with children or animals and somehow judged ‘‘humiliating to human dignity.’’The punishments can range from confiscation of the materials and fine or imprisonment of 2–5 years. Sexual crimes, such as rape, attempted rape, sexual assault, Method and child sex abuse,are consideredmajoroffenses. Sex related offenses, such as peeping and indecent exposure, are consid- Subjects ered of lesser consequence. The Ministry of Interior maintains data separately on all these types of sex behaviors. Czechoslovakia (Ceskoslovensko) had been a sovereign fed- Prior to 2000, only interactions that involved genital–gen- erated government formed in 1918 and consisting of two sep- ital heterosexual intercourse were considered rape or attemp- arate states. On 1 January 1993, the federation peacefully split ted rape. From the year 2000, however, changes in the law into the Czech Republic and Slovakia. Prior to the division, all judicial and police data were kept separate for each state and compiled
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