THE CLEAR, THE NOT SO CLEAR AND THE DOWNRIGHT CONFUSING: GAINING A BETTER UNDERSTANDING OF THE RISKS POSED TO YOUTH WHO ARE EXPOSED TO , SEXUAL EXPLOITATION & SEXUALLY ABUSIVE BEHAVIOUR

Dr. Russell Pratt, Statewide Principal Practitioner, Office of Professional Practice, DHHS NSW Legal Aid Conference August 7, 2015 AIMS OF THE PRESENTATION

Look at:  Pornography’s impact on youth, and how to make sense of this,  Youth with sexually abusive behaviours (some of them are in our system due to porn exposure),  System responses. DEFINING PORNOGRAPHY

 Printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic rather than aesthetic or emotional feelings.  Media or photographs showing erotic or sexual behaviour in a way designed to cause sexual arousal. Pornography is protected by the free speech provision of the First Amendment to the United States Constitution, unless it is found to be obscene. See also obscenity. (Websters Law Dictionary),  “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it” Justice Potter Stewart 1964.

PORN IS EVERYWHERE… AND JUST WHAT IS PORN ANYWAY – CAN WE DEFINE IT? IT’S NOT ACTUALLY WHAT WE THINK OF AS PORN…

http://news.ninemsn.com.au/entertainment/8494960/kids- rap --video inappropriate-- for children AND WHAT MESSAGE DOES THIS IMAGE SEND?

http://newsone.com/2024243/booty-pop-youtube-albert-roundtree-jr/ PATTERNS OF NORMATIVE SEXUAL PRACTICE HAVE CHANGED – THANKS TO PORN.

The impact of technology on pornography Easier, faster, higher quality (better) access to pornography Pornography itself has changed Shaped attitudes, beliefs and knowledge about sex A ‘set’ script The script is distasteful (? – debatable) PATTERNS OF ADOLESCENT SEXUAL PRACTICE HAVE CHANGED,

5th National Survey of Australian Secondary Students and Sexual Health (2013-14) Latrobe University (Mitchell et. Al., 2014) 2136 students 39% male, 61% female Year 10 – year 12 Completed every five years FINDINGS – ‘REAL SEX’

2008 2013 Intercourse: year 10 27% 23%  year 12 56% 50% Deep kissing (all) 79% 68% Touching genitals (all) 65% 52% Oral sex (all) 44% 39% Anal sex (all) n/r 9% FINDINGS – ‘REMOTE SEX’

43% of students had sent a sexually explicit text 54% had received a sexually explicit text 26% had sent an explicit or nude photo/video of self 9% had sent one of someone else 42% had received an explicit or nude photo/video of someone else 22% had used a social media site for sex reasons HISTORY: THE POST-1970 EVOLUTION OF ‘NON-PORN’ PORN REMEMBER – PORN HAS BEEN AROUND FOR A LONG TIME. THE EVOLUTION OF ‘ACTUAL PORN: POST-1970  1970’s hard-core sex with a story THE EVOLUTION OF ‘ACTUAL PORN’:POST-1970

 1980’s – 1990’s Look at my new video camera! The home made revolution THE EVOLUTION OF ‘ACTUAL PORN’ POST-1970 – 2000 AND BEYOND –SHOCK GONZO PORN THE EVOLUTION OF ‘ACTUAL PORN’: POST-1970

Now: Gonzo and shock porn

“Reading…an investigation into the gonzo pornography world…one of the most disturbing pieces of journalism I’ve ever read.

Gang bangs, torture, debasement of the most sickening kind.

But hey, it’s just business. The Taliban stone women, we act outraged, spend billions trying to destroy them. And here in the land of the free?

We dress girls up, shove sh*t in their mouths, make them plead for more, smile while they’re being tortured, them with multiple partners in multiple entry points.

Annual US sales, $10 billion. Worldwide porn industry sales are more than Apple, Google, Amazon and Microsoft combined.”

Gonzo Barbie – Empire of Illusion. Source: https://ninaberman.wordpress.com/page/11/ PORNOGRAPHY- GENDER ISSUES

. Majority of research indicates that significantly more boys and young men access pornography than girls and young women)

. Boys and young men are also likely to access pornography more frequently, view it more positively and consider its usage a valuable source of information on sex education (Hovarth et al, 2013; Skau, 2011) PORNOGRAPHY IS PROBLEMATIC – FOR SOME KIDS: SIGNS OF PROBLEMATIC EXPOSURE TO PORNOGRAPHY COULD INCLUDE:

 Indications that pornography is interfering with day-to-day activities  Less interest in human face-to-face interaction and more time spent at the computer  A tendency to utilise the internet in private and to block or hide content from others when they engage with the young person at or near the computer  Obsessive deletion of the browsing history  Suggestions or comments that are indicative of a knowledge of sexual content above age-appropriate levels  Obsessive or harmful (injurious) sexual activity (including obsessive masturbation)  Fetish-like interests of a sexual nature  An obsessive or high degree of anxiety, frustration or anger when denied access to pornographic websites. PORNOGRAPHY AND SEXUAL BEHAVIOUR

. Access and exposure to pornography can contribute to engagement in risky sexual behaviour (Horvarth et al 2013)

. Viewing pornography does not lead to engaging in sexually harmful behaviours, but adolescents who sexually abused reported more exposure to porn than those who engaged in non sexual crimes (Burton et al 2010) PORNOGRAPHY AND SEXUAL BEHAVIOUR

. Research has shown that repeated exposure to pornography can lead to desensitisation about the material and contribute to the distorted views of what is considered acceptable in relationships (Shuler and Prescott),

. For young people at risk, viewing of pornography had increased the likelihood of engaging in coercive sexual behaviour, sexually aggressive language and sex with animals (Owens et. al.: 2012). PORNOGRAPHY AND SEXUAL BEHAVIOR: SKAU & BARBOUR 2011

470 Adolescents (average age 19), Initial exposure to pornographic material prior to age 10 compared to age 10 or older; . Engaged in more sexually questionable acts, . Reported a desire to engage in more varied sexual behaviours, . More sexually aroused by violence, . Consume more pornography late in life, . Spend more time per week looking at pornography. (Skau and Barbour 2011 presentation at ATSA) SKAU & BARBOUR (CONT.)

 Skau & Barbour also highlighted the difficulties of attributing problematic behaviour to pornography, quoting Slade (2001) on the “truth” about pornography:

“Some pornography under some circumstances may affect some people in some ways some of the time”. PORNOGRAPHY AND SEXUAL BEHAVIOUR Children lack the context for understanding explicit sex and may experience feelings of confusion, embarrassment and fear, Reluctance in seeking adult support to make sense of this, coupled with the child’s emotional response may lead to pornography having a disproportionate influence in a child life, A lack of alternative pictorial representations of sex and life experiences further reinforces these images. (Skau & Barbour, 2011) PORNOGRAPHY: AN INSTRUCTIONAL MANUAL?

 Cited studies suggest that earlier access to pornography may either contribute to or impact upon sexual development, through earlier onset sexual activity,  May also impact sexually abusive behaviours, impacting upon both a young person’s interest in engaging in sexual activity and also their ability to engage successfully in sexual acts,  Furthermore, desensitisation may be an issue where large quantities of hard core porn have been viewed, although again, this is only one risk factor amongst the many known,  One thing seems clear: pornography provides a “how to” manual, showing every possible angle of what goes where and who can do what to whom, as well as providing sexual stimulation and shaping patterns of sexual arousal,  When coupled with other risk factors present in the young person’s life, pairing the ”how to” with the sexual stimulation provided by pornography may both equip and prime youth to undertake more advanced sexual practices earlier than they otherwise might or earlier than those who have not accessed pornography, simply because they have just that - a template for what to do, based on the graphic nature of pornography. YOUTH EXHIBITING SEXUALLY ABUSIVE BEHAVIOURS

 The relationship between pornography exposure and engagement in sexually abusive behaviours is neither well researched nor understood,  Horvarth and colleagues (2013) suggest that access and exposure to pornography may contribute to engagement in risky sexual behaviour,  Burton et al. (2010) found that viewing pornography did not lead to engagement in sexually harmful behaviours; however, adolescents who sexually abused reported more exposure to porn than those who engaged in non-sexual crimes (Burton et. al., 2010),  In line with these findings, for youth who were deemed “at-risk,” the viewing of pornography increased the likelihood of engaging in coercive sexual behaviour, sexually aggressive language, and sex with animals (Owens et. al., 2012),  Moreover, repeated exposure to pornography was found to desensitise youth to the material viewed and to lead to distorted views of what are ”acceptable” behaviours in relationships (Prescott & Shuler, 2011). YOUTH EXHIBITING SEXUALLY ABUSIVE BEHAVIOUR

 This, however, does not logically lead to a firm conclusion that pornography use in particular lays a path to sexually abusive behaviour.  However, it does seem to make logical sense that pornography consumption will likely impact upon and influence the development of sexual scripts, sexual behaviours, sexual interests, and sexual beliefs of young people,  Given the high rates of consumption of pornography in the general community, both for adults and for adolescents, it seems that the majority of people who view pornography do not go on to sexually harm others,  Although links between sexual violence, aggressive sexual practices, and pornography consumption have been more clearly explored and potentially linked in adult samples (Malamuth, Addison. & Koss, 2000), no such links have yet been established in adolescent populations and the role of pornography in juvenile sexually abusive behaviour remains unclear in adolescent and early adult samples. YOUTH EXHIBITING SEXUALLY ABUSIVE BEHAVIOUR: LEGISLATIVE & LEGAL ISSUES SAB/NSW LEGISLATION: THERAPEUTIC TREATMENT ORDERS

 Under the Child Care & Protection Act S.75,  Therapeutic Treatment Orders – available in the civil jurisdiction,  Have ‘reportedly’, been used three times in the past 6-7 years,  As part of the TTO, parents and family members may also be ordered to undertake treatment (e.g.: drug and alcohol, family therapy, MBC),  Can be utilised ONLY when there are no criminal proceedings,  The view expressed by some Magistrates is that in the face of an order being sought, families “agree”. This is not appropriate and as may be anticipated, families in this compelled informal position do not follow through. NEW STREET SERVICES/NSW HEALTH

 New Streets are a network of NSW Health services in 4 Local Health Districts out of 5 sites (Sydney and central Coast, Hunter New England, Western NSW and Illawarra Shoalhaven – Illawarra Shoalhaven not ready to see clients until end of this year, recruiting now),  There is also the “New Street Model” the focus of Service Standards and Procedures for these services,  NSW Health also provides Under 10’s services through over 150 services. NEW STREET SERVICES VS. JJ SERVICE

 New Street is both a ‘brand’ and a ‘description’,  Treatment at New Street or Juvenile Justice (JJ) …. A matter of pathways,  If a youth is charged it means JJ and not New Street. As a consequence, while New Street and JJ cover same age range, New Street has younger average age of client, 13 years old compared to 16 years old for JJ,  New Street has double JJ’s proportion of sibling sexual abuse cases (50% Vs 25%),  Have both under and over 10 services (for this talk lets stick to 10+). YOUTH JUSTICE CLIENTS

 If youth are charged and make admissions then enter a plea, they are immediately eligible for a YJ service,  With a focus on attaining psychological therapeutic service,  The YJ service was closed for some time, however has been recently re­ opened with regional clinical psychologists providing services to youth,  However ‘may’ follow an ‘adult-focused’ model,  Treatment provided to youth aged 10-17, however may also service young people up to age 23. EARLY INTERVENTION BRINGS POSITIVE RESULTS

Case Outcome by Age (N = 831)

300

250

200

0 - 5 years 150 6 - 9 years 10 - 14 years 100

50

0 Goals reached (a) Goals reached (b) Goals reached (c) No goals reached fully substantially partially EG.: 12 YEAR OLD S/A YOUNGER SIBLING

 Family might report, or report made by professional (all are mandatory reporters)  Report made to help line run by FaCS,  If report meets criteria, JIRT (JRU) tri-agency response, Police, Health and Community Services,  Does the report meet the statutory definition of “risk of serious harm” & “potential criminality”?,  JRU response from unit nearest child who was harmed,  Actual investigation done by Police and Community Services,  When engaged with Health, information provided re services such as counselling. Where required Health provides medical forensic examination,  There could be a referral to a New St, but after investigation completed. DROPOUT IS AN ISSUE

 Dropout rates in programs is an issue as program non-completion is associated with sexual re-offence,  New Streets were 30% dropout (similar to what was found in NZ programs) and voluntary counselling services in general,  However targeted intervention now sees 15% dropout, comprising: - 8% actual dropout, - 7% of families moved – redirected to another program. TOWARDS SOME CONCLUSIONS

NO studies have looked at the relationships between whether exposure to pornography by an adolescent provides a ‘template’ for sexual actions, At the very least, pornography consumption is problematic for some children and adolescents, We must protect children under 12 as much as possible from viewing porn. The impacts seem too problematic up until then, We should view sexually abusive behaviours as a deviation from a positive developmental track, rather than the commencement of a life-long slide into sexual offending – the stats back this approach up across all jurisdictions, Early intervention is vital – and this creates dilemmas for you. DILEMMAS FOR LEGAL AID PRACTITIONERS

 The notion of presenting a “not guilty” defence can become a moral dilemma for lawyers. May involve:  Recommending client to disengage from therapy,  Not to make disclosures,  There’s no incentive to enter a plea,  Children aged 10 and 11 in detention,  Delays therapeutic intervention, usually by months and often over 12 months. Anecdotally, in this period, further abusive behaviour reported. THE END - REALITY VERSUS ‘BRUCE WILLIS’

In the meantime: Can we teach our children to treat pornography like a Bruce Willis action flick? The onslaught of online pornography wont and cannot be stopped, Teaching youth to be ‘savvy consumers’, Highlights the importance of quality, ‘real’ sex education. CONTACT DETAILS

Russ Pratt [email protected] Ph: 0430 530 125 REFERENCES

Aebi, M., Plattner, B., Ernest, M., Kaszynski, K., & Bessler, C. (2014). Criminal history and future offending of juveniles convicted of the possession of . Sexual Abuse : A Journal of Research and Treatment, 26(4), 375-390.

Berman, Nina (2011), Gonzo Barbie – Age of Illusion. https://ninaberman.wordpress.com/page/11/

Burton, D. L., Leibowitz, G. S., Booxbaum, A. & Howard, A. (2010). Comparison by crime type of juvenile delinquents on pornography exposure: The absence of relationships between exposure to pornography and sexual offense characteristics, Journal of Forensic Nursing, 6, 121-129.

Carpentier, Auclair & Quenneville (2013

Curwen, T, Jenkins, J. M., & Worling, J. R. (2014) Differentiating Children with and without a History of Repeated Problematic Sexual behaviour, Journal of Child Sexual Abuse, 23(4), pp. 462-480.

Guy, R. J, Patton, G.C., & Kaidor, J.M. (2012) and adolescent health. Medical Journal of Australia, 196 (9), pp. 546-547. REFERENCES

Horvath, M.A.H., Alys, L., Massey, K., Pina, A., Scally, M., & Adler, J.R. (2013). “Basically...Porn is everywhere”, A rapid assessment on the effect that access and exposure to pornography has on children and young people. Report commissioned by the Children’s commissioned by the UK Children’s Commissioner, 2013.

Malamuth, N., Addison, T., & Koss, M. (2000). Pornography and sexual aggression: Are there reliable effects and can we understand them? Annual Review of Sex Research, 11, 2691.

Mitchell, A., Patrick, K., Haywood, W., Blackman, P., & Pitts, M. (2014). National Survey of Australian Secondary Students and Sexual Health 2013, (ARCSHS Monograph Series No 97), Australian Research Centre in Sex, Health and Society, Latrobe University, Melbourne, Australia.

Owens, E.W., Behun, E.W., Manning, R.J., & Reid, R.C. (2012). The impact of internet pornography on adolescents: A review of the research. & Compulsivity, 19, 99-122.

Prentky, R., & Righthand, S. (2003). Juvenile sex offender assessment protocol-II: Manual. Office of Juvenile Justice and Delinquency Prevention. Washington, DC. Publication NCJ 202316. REFERENCES

Peter, J. & Valkenburg, P. M., (2011). The use of sexually explicit internet material and its antecedents: A longitudinal comparison of adolescents and adults. Archives of Sexual behaviour, 40 (5).1015-1025. Prescott, D.S., & Schuler, S.A. (2011). Pornography and its Place in the Assessment and Treatment of Adolescents who have sexually abused. Neari Press. Holyoke, MA. Skau, B. (2007). Who has seen what when? Pornography’s contribution to the social construction of sexuality during childhood and adolescence. Unpublished Doctoral Thesis, Wilfrid Laurier University, 2007. Skau, B. & Barbour, H. (2011). The pursuit of “Good Sex” in a pornified world: Assisting adolescents in constructing positive sexual scripts. Paper presented at the 30th Annual ATSA Conference, Toronto, Ontario, Canada. Slade, J. (2001). Pornography and sexual representation: A reference guide. Vol. 3. Westport, CT: Greenwood Press. Worling, J. R., & Curwen, T. (2000). Adolescent sexual offender recidivism: Success of treatment and implications for risk prediction. Child Abuse and Neglect, Vol 24, 965-982. Ybarra, M.L., Mitchell, K.J., Hamburger, M., Diener-West, M., Leaf, J.P. (2011). X-rated material and perpetration of sexually aggressive behaviour among children and adolescents: Is there a link? Aggressive behaviour, 35, 1­ 18.