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NATIONAL ~ CENTER FOR I-' M MISSING& EXPLOITED ..CHILDREN Child Molesters: A Behavioral Analysis

For Law Enforcement Officers Investigating Cases of Child N Sexual LO Exploitation N m In cooperation with the Federal Bureau of Investigation ~ r- ______~ 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

© National Center for Missing & Exploited Children 149252 U.S. Department of Justice National Institute of Justice

This document has been reproduced exactly as received from the p~rson or organization originating it. Points of view or opinions stated In thiS document are those of the authors and do not necessarily represont the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been gr1iJa~1I1 ctr. for Missing & Exploited Children/DOJ/FBI to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner.

Prepared under Cooperative Agreement #86-MC-CX-K003 and revised and reprinted under Cooperative Agreement #92-MC-CX-K001 from the Office of Juvenile Justice and Delin­ quency Prevention, Office ofJustice Assistance, Research, and Statistics, U.S. Deparhnent 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. Deparhnent of Justice.

A version of this book was published in Practical 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 Pornography and Erotica 23 Child Pornography 24 Child Erotica (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. InvestiGtl.tive 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 Na­ children by nonfamily members tional Academy, the Federal Law Enforce­ • 4,600 abductions by nonfamily ment Training Center, and the National Cen­ members reported to police ter for Missing and Exploited Children • 300 abductions by nonfamily mem­ (NCMEC). In fact, through September 1992, bers where the children were, gone NCME,C 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 enforce­ • 354,000 children abducted by fam­ ment for information and publications on spe­ ily members cific investigative topics. Since its inception, • 450,700 children who rp'n away NCMEC has published and distributed free of o 127,100 children who were thrown charge 260,000 copies of two such training away publications: Parental Kidnapping and the • 438,200 children who were lost, in­ Investigator's Guide to Missing Child Cases. jured, or otherwise missing In December 1989 NCMEC published a companion text to Child Molesters: A Behavioral The link between missing and sexually Analysis, entitled Child Sex Rings: A Behavioral exploited children is a -strong one. For ex­ Analysis, also by Kenneth Lanning, which pre­ ample, from July 1980 through February 1984, sents the latest information on investigating the police / social work team of the Louisville / child sex rings and ritualistic abuse. The sec­ Jefferson County Exploited and Missing Child ond edition of this text was issued in April Unit (EMCU) in Kentucky investigated ap­ 1992. proximately 1,400 cases of children suspected Currently, a prime mission is to extend the of being victims of sexual exploitation. A full facilities of NCMEC to the law enforcement 54 percent (756) of the children were found to practitioner community for the purpose of' be victims and an additional 31 percent (434) publishing short books or monographs on of the children were considered probable vic­ sexually exploited children or pedophiles­ tims. During this time period the EMCU particularly as these subjects relate to the miss­ prosecuted hundreds of adults for various ing child phenomenon. Our aim is to merge crimes involving the sexual exploitation of various U.S. Department of Justice initiatives children. Over 40 major cases resulted in the for proactive marketing in order to expand the successful prosecution of adults involved with practical effect of all our efforts. over 12 children each. As a society our efforts to prevent crimes Even though the EMCU was reputed to be against children have not kept pace with the the national model of investigations in sexu­ increasing vulnerability of our young citizens. ally exploited children by the end of the third In May 1990 the U.S. Department of Justice year of work, such was only to demonstrate an released a study reporting that in 1988 there effective" ambulance service at the base of the were as many as: cliffs." A new approach was needed. As a

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proactive effort for the early intervention into the adult-abused as a child-becomes the this cycle of sexual exploitation, the EMCU 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 indi­ Any criminal behavior that appears con­ cated that up to 85 percent of these commer­ sistently and universally must be recognized cially exploited children were missing at the as having high predictive and preventative 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 Kemleth 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 practi­ kept tearn members very much aware of street cal importance to law enforcement investiga­ activity, identified havens for missing youths, tors. 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 inves­ were never to be used in any endangering tigator, Mr. Lanning's typology offers a con­ capacity nor allowed to volunteer to do so to struct for investigators that provides insight further an investigation. This background and guidance in practicing child protection­ experience clearly indicated that the status not just labeling it for treatment. The ability to itself of being missing (runaway, homeless, understand and recognize the behavior of child abducted, etc.) is a very large window for molesters before their arrest or identification is entrance into child sexual exploitation. a prime weapon for the investigator handling

Furthermore, the cycle of violence (see IfAp­ cases of sexual abuse or exploitation. If inves­ pendix IV,") now appears as beginning with tigators can qetter understand how and 'Why child abuse within the family and extending to molesters have sex with children, child pro­ missing child episodes that present the arena tection officials are in a much better position to for exploitation of the child. With maturation, detect, identify, arrest, convict, and obtain

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

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 Ifannoy, 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 differentimages 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 as tranger to his victim and not a fa ther 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, differentiates ness concerning sexual abuse of children has between nonviolent child molesters who coax resulted in the frequent use of the term or pressure the child into sexual activity and pedophile. At one time this term was almost violent child rapists who overpower or exclusively used by psychologists and psy­ threaten to harm their victims (see "Appendix chiatrists. Dr. Groth's categorization defines a II: References"). Most would probably not child molester as having a sexual attraction apply the term child molester to a man who toward prepubertal children (pedophilia) or utilizes the services of an adolescent prosti­ sexual attraction toward pubertal children tute. For law enforcement officers, the term (hebephilia). The term hebephile (sometimes child molester is more likely to conform to a spelled ephebophilia) is rarely used today, even legal definition of sexual molestation set forth by mental health professionals. Although in the penal code. sexual attraction to pubescent children by

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adults has the obvious potential for criminal sexual disorders. Technically, pedophilia is a activity, it does not necessarily constitute a psychiatric diagnosis that can only be made by sexual perversion as defined by psychiatry. qualified psychologists or psychiatrists. There­ However, many people, including the media, fore, for many, the word is a diagnostic term, now routinely refer to those who sexually not a legal one. abuse children as pedophiles. This term is Its increasing use has, however, to some being used more and more by law enforce~ degree brought this term outside the exclusive ment personnel. It has even entered their purview of psychiatric diagnosis. Just as some­ slang usage-with some officers talking about one can refer to another as being "paranoid" investigating a "pedo case" or being assigned without implying a psychiatric diagnosis or 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 es~ New Collegiate Dictionary contains a good sential 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, in­ sexual object." For the purposes of this book, volving 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 q:msidered 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 ply because he is nice, goes to church, works psychosocial stresf Drs, or substance abuse. A hard, is kind to animals, and so on, is absurd. sexual deviancy is commonly considered as Pedophiles span the full spectrum from saints behavior that is not normal, and adults having to monsters. In spite of this fact, over and over sex with and! or a sexual attraction to children again pedophiles are not recognized, investi­ is considered beyond the norm. Second, it gated, charged, convicted, or sent to prison refers to this sexual activity as occurring with simply because they are "nice guys." prepubescent children. In spite of this, many It is also importantto recognize that, while mental health professionals continue to apply pedophiles prefer to have sex with children, the term to those with a sexual preference for they can and do have sex with adults. Adult pubescentteenagers. In DSM-III-R pedophilia sexual rela tionships are more difficult for some is classified as a paraphilia, one of the psycho- pedophiles than for others. Some pedophiles

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'------~-~--- ~-- have sex with adults as part of their effort to act out their sexual fantasies by socially inter­ gain or continue their access to preferred chil­ acting with children or by interjecting them­ dren. For example/one might have occasional selves into the child sexual abuse or exploita­ sex with a single mother to insure continued tion "problem" as overzealous child advo­ access to her children. (See also Child Sex Rings: cates. It is almost impossible to estimate how

A Behavioral Analysis listed in /I Appendix III: many pedophiles exist who have never mo­ Additional Reading.") lested a child. What society can or should do with regard to such individuals is an interest­ Important Distinctions for ing area for discussion but beyond the role of Law Enforcement lawenforcement. People cannot be arrested for their fantasies. It is 1!~ot clear whether any What, then, is the difference between a child of these behaviors constitutes having "acted molester and a pedophile? For many the upon these urges" as required by the DSM-III­ terms have become synonymous. The media 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 per­ Many child molesters are, in fact, son might have a sexual preference for chil­ pedophiles, and many pedophiles are child dren 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 outtheir 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 en­ Hon towards agema tes." In essence, Dr. Groth's forcement officers and prosecutors in devel­ Fixated Child Molester prefers children for oping the evidence needed to identify, arrest, sexual partners and identifies closely with and convict child molesters. If the investigat­ them. The Regressed Child Molester prefers ing officer already has enough evidence to agemates for sexual partners but, because of convict a child molester, then it may be of some precipitating stress in his life, he substi­ small importance whether the molester is a tutes a child for the troubled adult relation­ pedophile or not. But if the investigator is still ship (see /I Appendix II: References"). attempting to develop incriminating evidence, A more recent classifica tion typology is the such distinctions can be invaluable. Even if oile developed by Raymond A. Knight, Ph.D., there is enough evidence to convict a child and Robert A. Prentky, Ph.D., that classifies molester, the fact that a molesterisa pedophile child molesters based on the following five could still be important in evaluating the po­ elements: social competence, sexual preoccu­ tential for additional child victims. pation with children, nonoffense contact with children, physical injury to child, and sadism. Classification Typologies The typology was empirically developed through statistical analysis and is technically Probably the first, and maybe still the most referred to as factor analytically derived tax­ common, classification typology for child mo­ onomy. Although it sounds complicated, the lesters is the one developed by Dr. Groth, who typology makes sense and provides useful classifies sexual offenders against children into insights for criminal justice professionals. It is two groups on the basis of whether this in­ being utilized in the Case in Point series pub­ volvement constitutes a persistent pattern (a lished by the National Center for 1tIissing and fixation) or a new activity or change (a regres­ Exploited Children to classify the offenders sion) in their sexual orientations or lifestyles. interviewed for research purposes by the FBI. Dr. Groth further explains that the Fixated Both of these classification systems were Child Molester is one ':whose primary sexual developed for and are used primarily by psy­ orientation is towards children," and the Re­ chologists evaluating and treating child mo­ gressed Child Molester is one "whose sexual lesters. These two systems and the DSM-III-R involvement with a child is a clear departure, diagnostic system require that the offender be under stress, from a primary sexual orienta- identified and available for evaluation.

4 2. A Law Enforcement Typology

Too often the terms child molester and pedophile strong case that the perpetrator pleads guilty are used interchangeably or without defining and there is no trial. This may not always be them. In fact, not all child molesters are possible, but it should be the investigative pedophiles, and there is a clear need for a law goal. Many children can testify in court if enforcement typology to clear up the conf1.1- necessary. sion. Law enforcement has frequently ac­ The child victim should be carefully inter­ cepted offender categories and characteristics viewed. The information obtained should be developed by therapists and criminologists. evaluated and assessed, and appropriate in­ These typologies, however, primarily serve vestigative action should be taken. The inves­ the needs of mental health professionals and tigator, however, should proceed as though have limited application to those of law en­ he or she has information about a crime from forcement. These typologies are usually de­ a reliable source whose identity cannot be veloped from data collected from offenders revealed. The investigator should be an objec­ after arrest or conviction and often reflect tive fact finder attempting to determine what unsubstantiated information about pre-arrest happened. behavior. It is the pre-arrest or pre-identifica­ One way to avoid child victim testimony is tion behavior of child molesters that is of most to avail yourself of other evidence that might 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, con­ izes.Much of this evidence can be identified fessed offender in front of them. Lawenforce­ and located only if the investigator has a solid ment and prosecutors need a typology that understanding of offender behavior patterns can be applied before the perpetrator is iden­ and the kinds of child molesters. tified 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 fl prove. Frequently there is only the word of a tial (see II 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 portantobjective 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 di-

5 agnostic 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 insight children as a sexual substitute for the pre­ or understanding about why child molesters ferred peer sex partner. Precipitating stress have sex with children in order to help or treat may playa bigger role in his molesting behav­ them, but to recognize and evaluate how child ior. His main victim criterion seems to be molesters have sex with children in order to availability, which is why many of these of­ identify, arrest, and convict them. What evi­ fenders molest their own children. His princi­ dence to look for, whether there are additional pal method of 9peration is to coerce the child victims, how to interview a suspect, and so on, into having sex. This type of Situational Child depend on the type of child molester involved. Molester mayor may not collect child or adult pornography. If he does have child pornogra­ Situational Child Molesters phy, it will usually be the best kind from an investigative point of view: homemade pho­ The Situational Child Molester does not have tographs or videos of the child he is molesting. a true sexual preference for children, but en­ Although this type of child molester may be gages in sex with children for varied and very common, not many cases involving this sometimes complex reasons. For such a child pattern of behavior are referred to the FBI molester, sex with children may range from a Behavioral Science Unit for case consultation. "once-in-a-lifetime" act to along-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 chi~d tial molesting. The Situational Child Molester molesters. For this individual, the sexual abuse usually has fewer numbers of different child of children is simply part of a general pattern victims. Other vulnerable individuals, such as of abuse in his life. He is a user and abuser of the elderly, sick, or the disabled, may also be at people. He abuses his wife, friends, cowork­ a risk of sexual victimization by him or her. ers. He lies, cheats, or steals whenever he For example, the Situational Child Molester thinks he can get away with it. He molests who sexually abuses children in a daycare children for a simple reason: "Why not?" His center might leave that job and begin to sexu­ primary victim criteria are vulnerability and ally abuse elderly people in a nursing home. It opportunity. He has the urge, a child is there, is the author's undocumented opinion that the and so he acts. He typically uses force, lures, number of Situational Child Molesters is larger or manipulation to obtain his victims. He may and increasing faster than that of Preferential violently or nonviolently abduct his victims. Child Molesters. Members of lower socioeco­ Although his victims frequently are strangers nomic groups tend to be overrepresented or acquaintances, it is impo~tant for the inves­ among Situational Child Molesters. Within tigator to realize that his victims can also be the this category at least four major patterns of offender's own children. The incestuous fa­ behavior emerge (see also Table 1 on page 10). ther or mother might be this morally indis­ criminate offender. He frequently collects deLctive 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. Al­ dren out of insecurity or curiosity. He finds though the previously described Morally In­ children to be nonthreatening objects with discriminate offender often is a sexual experi­ whom he can explore his sexualfantasies. The menter, this individual differs in that he ap­ child victim could be someone he knows or a pears to be discriminating in his behavior random stranger. In some cases the victim except when it comes to sex. He is the "try­ might be a specific "stranger" selected as a sexuaY'-willing to try anything sexuaL Much substitute for a specific adult (possibly a rela­ of his behavior is similar to and is most often tive of the child) whom the offender is afraid confused with the Preferential Child Molester . of approaching directly. Often his sexual ac­ While he may have clearly defined paraphilic tivity with children is the result of built-up or sexual preferences-bondage or sadomas­ impulses. Some of these individuals find it ochism, etc.-however, he has no real sexual difficult to express anger and hostility, which preference for children. His basic motivation then builds until it explodes-possibly against is 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 thus, however, could be among the elderly as previously existing sexual activity. Again, it is well as children-anyone who appears help­ important to realize that these children may be less at first sight. He might collect pornogra­ his own. Although much of his sexual activity phy, but it will most likely be of adults. with adults may not be criminal, such an indi­ Almost any child molester is capable of vidual may also provide his children to other violence or even murder to avoid identifica­ adults as part of group sex, spouse-swapping tion. In spite of a few notable exceptions, activity, or even as part of some bizarre ritual. however-Theodore Frank in California and Of all Situational Child Molesters, he is by far Gary Arthur Bishop in Utah-most of the the most likely to have multiple victims, be sexually motivated child murderers profiled from a higher socioeconomic background, and and assessed' by the FBI Behavioral Science collect pornography and erotica. Child por­ Unit have involved Situational Child Molest­ nography will only be a small portion of his ers, especially the morally indiscriminate and potentially large and varied collection, how­ inadequate patterns of behavior. Low social ever. competence seems to be the most significant risk factor in why a child molester might ab­

Inadequate This pattern of behavior is also duct their victims. (See /I Appendix II: Refer­ difficult to define and includes those suffering ences.") Sadistic and morally indiscriminate from psychoses, eccentric personality disor­ Preferential Molesters (pedophiles) who kill ders/ mental retardation, and senility. In will be discussed later in this chapter.

i

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

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

IfAppendix II: References.") (See also" Appendix V: Sexual Victimization of Children." )

9 Table J Situational Child Molester

Morally Sexually Regressed Inadequate Indiscriminate Indiscrimirzate

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

Insecurity Motivation Substitution Why not? Boredom and curiosity

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

Methodo! Lure, force, Involve in Exploits size, Coercion Operation or manipulation existing activity advantage

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

Table 2 Preferential Child Molester

Seduction Introverted Sadistic

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

Fear of Need'to Motivatioll Identification communication inflict pain

Victim Age and gender Strangers Age ar.4 gender Criteria preferences or very young preferences

Methodo! 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 inhuman behavior. The words "alwaysll 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 that problems with any diagnostic or classification might, in some cases, involve children. There system is taking the time to carefully and are cases in which pedophiles are also psycho­ properly apply it. Because of lack of training pathic con artists, paranoid survivalists, or or high work loads, social workers, investiga­ even serial killers. One particularly difficult tors, and prosecutors frequently do not take offender to deal with is the morally indis­ the time to adequately evaluate offender pat­ criminate Preferential Child Molester. If an terns of behavior. Split second decisions and offender has a sexual preference for children stereotypes often determine how an alleged and at the same time has no conscience, there perpetrator is classified. The law enforcement is no limit on how he might sexually victimize typology described in the previous chapter children. Such an offender is likely to abduct involves two broad categories of child molest­ or murder children. While his preferential ers (Sihlational and Preferential) and seven sexual interest in children affects his victim subcategories of patterns of behavior. These selection, however, most of his behavior is patterns of behavior are not necessarilymutu­ determined by a shmning lack of conscience. ally exclusive. He is best viewed as a morally indiscriminate offender and should be investigated and in­ Combination Offenders terviewed as such. When an offender seems to fit into more than one pattern of behavior, it is A Preferential Child Molester (pedophile) best to choose the broadest or Inost compre­ might have other psychosexual disorders, hensive 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 (paraphilias), 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 recognize that the subjects involved could (zoophilia), 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 pornographYl 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 Other incestuous fathers are morally in­ (pedophile) who married simply to gain ac­ discriminate individuals whose sexual abuse cess to children. In many cases, he has mo­ of children is only a small part of their prob­ lested children outside the marriage or chil­ lem. They are cunning, manipulative indi­ dren in previous marriages. The possibility viduals who can convincingly deny the allega­ that an incestuous father might molest chil­ tions against them or, if the evidence is over­ dren outside the home or commit other sex whelming, claim they need "help with their offenses seems to be beyond the comprehen­ problem." Their personality disorder is more sion of many child abuse professionals. Even serious than even pedophilia and probably when they intellectually admit the possibility, more difficult to treat. their professional actions indicate otherwise.

12

"------~~- _._------Female Offenders that the author has defined preferential mo­ lesting from a male sexual behavior perspec­ Where do female child molesters fit into this tive. This is a new area that needf1 additional typology? The answer is unknown at this 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 in­ females is far more prevalent than most people creased attention involves adolescent offend­ believe. ers. In past years, adolescent child molesters Many people believe that sex between an were usually dismissed with "boys will be older woman and an adolescent boy is not boys" or "he's just going through a stage." molestation but a "rite of passage." Further­ Adolescent child molesters can fit into either more, sexual activity between women and broad category and any of the patterns of young children is difficult to identify. Fe­ behavior described in this book. Frighten­ males are the primary caretakers in our society ingly, though, many of the cases seen by the and can dress, bathe, change, examine, and author involving adolescent child molesters touch children with little suspicion. seem to fit the morally indiscriminate pattern Many of the recent cases involving sexual of behavior. These adolescent offenders must abuse in daycare centers involve female of­ be carefully evaluated for proper intervention fenders. The apparent sexual activity in some and treatment whenever possible. of these cases may in fact be physical abuse In addition, adolescent (and even younger) directed at sexually significant body parts (e.g., sex offenders should always be viewed as past genitals, nipples, etc.). There are many cases or current victims of sexual abuse in the broad­ in which females actively participate in the est sense. This might also include psychologi­ sexual abuse of children with an adult male cal sexual abuse, inappropriate exposure to accomplice. Sometimes the female assumes sexually explicit material, and the repeated or the role of "teaching" the child victim about inappropriate witnessing of adult sexual ac­ sexual activity. In other cases the female ap­ tivity. Recognizing and then investigating pears to be motivated by more serious emo­ this victimization can lead to the identification tional and psychological problems. It is rare to of additional offenders and victims. The sexual find a case, however, in which a female of­ abuse of younger children by an older child fender fits the dynamics of the Preferential should always be viewed as an indication that Child Molester. This may be due to the fact the older child was sexually abused.

13 4. Identifying Pedophiles

Sexual exploitation is a term used to describe average of 1.8 partners. He also found that the sexual victimization of children, involving 23.3 percent of the 561 subjects offended against child pornography, child sex rings, and child both family and nonfamily targets. Although prostitution. While offenders utilizing the pedophiles vary greatly, their sexual behavior services of a child prostitute maybe either is repetitive and highly predictable. Knowl­ Situational or Preferential Child Molesters, edge of these sexual behavioral patterns or those involved in child pornography and child characteristics is extremely valuable to the law sex rings are predominately Preferential Child , enforcement investigator. Molesters. And, although a variety of indi­ These highly predictable and repetitive viduals sexually abuse children, Preferential behavior patterns make cases involving Pref­ Child Molesters, or pedophiles, are the pri­ erential Child Molesters far easier to investi­ mary sexual exploiters of children. (For the gate than those involving Situational Child purpose of our law enforcement typology, Molesters. If enough of these characteristics pedophile is used interchangeably with Prefer­ can be identified through investigation, many ential Child Molester.) of the remaining ones can be assumed. Most An important step in investigating the dif­ of these indicators mean little by themselves. ficult cases of child sexual victimization is to As they are identified and accumulated recognize and identify, if present, the highly through investigation, however, they can con­ predictable sexual behavior patterns of Pref­ stitute reason to believe a certain offender is a erential Child Molesters, or pedophiles. First, Preferential Child :Molester. You do not have it is essential that the law enforcement inves­ proof beyond a reasonable doubt, but you tigator attempt to determine if an offender is a 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 Preferen: A Preferential Child Molester might molest tial Child Molester (pedophile) are 1) long­ ten, fifty, hundreds, or even a thousand chil­ term and persistent pattern of behavior, 2) dren in a lifetime, depeilding on the offender children as preferred sexual objects, 3) well­ and how broadly or narrowlyyou,~efine child developed techniques in obtaining victims, molestation. In his study of 561 sex offenderst and 4) sexual fantasies focusing on children. Dr. Gene Abel found pedophiles who targeted These characteristics, together with the listed young boys outside the home committed the indicators, will assist the investigator in iden­ greatest number of crimes with an average of tifying the Preferential Child Molester and 281.7 acts with an average of 150.2 partners. collecting the evidence necessary to arrest and Molesters who targeted girls within the family convict him. At the outset, it must be stated committed an average of 81.3 acts with an and emphasized that the indicators alone mean

15 little. Their significance and weight comes as this type of individual to be prema­ they are accumulated and come to form a turely separated from the military with pattern of behavior. If the investigator deter­ no specific reason given or available. mines the existence of enough of these indica­ The military, like most organizations, tors, there is probable cause to believe the was frequently interested in only get­ individual is a Preferential offender. In order ting rid of such individuals and not to identify these indicators, the investigator necessarily in prosecuting them. For­ must be willing to go beyond the typical back­ tunat~ly, this attitude seems to be chang­ ground check of date of birth and credit and ing. criminal histories and learn everything legally possible. Indicators and counter-indicators Frequent and unexpected moves When must be identified and evaluated. they are identified, pedophiles are fre­ quently "asked" to leave town by some­ 1. Long-Term and Persistent Pattern of one in authority, by the parent of one of Behavior the victims, or by an employer. This was, and still is, a common way to deal Sexual abuse in background Although with the problem. The result is that most victims of child sexual abuse do pedophiles frequently show a pattern not become offenders, research indi­ of living in one place for several years cates that many offenders are former with a good job and then suddenly and victims. It is well worth the for no apparent reason moving and investigator's time and effort to deter­ changing jobs. Chances are the investi­ mine if a suspect had ever been the gator will find no official record of what victim of sexual abuse and what was happened. The pedophile will usually the nature of the abuse (age it occurred, have an explanation for the move, but it relationship with offender, acts per­ probably will not reflect the true cir­ formed, etc.). cumstances. This moving pattern can sometimes be determined from exami­ Limited social contact as teenagers The nation of drivers license records. pedophile's sexual preference for chil­ dren usually begins in early adoles­ Prior arrests In some cases, pedophiles cence. Therefore, during his teenage have previously been arrested for child years he may have exhibited little sexual molestation or sexual abuse. Certainly, interest in people his own age. But, as such an arrest record is a major indica­ with several of these indicators, that tor, particularly jf the arrest goes back fact alone means little. ma11Y years or is repeated. Investiga­ tors must also be alert to the fact that Premature separation from milifary If an pedophiles may have arrest i'ecords 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 bad It was far more common, though, for checks, violath1.g child labor laws, or

16 other violations that may indicate a have a sexual preference for children, need to check further. Any arrest of an pedophiles usually have some degree adult in the company of a child not his of difficulty in performing sexually with own should be evaluated with suspi­ adults. Therefore, they typically do not cion. The investigator should attempt marry. Some pedophiles, though, do to get copies of the reports concerning enter into marriage for specific reasons, the arrests in order to evaluate their and these 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 is a pedophile. The fact that an indi­ pedophile. More important, if '?ther vidual who possesses many ofthe other factors indicate that the offender is a traits discussed here and also lives alone pedophile then a concerted effort might be significant. should be made to identify the multiple victims. If you know of only one vic­ Limited dating 1'elationships if not married tim, but have reason to believe the of­ A man who lives alone, has never been fender is a pedophile, then begin look­ married, and does not date should ing for the other victims. For instance, arouse suspicion if he possesses other ifa teacher who is a suspected pedophile characteristics discussed here. molests one child in his class, the chances are high that he has molested If married, "special" relationship with or attempted to molest other children spouse When they do marry, pedophiles in the class as well as children in all the often marry either a strong, domineer­ other classes he has taught. This is also ing woman or a weak, passive woman­ true of incest offenders suspected of child. In any case; they will marry a being Preferential Child Molesters. woman who does not have high sexual expectations or needs. A woman mar­ Planned, repeated, or high-risk attempts ried to a pedophile may not realize that Bold and repeated attempts to obtain her husband is a pedophile but she children that have been carried out in a does know he has a "problem"-a cunning and skillful manner is a strong sexual performance problem. Because indication that the offender is a she may blame herself for this problem pedophile. and because of the private nature of people's sex lives, most wives will usu­ 2. Children as Preferred Sexual Objects ally not reveal this information to an· investigator. However, a wife, ex-wife, Over 25, single, never married By itself, or girlfriend should always be consid­ this indicator means nothing. It has ered as a possible source of information significance only when combined with concerning the sexual preferences of an several other indicators. Because they offender. Pedophiles sometimes marry

17 for convenience or cover. Pedophiles age preference of the pedophile, the marrying to gain access to children is more exclusive the gender preference. 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 la, while anothermightprefe~ maybe it is. This is not proof that some­ boys 6 to 12. A pedophile's age prefer­ one is a pedophile, but it is a reason to ence might not even correspond ex­ be suspicious. It becomes more signifi­ actly with the legal definitions of a child cant when this excessiveinterestis com­ or minor. For example, a pedophile bined with other indicators discussed might prefer sexual partners 13 to 19. here. How old a child looks and acts is more important than actual chronological Associates and circle of friends are young age. A 13-year-old child who looks and In addition to sexual activity, acts like a 10-year-old child could be a pedophiles frequently socialize with victim target for a molester preferring 8 children and get involved in youth ac­ to 10 year olds. For the introverted tivities. They may hang around Preferential Child Molester, how old schoolyards, arcades, shopping cen­ the child looks is more important than ters-any place that children frequent. how old the child acts. Puberty seems Their "friends" may be male, female, or to be an important dividing line for both sexes, very young or teenagers, all many pedophiles. This is only an age depending on the age and gender pref­ and gender preference, not an exclu­ erences of the pedophile. sive limita tion. Any individual express­ ing a strong desire to care for or adopt Limited peer relationships Because they only a child of a very specific sex and cannot share the most important part of age (other than an infant) should be their life (their sexual interest in chil­ viewed with some suspicion. dren) with most adults, pedophiles may have a limited number of close adult Refers to children as "clean," "pure," "in­ friends. Only other pedophiles will nocent," "impish," etc., or as objects validate their sexual behavior. If a sus­ Pedophiles sometimes have an idealis­ pected pedophile has a close adult tic view of children that is expressed in friend, the possibility that the friend is their language and writing. Others also a pedophile must be considered. sometimes refer to children as if they were objects, projects, or possessions. Age and gender preference Most "This kid has low mileage" and "I've pedophiles prefer children of a certain been working on this project for six sex in a certain age range. The older the months" are typical comments.

18 ------

3. "VeIl-Developed Techniques in Ob­ lice officer). The pedophile may also taining Victims become a scout leader, Big Brother, fos­ ter parent, Little League coach, and so Skilled at identiftjing vulnerable victims on. The pedophile may operate a busi­ Some pedophiles can watch a group of ness that hires adolescentb. In one case children for a brief period of time and known to the author, a pedophile mar­ then select a potential target. More ried, had a daughter, and he molested often than not, the selected child turns 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 Inolested 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. 1£ guys" in the neighborhood who like to you understand the courtship process, entertain the children after school or it should not be difficult to understand take them on day or weekend trips. why some child victims develop posi­ Also, a pedophile may seek employ­ tive feelings for the offender. Many ment where he will be in contact with people can understand why an incest . children (teacher, camp counselor, victim might not report his or her fa­ babysitter, school bus driver) or where ther, but they cannot understand why a he can eventually specialize in dealing victim not related to the offender· does with children (physician, dentist, min­ not immediately report molestation. ister, photographer, social worker, po- There are many reasons for a victim not

19 I

I I immediately reporting molestation Shows sexually explicit material to chil­ I (fear, blackmail, embarrassment, con­ dren Any adult who shows sexually I fusion), but the results of the seduction explicit material to children of any age process are often ignored or not under­ should be viewed with suspicion. This I stood 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 al­ I to operate a child sex ring involving low children to call a dial-a-porn ser­ I 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 psychology, 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 dis­ might have their homes decorated the closed. 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 chil­ boys. After developing the pictures, he dren This is another indicator that must fantasized about having sex with them. be considered for evaluation only in Such a pedophile might frequent play­ connection with other indicators. grounds, youth athletic contests, child Pedophiles might collect toys or dolls, beauty pageants, or child exercise bund 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 erotica older children might have a "hobby" This is one of the most significant char­ involving alcohol, drugs, or pornogra­ acteristics of pedophiles, discussed in phy. 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 be­ suspect that a particular subject or suspect is a cause the more interviews conducted to ob­ Preferential Child Molester, the investigator tain the needed probable cause for a search should utilize the three most important warrant, the greater the chance the pedophile pedophile indicators to his or her investiga­ will learn of the investigation and move or tive advantage. These three indicators are hide his collection. Child pornography, espe­ access to children, multiple victims, and col­ cially that produced by the offender, is one of lection 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, personalletters, diaries, clothing, sexual colleetion; 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 R. verting more and more to videotape systems. Hartman and Ann W. Burgess identified four They are even converting their books, maga­ kinds of collectors: 1) "closet," 2) "isolated," 3) zines, photographs, and movies to videotape. "cottage," and 4) "commercial." The "closet For less than $1,000, a pedophile can have his collector" keeps his collection a secret and is own video camera and two video records, not actively involved in molesting children. which give him the capability to produce and Materials are usually purchased discreetly duplicate child pornography and erotica with through commercial channels. The "isolated little fear of discovery. collector" is actively molesting children as Situational Child Molesters might also col­ well as collecting child pornography or erotica. lect pornography but not with the high degree Fear of discovery overrides his need for active of predictability of the Preferential Child Mo­ validation and causes him to keep his activity lester. In addition, child pornography will a secret between only himself and his victims. comprise a small percentage of the total collec- His collection may include pictures of his vic- 23 tims taken by him as well as material from Child pornography can be divided into other sources. The"cottage collector" shares two subcategories: commercial and home­ his collection and sexual activity with other made. Commercial child pornography is that individuals. This is usually done primarily to which is produced and intended for commer­ validate his behavior, and money or profit is cial sale. Because of strict federal and state not a significant factor. Photographs, video­ laws today, there is no place in the United tapes, and "war stories" are swapped and States where commercial pornography is traded with other child molesters (and some­ knowingly openly sold. In the United States it times, unknowingly, with undercoverinvesti­ is primarily a cottage industry run by gators). The IIcommercial collector" recog­ pedophiles and child molesters. The commer­ nizes the monetary value of his collection and cial child pornography still being distributed sells his duplicates to other collectors. Al­ in the United States is smuggled in from for­ though profit is an important motive, these eign countries-primarily by pedophiles. The individuals are usually active sexual molest­ risks are usually too high for the strictly com­ ers 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 the lar industry run by organized crime or satanic main customers for this material. Some of­ cults. fenders collect their commercial child pornog­ raphy in ways (e.g., ph,otographs of pictures in Child Pornography magazines, pictures cut up and mounted in photo albums, names and descriptive infor­ What the pedophile collects can be divided mation written below, homemade labels on into two categories: child pornography and commercial videotapes) tha t make it appear to child erotica. Child pornography can be behav­ be homemade child pornography. If neces­ iorally (not legally) defined as the sexually sary highly experienced investigators and fo­ explicit reproduction of a child's image-in­ rensic laboratories could be of assistance in cluding sexually explicit photographs, nega­ making distinctions between homemade and tives, slides, magazines, movies, videotapes, commercially produced child pornography. and computer disks. In essence, it is the per­ Contrary to what its name implies, the manent record of the sexual abuse or exploita­ quality of homemade child pornography can tion of an actual child. In order to be legally be as good if not better than the quality of any child pornography, it must be a visual depic­ commercial pornography. The pedophile has tion (not the written word), or a minor (as a personal interest in the product. Homemade defined by statute),. which is sexually explicit simply means it was not originally produced (not necessarily obscene, unless required by primarily for commercial sale. Although com­ state law). Child pornography, by itself, rep­ mercial child pornography is not openly sold resents an act of sexual abuse or exploitation of anywhere in this country, homemade child a child and, by itself, does harm to that 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 fotmd in the homes and offices of old girl or boy is technical child pornography. doctors)awyers, 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 pos­ and homemade child pornography. Some­ session of this child pornography could and times homemade child pornography is sold or should be investigated under appropriate child winds up in commercial child pornography pornography statutes. Technical child por­ magazines, movies, or videos. The same pic­ nography is an exception to much of what we tures are reproduced and circulated again and say about child pornography. It often is pro­ again. With rapidly increasing frequency, duced, distributed, and consumed by indi­ more and more of both commercial and home­ viduals 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 fe­ in prepubescent child pornography were not males are not legally child pornography. But abducted into sexual slavery. They were se­ 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 is cause they have been seduced into the activity 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 illus­ parents took the pictures or made them avail­ trates the importance and sometimes the diffi­ able for others to take the pictures. Children in culty 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 chil­ dren-especially runaways or thrownaways dren pretending to be overage models pre­ being exploited by morally indiscriminate tending to be underage children .. pimps or profiteers. In contrast to adult por­ Unlike child erotica, child pornography nography, butconsistentwiththegenderpref­ requires a child to be victimized. A child had erence of most preferential child molesters, to be sexually exploited to produce the mate­ there are more boys than girls in child pornog­ rial. Children used in pornography are desen­ raphy. sitized and conditioned to respond as sexual In understanding the nature of child por­ objects. They are frequently ashamed of their nography, the law enforcement officer must portrayal in such material. They must deal recognize the distinction between technical and with the permanency, longevity, and circula­ simulated child pornography. The Child Pro- tion 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 vic­ Child prostitution "Men's" magazines tims 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 frcnu 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 informa­ is young forever and the material can be used tion about access to children. Detective maga­ over and over again for years. Some children zines saved by pedophiles usually contain have even committed crimes in attempts to stories about crimes against children. The retrieve or destroy the permanent records of "men's" magazines collected may have ar­ their luolestation. 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 chil­ Child erotica is a broader and more encompass­ dren should be carefully investigated to deter­ ing term than child pornography. It can be mine possible involvement in abduction, most defined as any material, relating to children, pedophiles collect this material to help ratio­ that serves a sexual purpose for a given indi­ nalize their behavior as child "lovers," not vidual. Some of the more common types of abductors. Personal ads include those in child erotica include toys, games, drawings, "swinger" magazines, video magazines, and fantasy writings, diaries, souvenirs, sexual newspapers, and may mention "family fun," aids, manuals, letters, books about children, "family activity," "Europeanmaterial/' "youth psychological books on pedophilia, and ordi­ training/' "unusual and bizarre/' "better life/' nary photographs of children. Child erotica and so on. Erotic novels may contain stories might also be referred to as pedophile parapher­ about sex with children but without sexually nalia. Generally, possession and distribution explicit photographs. They may contain of these items does not constitute a violation of sketches or drawings. Materials concerning the law. current or proposed laws dealing with sex For investigative purposes, child emtica abuse; arrested, convicted or acquitted child can be divided into the categories below. molesters; or investigative techniques used by law enforcement are common. . Published Material Relating to Children Ex­ amples of this include books, magazines, ar­ Unpublished Material Relating to Children ticles, or videotapes dealing with any of the Examples include items such as the following: following areas: 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 Dir~ctories usually contain information on Jewelry and personal items where to locate children. Newsletters and Audiotapes bulletins are distributed by pedophile sup­ Letters and notes Charts and records port 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. IVlanuscripts 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 records souvenir purposes are usually from past child might include canceled checks used to pay victims and discuss what the two did together victims or to purchase pornography or erotica. and how much the victims like the offender. Personal items could even include victims' Pictures, Photographs, and Videotapes of fingernails, hair, or underwear. Children Examples include children found in the following: Miscellaneous This category can include items used in courting children: Photography, art, or sex education books Photography albums and displays Candid shots Computers and peripheral equipment Photocopies of photographs or pictures Sexual aids Drawings and tracings TOyFi, games, and dolls Poster and paintings Costumes Advertisements ChHd- or youth-oriented decorations Children's television programs or videos Video and photography equipment Cut-and-paste pictures Alcohol and drugs Digitally encoded images on computer or CD-ROM disks Costumes include those worn by the of­ fender and by the children. Cut-and-paste involves creating new pic­ tures by cutting and pasting parts of old ones. Motivation for Collection Seized videotapes should always be viewed or scanned in their entirety because a variety It is difficult to know with certainty why of material, including hard-core child pornog­ pedophiles collect child pornography and raphy, could be on anyone tape. Some erotica. There may be as many reasons as pedophiles cut out pictures of children from there are pedophiles. Collecting this material magazines and put them in albums as if they may help pedophiles satisfy, deal with, or were photographs. Visual images of children reinforce their compulsive, persistent sexual can be on computer and CD-ROM disks (which fantasies about children. Some child erotica is resemble audio CDs). collected as a substitute for preferred but un­ available child pornography. Souvenirs and Trophies Examples may in­ Collecting may also fulfill needs for valida­ clude mementos of children, listed below: tion. Many pedophiles collect academic and scientific books and articles on the nature of Photographs pedophilia in an effort to understand and Articles of c~othing justify their own behavior. For the same rea-

27 son, pedophiles often collect and distribute The need to validate their behavior and to articles and manuals written by pedophiles in have souvenirs of their relationships are the which they attempt to justify and rationalize motivations most overlooked by investigators their behavior. In this material pedophiles when evaluating the significance of the por­ share techniques for finding and seducing nography and erotica collections of pedophiles. children and avoiding or dealing with the criminal justice system. Pedophiles get pas­ Use of Collection .sive validation from the books and articles they read and collect. Although the reasons why pedophiles collect Pedophiles swap pornographic photo­ child pornography and erotica are conjecture,. graphs the way boys swap baseball cards. As . we can be more certain as to how this material they add to their collections, they get strong is used. Study and police investigations have reinforcement from each other for their behav­ identified certain criminal uses of the mate­ ior. The collecting. and trading process be­ rial. comes a common bond. Pedophiles get active Child pornography and child erotica are validation from other pedophiles; some .vic-· used for the sexual arousal and gratification of tims, and occasionally from undercover law pedophiles. They use child pornography the enforcement officers operating "sting" opera­ same way other people use adult pornogra­ tions. Fear of discovery or identification causes phy-to feed sexual fantasies. Some some pedophiles to settle only for passive pedophiles only collect and fant.asize about validation. the material without acting out the fantasies, The need for validation may also partially but in most cases the arousal and fantasy explain why some pedophiles compulsively fueled by the pornography is only a prelude to and systematically save the collected material. actual sexual activity with children. . It is almost as though each .communication A second use of child pornography and and photograph is evidence of the value and erotica is to lower children's inhibitions. A legitimacy of their behavior. For example, one child who is reluctant'to engage in sexual pedophile sends another pedophile a letter, activity with an adult or to pose for sexually enclosing photographs and describing his explicit photos can sometimes be convinced sexual activities with children. At the letter's by viewing other children having "fun" par­ conclusion he asks the receiver to destroy the ticipating in the activity. Peer pressure can letter because it could be damaging evidence have a tremendous effect on children; if other against him. Six months later police find the children are involved, the child might be led to letter-carefully filed as part of the pedophile's believe that the activity is acceptable. When organized collection. the pornography is used to lower inhibitions, Some of the child pornography and erotica the children portrayed will usually appear to collected by pedophiles is saved as a souvenir be having a good time. or trophy of the relationships with children. Books on human sexuality, sex education, All child victims will grow up and become and sex manuals are also used to lower inhibi­ sexually unattractive to the pedophile. In a tions. Children accept what they see in books, photograph, however, a 9-year-old child stays and many pedophiles have used sex educa­ young forever. This is one reason why many tion books to prove to children that such sexual pedophiles date and label their pictures and behavior is acceptable. Adult pornography is videotapes of children. also used; particularly with adolescent boy victims, to arouse them or to lower inhibitions. 28 A third major use of child pornography Characteristics of Collection collections is blackmail. If a pedophile already has a relationship with a child, seducing the Important The pedophile's collection is usu­ 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 new the child. If the child threatens to tell his or her state and federal laws banning its mere pos­ parents or the authorities, the existence 6£ session will most likely prevent the return of sexually explicit photographs can be an effec­ 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 evaluat­ greater the value of the pornography. ingthe staleness of information used to obtain A fifth use of the collected material is profit. a search warrant. Some people involved in the sale and distribu­ tion of child pornography are not pedophiles; Organized The pedophile usually maintains they are profiteers. In contrast, most detailed, neat, orderly records. There are ex­ pedophiles seem to collect child erotica and ceptions, but the collections of most pedophiles pornography for reasons other than profit. are carefully organized and maintained. As Some pedophiles may begin nonprofit trad­ will be discussed, some pedophiles now use ing, which they pursue until they accumulate 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 pornogra­ way to keep his collection. He might move, phy magazines. Others combine their hide, or give his collection to another pedophile pedophilic jnterests with their profit motive. if he believes the police are investigating him. Some collectors even have their own photo­ Although he might, he is not likely to destroy graphic reproduction equipment. Thus, the the collection: It is his life's work. In some photograph of a child taken with or without cases he might even prefer that the police seize parental knowledge bya neighborhood it and keep it intact in an evidence room where pedophile in any American community can he might retrieve at least some of it when wind up in a commercial child pornography released from prison. One offender is known magazine with worldwide distribution. 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 orga­ Where pedophiles hide their· collections nize 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 ad­ less well concealed. It might be in a trunk, box, dresses of victims and other pedophiles. In­ cabinet, bookcase, or out in the open. The numerable characteristics of victims and sexual child pornography might be better hidden acts can be easily recorded and analyzed. An than the erotica. If living with family mem­ extensive pornography collection can be cata­ bets or others not aware of his activity, it 'will loged by subject matter. Even fantasy writ­ be better concealed. The collection might be ings and other narrative descriptions can be found behind a false panel, in the duct work, 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 com­ business, in a safety deposit box, or in a rented puter 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. The with similar interests. The computer may 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. 1£ the risks of Adolescent boys who spend many hours trafficking in child pornography do not re­ "hacking" on their computers are at particu­ main high, the pure profiteers may even re­ larly high risk of such contacts. The child can turn. be indirectly "victimized" through the trans­ fer of sexually explicit infor11).ation and mate­ The Role of Law Enforcement rial or the child can be evaluated for future face-to-face contact and direct victimization. Police should not expect to find child pornog­ Pedophiles who have turned their child raphy or erotica in all or even most child pornography into a profit-making business sexual abuse cases. It can be found in use computers the same way any business intrafamilial cases. It is most often found in uses them. Lists of customers, dollar amounts cases involving Preferential Child Molesters of transactions, descriptions ofinventory, and (pedophiles) and Sexually Indiscriminate Situ­ so on, can all be recorded on the computer. ational Child Molesters. Investigators can The pedophile can now use'a computer to always attempt to get a warrant to search transfer, manipulate, and even create child based on reliable case specific information pornography. This is a small problem that will that a particular suspect possesses child por­ soon be a big problem. Computer software nography or other evidence of criminal be­ and hardware is being developed so rapidly havior. Probable cause to believe that a sus­ that the potential of this problem is almost pect is a preferential type offender can be used unlimited. The ability to manipulate digital to supplement and strengthen such case spe­ visual images may make it difficult to believe cific information to further justify a search for your eyes when viewing child pornography. child pornography or to justify the expansion Recent television commercials show EltonJohn of the scope of a search to include child erotica. singing with a visual image of Louis Armstrong In order to do this, however, the affidavit for and Paula Abdul dancing with a visual image the search warrant must set forth the probable of Gene Kelly. Soon visual images of com­ cause to believe that the suspect is a Preferen­ puter generated "children" engaging in sexu­ tial Child Molester or offender (not just a child ally explicit conduct may call into question the molester) and set forth expert opinions con­ basis for highly restrictive (i.e., possession, cerning traits and characteristics of such of­ advertising, etc.) child pornography laws. It fenders. In addition, it is the author's opinion would be hard to arg1,le that child pornogra­ that probable cause to believe that an indi­ phy is the permanent record of the abuse or vidual is a Preferential Child Molester consti­ exploitation of an actual child, if no real child tutes probable cause to believe he has a child is involved. Only obscenity laws may apply to pornography / erotica collection. such material. "

31 During any investigation of child sexual suitcase full of little girl's underwear probably abuse, the possible presence of child pornog­ is suspicious. Possession of a few books about raphy and erotica must be explored. For law child development or sex education on a book­ enforcement officers, the existence and dis­ shelf probably has no significance. Possession covery of a child erotica or child pornography of dozens of such books together in a box collection can be of invaluable assistance to 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, erallaw, 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 at information. Names, addresses, and pictures 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 suchmaterial£or 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 I 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 mayor may not be child tures of fully dressed children unrelated to the pornography depending on the totality of facts. suspect probably has significance. Possession Lookirtg only at the visual depiction of the of his own children's underwear in their child does not resolve the issne. 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) aft'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 112S.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. Manypedophiles 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 at­ pictures at swimming meets, wrestling tempting 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 and laws to try and convict normal parents who possess photographs that focus on certain parts simply have photographs of their nude, young of a child's anatomy of particular sexual inter­ children or true professionals who utilize this est to a certain offender. In some photographs material in a professional way. the children may be involved in strange or The real dilemma is that on one hand the 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 nlle the context material is inadmissable with painted bondage-like markings on their because the prejudicial value outweighs the bodies. If commercially produced, the way probative value. the photographs were advertised is important The following criteria are offered Jor 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. Pros'­ courts. The sequence in which the photo­ ecutors must ensure that jurors understand graphs were taken, which can sometimes be that the pedophile's collection of photographs determined from the negatives, can be an inl­ of naked children is not an ordinary one. portant part of the evaluation. Recovered videotapes must be listened to as well as ob­ How They Were Used Pedophiles often use served to evaluate their significance. these photographs to help seduce and lower the inhibitions of children. Pictures of naked How They Were Saved Volume is a signifi­ children could be used to convince children to cant factor here. Pedophiles are more likely to remove their clothing. Investigators should have large numbers of photographs of chil­ attempt to determine how the offender used

I' I dren. One pedophile had 27 large photo al­ such material in his interaction with children. bums filled with pictures of children partially In addition, investigators should attempt to or fully dressed. They are more likely to have determine if the offender sold or traded this their photographs carefully organized and material. cataloged and mounted in binders or albums. Few police officers would ignore or fail to These may be photographs they cut out of seize sexually explicit child pornography magazines, catalogs, or newspapers. Some­ found during a search. But, over and over times sexually explicit captions are written again, officers ignore and leave behind the above, below, or on the pictures. child erotica. Although not as significant or Photographs are frequently marked with damaging as child pornography, child erotica the children's names and ages and the dates is valuable evidence of intent and a source of taken. Sometimes they are also marked with valuable intelligence information. The find­ the children's addresses, physical descriptions, ing of child erotica might also influence bail, a and even the sexual acts they performed. Most guilty plea, and the sentence eventually im­ people who have photographs of their naked posed. children or grandchildren save them as a small The investigative experience of many law part of a wide collection. The pedophile who enforcement officers dealing with pOTl'logra­ collects photographs of children is more likely phy is often limited to commercial pornogra­ to have hundreds of such photographs to­ phy distributed by individuals motivated by gether, and all the children portrayed will be monetary profit. The direct connection be;­ of the same general age. There will be few, if tween the pornography and the sex crimes is any, photographs of these same children when rarely a factor in these kinds of cases. In an they are older. The pedophile offender is also investigation narrowly focused only on the more likely to have enlargements or carefully pornography or obscenity violations, officers arranged groupings of these photographs­ might have legal problems justifying the sei­ even arranged on the wall as a kind of shrine zure of child erotica (pedophile parapherna­ to children. Some material may be placed lia) found when executing a search warrant or ' where child victims will have easy access to it. consent to search. In an investigation more

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

35 60 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 mo­ recognize that even seemingly cooperative lester. This is especially true of the Preferen­ victims may also minimize the quantity and tial 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 par­ The offender may act shocked, surprised, or ticular, may deny or minimize their victimiza­ even indignant about an allegation of sexual tion. activity with children. He may claim to know nothing about it or that he does not remember. Justification Many child molesters, especia11y He might admit to an act but deny the intent preferential molesters, spend their lives at­ was sexual gratification: "Is it a crime to hug tempting 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 be­ neighbors, and coworkers. These associates havior is misunderstood or politically incor­ may be uncooperative and may even hinder rect at this time in history. Plugging into this police investigation of the offender. In any rationalization system is the key to interview­ case, the investigator should anticipate and ing 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 tw'O 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 victim were engaged in for sexual gratification. He was. may be knowledgeable about the law and

37 His efforts to justify his behavior usually Several offenders have recently claimed they center around blaming the victim. This is the are artists victimized by censorship and their single most common rationalization of all collections are works of art protected by the pedophiles. The offender may claim he was first amendment. These stories work particu­ seduced by the victim, thatthevictim initiated larly well when the child molester is a profes­ the sexual activity, or that the victim is promis­ sional, such as a teacher, doctor, or, especially, cuous or even a prostitute. In a few cases, it a therapist. The investigator and prosecutor might even be true. But such a justification has must be prepared to confront such stories and no meaning. A crime has still been committed. attempt to disprove them. Finding child por­ The majo;r legal difference between sex crimes nography or erotica in the possession of the committed against children and adults is that offender is one effective 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 not ing and distributing child pornography for necessarily child molesters, then pedophilia scientific research. A teacher said that his alone cannot be the cause of their child molest­ students had such a desperate need for atten­ ing. 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 /I disclaimer" in the Diagnostic 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 in or­ tor, who had taken and collected thousands of der to enable clinicians and investigators to photographs of young, nude or seminude chil­ diagnose, communicate about, study, and dren in his care, claimed they were not for treat the various mental disorders. It is to be sexual purposes; he simply admired the understood that inclusion here, for clinical anatomy of children. Another offender claimed and research purposes, of a diagnostic cat­ his sadomasochistic photos of children were egory such as Pathological Gambling or part of a child discipline program. One of­ Pedophilia does not imply that the condition fender claimed the children made a sexually meets legal or other nonmedical criteria for explicit videotape without his knowledge and what constitutes mental disease, mental dis­ that he had kept it only to show their parents. order, or mental disability. The clinical and Another offender claimed he was merely keep­ scientific considerations involved in catego­ ing the child warm in his bed on a cold night. rization of these conditions as mental disor-

38 ders may not be wholly relevant to legal tims and witnesses; attack the reputation and judgments, for example, that take into ac­ personal life of the investigating officer; attack count such issues as individual responsibil­ the motives of the F msecutor; claim the case is ity, disability determination, and compe­ selective prosecution; raise issues such as gay tency." 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 organizaHons. term. This book will not attempt to debate The police investigator also must consider whether or not pedophilia is a mental disorder the possibility of physical violence. It would that legally alters criminal responsibility for be a terrible mistake for any police investiga­ behavior. If the behavior of a child molester is tor or prosecutor to think that all child molest­ considered the result of a mental illness, how­ ers are passive people who are easily intimi­ ever, then it must out of necessity be treated as dated. The author is aware of several cases in a II contagious" disease that is, at best, difficult which the arrested child molester was a to cure. The seriousness of the offenses and survivalist with a massive arsenal of weapons the effectiveness of any proposed treatment and explosives. In addition, there are cases in must be carefully evaluated by the court. Treat­ which child molesters murdered their vic­ ment and punishment are not mutually exclu­ tims, including their own children, to keep sive. them from disclosing the sexual abuse. Two different child molesters who had each killed Sympathy Pedophiles may resort to a Ifnice 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 at­ because he does not want to put the children tacking or going on the offensive. The through the trauma of having to testify or pedophile may harass,· threaten, or bribe vic- because he has no more money to defend

39 himself. This problem is compounded by the asking to speak to law enforcement investiga­ fact that it is possible, under the provisions of tors and claiming to have important informa­ a U.S. Supreme Court decision (North Carolina tion about more serious offenses against chil­ v. Alford,400 U.S. 25, 1970) to plead guilty to a dren. They might claim to know about orga­ charge while at the same time not acknowl­ nized child sex rings, child pornography, child edging that you committed the crime. In some prostitution, abduction of children, satanic cases, offenders claimed they pleaded guilty cults, or child murders. Although this reac­ because they knew a jury would convict them, tion is not as common as the others discussed but they /I could not remember committing the here, there are numerous cases in which this crime." Although it is understandable why a has happened. In many of these cases, the prosecutor might accept such a plea in some information furnished has turned out to be cases, its use prevents the offender from hav­ exaggerated, distorted, or patently false. In­ ing to accept public responsibility for his be­ vestigators have no choice but to investigate havior. He is able to plead "guilty, but not and check out such allegations because they guilty"-further confusing the child victim as might be partially or totally true. Investiga­ to who is guilty and innocent. Another varia­ tors, however, must be skeptical and cautious tion of this is thatthe child molester pleads not in their response. Such stories should be care­ guilty by reason of insanity. If state insanity fully evaluated and assessed, and investiga­ criteria allow it, he will claim he knew his acts tors should consider an early use of the poly­ were wrong, but he lacked the ability to con­ graph by an examiner experienced in inter­ form his behavior to the law. The judge and viewing child molesters. jury will then be given the difficult task of differentia ting between an irresistible impulse Suicide One other reaction should also be and an impulse not resisted. anticipated in certain cases. An offender, es­ Confronted with overwhelming evidence, pecially from a middle-class background and many child molesters prefer to plead guilty to with no or one prior arrest, should be consid­ charges with vague names (e.g., contributing ered a high suicide risk at any time after arrest to the delinquency of minors, lewd and las­ or conviction. The law enforcement investiga­ civious conduct, indecent liberties, etc.) so tor should be prepared to be blamed for the that the public will not know what they really offender's death. did. The last thing they want is all the details A wide variety of criminals may react in to come out in court. similar ways when their activity is discovered or investigated. The reactions described above, After Conviction After being convicted and however, have been seen in child molesters sentenced to incarceration, some pedophiles time and time again, particularly in Preferen­ may exhibit another reaction. This involves tial Child Molesters.

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 l.mique 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, min­ cases will be discussed here. isters, 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 a ttentioll 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 in­ treat their victims better than the victims' own formation can be easily exploited by a clever parents do. The seduction child molester ex­ child molester to lower children's inhibitions ploits the child's need for attention and affec­ and gradually seduce them into sexual activ­ tion to his advantage. The child luolester is ity. usually willing to supply all this attention and affection only as long as the child meets his age Easily Led by Adults Many parents specifi­ preferences, however. When the child gets too cally instruct their children to respect and "old," the attention and affection usually turn obey adults. Children are aware that their 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 ani not only not suspicious of adults

41 who want to spend time with their children, television, vid~otapes( 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 ods of time. overzealous interviewers, including parents, therapists, social workers, and police. Need to Defy Parents Many children, espe­ ciallywhen they reach adolescence, 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 mechanism their error. This is especially true of adoles­ known as "isolation of affect." Lawenforce­ cent boys. ment certainly falls into this category of occu­ pations. Police officers quickly learn to hide Children as Witnesses Many children are not their emotions. believed when they report being sexually Any police officer assigned to the investi­ abused and may be subject to harassment in gation of child sexual abuse should be a volun­ court. The truth is that children are not poor teer, even if reluctant at first, who has been witnesses. Neither are they ideal witnesses. carefully selected and trained in this highly Although child witnesses "have many of the specialized work. This kind of work is not for same traits as adult witnesses, the criminal everyone. Each~ officer must decide for him­ justice system must make special allowances self if he can deal with this type of work. Just for the developmental stages of children. In­ as important, the officers working these cases formation furnished by children must be evalu­ must continually monitor themselves. This is ated and assessed like the information fur­ "toxic" work, and each individual has a toler­ nished by any other victim or witness. If ance 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 heoJth 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 photo­ like trying to convince the Air Force of the graphing children, touching children, wres­ existence of UFOs. tling with children, or even looking at chil­ An officer who gets too emotionally in­ dren, can be sexual acts for some individuals. volved in a case is more likely to make mis­ More bizarre acts could also be considered takes and errors in judgment. He may wind sexual acts. In one case, an offender got sexual up losing a case and allowing a child molester gratification from photographing children pre­ to go free because he "violated his rights" in tending they were dead after a make-believe some way. He is also less likely to interview game of cops and robbers. One offender ad­ and assess a child victim objectively. A more nutted "molesting" sixty children but stated detailed discussion of this problem is con­ that the figure did not include the thousands tained in an article entitled "The Maligned of children he merely "touched" for sexual Inv.estigator of Criminal Sexuality." (See" Ap­ gratifica tion. pendix 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 child Is hugging a child a sexual act? Is kissing a molesting as a serious, horrible crime. Even child a sexual act? Is appearing naked in front 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, af­ mation Exchange (PIE), the Child Sensuality fectionate kissing and passionate kissing, acci­ Circle, the Pedo-Alert Network (PAN), and dental nudity and indecent exposure. Prov­ the Lewis Carroll Collector's Guild are all ing it in court can still be difficult. Especially examples of groups that openly advocate adult.. in incest cases, many offenders will attempt to child sex and changing the laws that make it a claim such acts constitute an acceptable, and crime. These groups usually restrict their even desirable, interaction with children. advocacy to "consenting" sexual activity with Even seemingly obvious sexual acts such children, and claim to be opposed to forced as oral-genital contact or oral-breast contact sex with children. can be confusing, especially when the offender In spite of the attention that many of these is a fernale. Is it a sexual act for a mother to organizations have received in the past, it is have her six-month-old baby suck qn her doubtful that they have had any significant breasts? At what age is it unacceptable or impact on American public opinion in gen­ possibly a sexual act? At two years old? At eral. Their greatest threat to society, other 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 com­ outstanding article, "The Indignant Page: munities-especiallyif the molester is a promi­ Techniques of Neutralization in the Publica­ nent citizen. Citizens may protest, and com­ tion of Pedophile Organizations," Dr. Mary munity organizations may rally to the support De Young identifies the three neutralization of the offender and even attack the victims. techniques of such pedophiles as: 1) Denial of City officials may apply pressure to halt or Injury (no harm done to child victim), 2) De­ 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 pro­ nal justice system. And there are nuisance sex fessionals, and sexologists express very simi­ offenses, such as indecent exposure and win­ lar views. These so-called "experts" on hu­ dow peeping, that are generally dealt with man 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 homosexuality. 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 the certain individuals in our society are (for what­ location) of certain kinds of evidence based on ever reason) attracted sexually to children. 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,923F.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 sihlational 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 Analysis present) sexual partners. These photographs (Arlington, Virginia: National Center may include several of the children engaged for :tvIissing and Exploited Children, in sexual activity that the molester will use 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 pjrimary sexual partner frequently ners by showing them that other children par­ display certain behavioral characteristics. ticipate in this kind of activity. These behavioral characteristics are displayed By applying expert knowledge and experi­ so frequently within this population of sexual ence to the facts of a case under investigation, offenders that specially trained and experi­ the investigator should be able to increase the enced law enforcement officers, psychologists, scope of an investigation, focus on additional psychiatrists, etc., may be able to predict, with questions to ask the known child victims, and

45 target additional items of evidence for further to fit this behavioral pattern. Application for investigation and consideration. If the inves­ issuance of "pedophile search warrants" in tigator knows that child molesters who prefer cases in which the suspect does not prefer child sexual partners frequently molest many children as the primary sexual partner may children, the investigator may then consider result in the investigator finding few of the the need to talk to other children who may also described items. A magistrate who is asked to have been victimized by this offender. If the issue many search warrants that ultimately investigator learns that preferential child mo­ prove to be unproductive may begin to ques­ lesters frequently utilize computer equipment tion either the affiant's expertise or (worse) the to store information about their sexual rela­ validity of the entire behavioral analysis. tionships with children or to communicate Therefore, caution is urged in the use of the with other preferential child molesters via a expertise warrant. Do enough investigation to "computer bulletin board," the investigator establish that the suspect is a preferential child may want to expand the scope of his or her molester. Further, corroborate the predictions investigation to include possession and use of in the behavioral profile with facts garnered in computer hardware and software by the sus­ your investigation of the particular suspect. pect. 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 judg­ crime investigation. The officer should be ments about whether or not your suspect is alert for ways in which to broaden the scope of indeed a preferential child molester and what the investigation in many ways and should behaviors (and therefore evidence) one can consider the possibility of pursuing evidence predict a preferential child molester to pos­ from a search warrant (traditional or exper­ sess. Attaching a copy of a behavioral analysis tise) or an otherwise authorized search in ev­ of child m~olesters to a copy of your affidavit ery case. containing case facts is not recommended be­ It is not within the scope of this chaptel'to cause the expert has not considered the facts of conduct a full analysis of the variety of sex~al your particular case and determined that your offenders or paraphilias that have been iden­ suspect is likely to be a preferential child mo­ tifi~d, analyzed, and classified in the psycho­ lester. (Providing your magistrate with addi­ logical literature. It is likely, however, that tional educational materials on the general other preferential sex offenders (e.g., sexual subject is permissible, however, if acceptable sadists) may collect similar items but with to your magistrate.) their collections focusing primarily on their Some additional cautions may be neces­ particular sexual preferences or paraphilias sary. The terms pedophile and pedophilia are rather than predominantly children. It is im­ psychological or psychiatric diagnostic terms portant to begin this chapter with an under­ with specific meanings within those profes­ standing of the limited nature of the so-called sions. For example, some psychological or "pedophile search warrant." psychiatric professionals differentiate between Sexual offenders who are not preferential pedophiles (those who prefer prepubertal chil­ offenders are not likely to fit this behavioral dren) from hebephiles (those who prefer pattern. Indeed, child molesters who do not postpubertal children). Although it has be­ prefer children as sexual partners are not likely come common in police jargon to refer to both

46 of these offenders generally as pedophiles, port an inference that defendant actu­ use of professional diagnostic terminology in ally possessed the 'personal diary nota­ legal proceedings has resulted in challenges to tions' or 'writings' listed in clauses two the expertise of the investigator. Accordingly, and eight of the warrant.. .. it is recommended that law enforcement offic­ -Pea. v. Frank, 38 Ca1.3d 711, 728 (1985) ers avoid the use of such loaded psychiatric (Death penalty sentence reversed.) 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 sta te 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 Ulese 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 use were true. In particular, the affidavit caution in obtaining and using these kinds failed to state any fact whatever to sup- of warrants.

Guide to Drafting an Expertise Search Warrant and Affidavit'

AFFIDA VIT(S)

A. Introduce and establish expertise of affiant.

Although this kind of search warrant has rarely faced sharp 1. Name the affiant, state his or her posi­ challenge in the appellate courts as yet, potentially one of the tion, title, and the number of years the most fruitful areas of challenge may be the sufficiency of expertise on the part of the affiant. Thus, it is recommended affiant has been active in his or her that the investigator who cannot qualify as an expert seek out field. and cultivate others in the community who do have sufficient expertise. If, due to distance or other factors, the affiant cannot submit an individual sworn affidavit, the expert's 2. State the general educational back­ opinion may be presented as hearsay in the investigating ground of the affiant (including de­ officer's affidavit. Be sure to comply with all requirements grees obtained, what institutions for hearsay warrants if you choose this option. 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 acadeuty 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 in­ stitution, name of course, dates at­ tended, identity of instructors, and de­ grees 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 ill cates received or earned by your expert 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 in­ volving preferential child 'molesters.

6. Describe the expert affiant's experience. Focus especially on the affiant's expe­ rience with cases involving preferen­ tial 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/investigator / therapist/ super­ visor, 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, mention whether or not convictions were ulti­ this fact, as it helps to establish the impartiality of the affiant. matelyobtained. 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, men­ tion these facts. Also describe any pro­ fessional 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 ha~ 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 hard­ that the child pictured in the photograph is indeed a child. ware and software, videotape tech­ You may find « willing expert by contacting your local children's hospital. In general, the older the child pictured in nology, visual identification of age of the photograph!. the greater the need for specialized expertise a child from a photograph of a child, in the area of recognizing the age of the child through medical child pornography or child prostitu­ developmental characteristics. In cases of young children, the courts have been more willing to accept the opinion of a tion, child sex rings, or multiple vic­ layman. If specific) known children have been identified, tim/multiple offender case investiga­ available photographs could be attached as an exhibit to the tions. In the event that the facts of the affidavit. In the event the suspect has stored evidence in a com­ case under investigation require that puter memory bank, you will undoubtedly need the assis­ an expert have reviewed the evidence tance of a computer expert. Many programs allow a security uncovered by the investigation and ren- code to be installed that will block access to a particular file 49 tmless 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 SOl1'lPone dered an expert opinion on some as,;, who can break the code. Also consider cultivating the services of a lumputer pect of the evidence, follow the above consultant to assist you in accessing "computer bulletin format (education, experience, special boards" used by preferential child molesters to communicate recognition of expertise, such as hon­ with each other and to share information about child sexual partners. You may be able to obtain highly probative evi­ ors and awards, qualification as an ex­ dence concerning the suspect's sexual activities if your sus­ pert witness on other occasions, etc.). pect uses such a bulletin board.

B. Recount the facts uncovered by the inves­ tigation to date, apply your (collective) exper­ tise 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 tmcovered 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 en­ gaged 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 chil­ dren? 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 in­ terested 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 vic­ tim or other children engaged in sexual activity or in sexually suggestive 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 kn.owledge

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

• 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 Once the evidence is gathered, then the the circumstances, including considerations of modes e>rpat­ expert must interpret the facts. The facts dis­ terns of operation of certain kinds of law breakers. From this information a trained and experienced officer draws infer­ covered by the investigation combined with ences and makes deductions-inferences and deductions the opinion of the expert affiant concerning that might well elude an untrained person-United States v. the import of these facts are combined in the Cortez, 449 U.S. 411 (1981). affidavit to demonstrate that there is probable

52 ~~~~~~~~~--~~~------~------

Although the magistra te 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 prob­ observed by the named witnesses likely to be able cause exists to justify issuance of search warrants, re­ found in premises controlled by the suspect, viewing 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 appella te courts in cases wherein children as their sexual partner. Thus, there is probable cause was determined in partial reliance on a child also probable cause to believe that evidence of molester behavioral profile, cases of searches initiated in reliance on the drug courier profile are analogous. In general, these behaviors will also be found in premises the courts, in considering drug courier profile cases, have controlled by the suspect-evidence that will held that the fact that an individual matches the profile, be relevant to identify other known (but not as standing alone, does not justify law enforcement intervention (stop / seizure / search). The profile is entitled to some consid­ yet identified) child molestation victims, the eration in establishing a pattern of operation among drug age and gender preference of the suspect, and traffickers. Articulable facts discovered during the course of that will assist in the corroboration of the an investigation may then be interpreted in light of the profile to establish probable cause-Florida v. Royer, 460 U.S. 491 modus operandi of the suspect. (1983); United States v. Mendenhall, 446 U.S. 544 (1980); Reid v. Although the opinions of the experts will Georgia, 448 U.S. 438 (1980); United States v. Sokolow, 109 S.O. vary concerning what can legitimately be con­ 1581 (1989). cluded about common behaviors and activi­ It is therefore highly recommended that the officer not rely entirely on the behavioral profile to establish probable ties of preferential child molesters, affidavits cause to believe that the suspect in a particular case will filed in court proceedings to date have con­ keep a diary, a collection of child pornography, an address book containing information concerning child victims, or tained 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, 923F.2d 1338 (9thCir. 1991); Duncan v. Superior Court, 234 Cal. Rptr. 877 (Cal. App. 2 Dist. 1987); State v. Smith, 805 P.2d 256 (Wash. App. 1991); Hightowerv. State,736 S.W. 2d 949 (Tex. App.-Eastland 1987).

A request to search for and seize pornography, including As a result of the expert's training and child pornography, may include special First Amendment experience, the affiant has learned that considerations. Although New York v. Ferber 458 U.S. 747 (1982) allows the states to constitutionally prohibit the pro­ preferential child molesters commonly duction and distribution of material that depicts children in sexual activity even when the material is not obscene, ques­ • receive sexual gratification and satis­ tions still remain concerning to what extent officers excluding a search warrant are authorized to search for or seize child faction from actual, physical contact and adult pornography. with children and from fantasy that The officer should be aware tha t there are differences that may be stimulated by viewing children have legal consequences between child pornography and child erotica. Child pomography has been defined by Lanning engaged in sexual activity or in sexu­ (see above) as "the sexually explicit reproduction of a child's ally suggestive poses (in person, in pho­ image, voice or handwriting--including sexually explicit tographs, in drawings, or other visual photographs, negatives, slides, magazines, movies, video­ tapes, audiotapes, and handwritten notes .... Child erotica is a media) or from literature describing broader and more encompassing term than child pornogra­ such activity. phy. It can be defined as any material, relating to children, that serves a sexual purpose for a given individual. Some of the more comrrton types of child erotica include toys, games,

53 drawings, fantasy writings, diaries, souvenirs, sexual aids, • collect sexually explicit or suggestive manuals, letters, books about children, psychological books on pedophilia, and ordinary photographs of children. Gener­ materials (whether of adults or chil­ ally, possession and distribution of these items does not dren) consisting of photographs, maga­ constitute a violation of the law." zines, motion pictures, videotapes, Depending on the circumstances of the case under inves­ tigation, some or all of these materials may be evidence in a b,?oks, slides, and! or drawings or other child molestation case. In some cases, adult pornography visual media that they use for their own may be used by the offender in seducing children, and the sexual arousal and gratification. Fur­ investigation may have tmcovered evidence to the effect. Although this material may not be contraband (depending on ther, they commonly use this type of the terms of state statutes), this material may be evidence or sexually explicit material to lower the an instrumentality of a crime. Thus, search and/ or seizure inhibitions of the children they are at­ should be permissible for evidence of this nature regardless of its characterization. Applicable First Amendment require­ tempting to seduce, to arouse the se­ ments must be scrupulously observed, however. lected child partner, and to demon­ Special limitations will pertain to the extent to which strate 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 undevel­ oped 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 mate­ rials (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 descriptions 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 conceming 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 wiII not authorize search or seizure of this kind of property, yOll l:night consider taking photographs of that material which is in plain view in order to preserve evidence of its existence and nature.

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Include information of this nature to defeat any claim of • rarely dispose of their collection of sexu­ staleness that may arise from dated information concerning evidence that a suspect has or maintains a collection of one or ally explicit material-especially if it is more of the kinds of materials discussed in this chapter-Pea. used by them in the process of seducing v. Hernandez 223 Cal. Rptr. 230 (1986). See also United States v. children. Rabe, 848 F.2d 994, 997 (9th Cir. 1988) two-year-old Customs child pornography seizures, coupled with undercover corre­ spondence with Postal Inspector concerning child nudist collection and expert opinion aq 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.}. 1980) continuing activity will negate staleness challenge; United States v. Rakowski, 714 F. Supp. 1324, 1331 (D.vt. 1987) "enduring utility" of child pornography' 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 regard­ ing behavior of pedophiles; State v. Zillkiewicz, 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-especially • correspond with other preferential child documentary evidence-that the description be particular concerning what documents can be seized. TheFourthAmend­ molesters to share information and mentis designed to prohibit general searches} It requires that . identities of their child victims as a the officers be authorized by the magistrate to search for means of gaining status, trust, accep­ particular items of evidence. Once those items have been located by the officers executing the warrant, and all items of tance, and/ or psychological support. 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 searcl1es 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.DN.Y. 1982). See also Dobbills 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 explicit particularity). Compare with Holden v. State, 414 S.E.2d 910 (Ga. App. 1992) (items were described with sufficient particu­ activity or may depict the child en­ larity). Obviously the greater the particularity, the less like­ gaged in innocuous activity. If the child lihood of suppression. is a particular favorite, the photograph No. court has .yet imposed. a requirement that search warrantsh1ay only be issued for specifically named items. See may be carried by the suspect on his or recommendations contained inRussell W. Galloway, "Fourth her person (such as in a wallet). Amendment Ban on General Searches and Seizures," in Search Photos of children with whom such and Seizure LmvReport, Vol. 10, No. 6 (July 1983). Many courts, however, are now closely scrutinizing the particularity of the an individual has been involved are description when a request for authorization to search and commonly used as a means of reliving seize entire classes of evidence is presented. Officers should the sexual encounters with the child or pay particular attention to Pea. v. Frank, supra, and consult with local legal counsel concerning the requirements of the fantasies of such sexual encounters. 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 ac­ tivity, they are frequently used to black­ mail the child into continued sexual activity or into keeping the molestation a secret. These photographs are ex­ tremely important to such individuals and are likely to remain in the posses­ sion 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 underinvestigation of magazines, newspapers, books, or 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 aids, frequently create new pictures by cut­ sexual toys, or any .kind of erotica or pornography (child or ting and pasting pieces of different pic­ adult), ensure that you have established probable cause to believe that the suspect uses such items as part of the modus tures together. Often these cutouts will operandi of the seduction of child victims or otherwise estab­ be assembled into an album or a collec­ lish a strong nexus. tion of some sort. 'These collections or individual cutouts can be useful in de­ termining the age and gender prefer­ ence of the suspect.

• collect or maintain collectioils 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 un­ derstand their sexual attraction to chil­ dren, and a way of justifying or counte­ nancing 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.

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When seeking authority to search for and seize items such as • own and operate photographic pro­ photographic production and reproduction equipment or c,omputer hardware/software, ensure that you have estab­ duction and reproduction equipment. lished probable cause to believe that these (otherwise innocu­ Such individuals are commonly fearful ous) items are instrumentalities of the specific crimes al­ that commercial photo developers may leged. 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 re­ identifiable crimes (occurring in your jurisdiction), officers produce) their own materials. will not be entitled to seize such innocuous items. At least one state has held that a separa te search warrant is not required to develop film seized pursuant to a (valid) search warrant. Sta te • are very concerned with the security of 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 that the pornography, erotica, and other illicit expert can examine the equipment and determine, on site, materials or information about specific whether the equipment was used in the commission of the child victims or sexual activity with crime-Pea. v. SlIperior COllrt (Moore), 163 Cal. Rptr. 906 (1980). In that jurisdiction, however, the statutes expressly children. Accordingly, they commonly autllorized such expert consultation. See also Forl'O Precision, rent safe deposit boxes or storage facili­ Inc. v. IBM, 673 F.2d 1045 (9th Cir. 1982) holding tllat IBM ties outside of their immediate resi­ employees who served as expert consultants to the execution of a search warrant were immune from civil liability. dence.

Searches for information on computer disks pose spedal 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 tionmay be maintained in a list, a phone entry is effected, unplugging the computer or even turning it book, an address book, on accumu­ offwithoutfirst "saving" the data into the computer's memory banks may result in the complete loss of all data. Accordingly, lated scraps of paper, or in a computer you must "save" the data first; also, be sure to copy all disks memory disk. before trying to access the information. It is recommended 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 of These diaries may be kept in a formal the officer to recognize which disks contain the evidence and which do not. Of course, in the unlikely event thatthe suspect diary book, a notebook, an audiocas­ has labeled the file "Children I Have Known and Loved," the sette, on accumulated scraps of paper, task will be easy. In other cases, however, the officer or or in a computer memory disk. . 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 advance, and so • commonly use drugs or alcohol as a you should ask for authority to do this in the warrant and means of seduction, to reduce the child's 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 con­ arousal. tain 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 fruitful A few last thoughts are in order. In the for appellate challenge. Regularly check local legal counsel event that you are unable to obtain an exper­ for new limitations on search and seizure of computer tise search warrant to increase the scope of a 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 COtIDsel Division, "Raiding the Com­ the event that the case involves another type of puter Room-FourthAmendmentConsiderations" in the FBI Law Enforcement Bulletin, May-June 1986. 57 child sexual offender entirely-use the research concerning the behavioral characteristics of child molesters to expand the scope of the investiga tion. Consider that the suspect may have mo­ lested other children and begin trying to iden­ tify other child victims who may give you more insight into the suspect's modus operandi. Consider developing evidence from other sources that the suspect uses child por­ nography or takes pictures of children in sexu­ ally 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 nec­ essary to pursue the particulars of an exper­ tise 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 ad­ visable to photograph the search. This visu- . ally preserves the site of the search, the loca­ tion of items discovered, and demonstrates what was and was not "in plain view." One authority particularly recommends photo­ graphing any display of frequently used tele­ phone numbers posted by a phone, as the suspect may have the telephone numbers of child victims posted. Another authority rec­ ommends that officers conducting a search

58 videotape their search of the premises (with­ out sound). It may also be vital to keep accu­ rate 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, how­ ever, check with local legal counsel concern­ ing requirements that the attachments be incorporated into the affidavit or warrant by reference. Also, in the event that photographs of children engaged in sexually 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 embarrass­ ing 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 and Exploited Children; and Seth 1. 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 and 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

Abel, Gene G., et al. "Multiple Paraphilic Diagnoses Groth, A. Nicholas. "Patterns of Sexual Assault Against Among Sex Offenders./I In Bulletin of American Academy Children and Adolescents." In Sexual Assault of Children of Psychiatry and Law, 16, No.2 (1988), pp. 153-168. and Adolescents. Ann Wolbert Burgess et al. Lexington, Massachusetts: Lexington Books, 1980. Abel, Gene G., et al. "Self-Reported Sex Crimes of Nonincarcerated Paraphiliacs." In Journal of Interper­ Hartman, Carol R., et al. "Typology of Collectors." In sonal Violence, 2, No.1 (March 1987), pp. 3-25. Child Pornography and Sex Rings. Ed. Ann Wolbert Burgess. Lexington, Massachusetts: Lexington Books, De Young, Mary. "The Indignant Page: Techniques of 1984. Neutralization in the Publications of Pedophile Organi­ zations." In Child Abuse and Neglect, 12 (1988), pp. 583- Hazelwood, Robert R., et al. "The Criminal Sexual 591. Sadist." In the FBI Law Enforcement Bulletin (February 1992). Diagnostic and Statistical Manual of Mental Disor­ ders. 3rdedition,revised. Washington, D.C.: American Knight, Raymond A. and Robert A. Prentky. "Classi­ Psychiatric Association, 1987. fying Sexual Offenders: The Development and Cor­ roboration of Taxonomic ModeIs." InHandbook of Sexual Dietz, Park Elliot. "Sex Offenses: BehavioraIAspects." Assault. Ed. W.L. Marshal, et al. New York: Plenum, In Encyclopedia of Crime and Justice. Ed. S. H. Kadish et 1990. al. New York: Free Press, 1983. Lanning, Kenneth V. and RobertR.Hazelwood. "The Groth, A. Nicholas, et al. "The Child Molester: Clinical Maligned Investigator of Criminal Sexuality." In the Observations." In Social Work and Child Sexual Abuse. FBI Law Enforcement Bulletin (September 1988). Ed. Jon R. Conte and David A. Shore. New York: Hawthorne Press, 1982. National Center for Missing and Exploited Children. Case in Point: Training Points on the Serial Child Molester and Abductor Program, Special Edition (August 1990).

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Appendix III: Additional Reading

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

Burgess, Ann Wolbert. Child Pornography and SexRings. MacFarland, Kee and Jill Waterman. Sexual Abuse of Lexington, Massachusetts: Lexington Books, 1984. Young Children. New York: Guilford Press, 1986.

Burgess, Ann Wolbert; A. Nicholas Groth; and Lynda Mathews, Ruth, et al. Female Sexual Offenders: An Lytle Holmstrom. Sexual Assault of Children and Adoles­ Exploratory Study. Orwell, Vermont: Safer Society cents. Lexington, Massachusetts: Lexington Books, Press, 1989. 1978. O'Brien, Shirley. Child Pornography. Dubuque, Iowa: Colao, Flora and TamarHosansky. Your Children Should Kendall Hunt, 1983. Know. New York: Bobbs-Merrill,1983. O'Carroll, Tom. Paedophilia: The Radical Case. London: Crewdson, John. By Silence Betrayed. Boston, Massa­ Peter Owen, 1980. chusetts: Little Brown, 1988. Rush, Florence. The Best Kept Secret: Sexual Abuse of Cunningham, Carolyn and Kee MacFarland. When Children. New York: McGraw-Hill,1980. Children Molest Children. Orwell, Vermont: Safer Soci­ ety Press, 1992. Sanford, Linda Tschirhart. The Silent Children: A Book for Parents about the Prevention of Child Sexual Abuse. De Young, Mary. The Sexual Victimization of Children. New York: McGraw-Hill,1981. Jefferson, North Carolina: McFarland and Company, 1982. Sgroi, Suzanne M. Handbook of Clinical Intervention in Child Sexual Abuse. Lexington, Massachusetts, Lexing­ Eberle, Paul and Shirley Eberle. The Politics of Child ton Books, 1982. Abuse. Secaucus, New Jersey: Lyle Stuart, 1986. Spaulding, William. Interviewing Child Victims of Sexual Goldstein, Seth L. The Sexual Exploitation of Children. Exploitation. Arlington, Virginia: National Center for - New York: Elsevier, 1987. Missing and Exploited Children, 1987.

Hechler, David. The Battle and the Backlash. Lexington, Tsang, Daniel, ed. The Age Taboo. Boston, Massachu­ Massachusetts: D.C. Heath, 1988. setts: Alyson Publications, 1981.

Lanning, Kenneth V. Child Sex Rings: A Behavioral Whitcomb, Debra, et al. When the Victim Is a Child. 2nd Analysis. 2nd edition. Arlington, Virginia: National edition. Washington, D.C.: Nationallnstitute ofJustice, Center for Missing and Exploited Children, 1992. 1992.

NOTE: Several of these books are useful for the law enforcement investigator interested in examin­ ing the attitudes of those advocating sexual relations with children.

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~~~-~~'-'------Appendix IV:

CYCLE OF VIOLENCE

Family Physical! Sexual Abuse

Maturation to Missing Child Episodes ~; AbuserIExploiter ,~ I I

Exploitation of Child

65 AppendixV

Sexual Victimization of Children

I II III

Sexually Abused Childw: 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 (d 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

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National Center for Missing and Exploited Children'

The National Center for Missing and 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 persons; 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 line is open for those who have information on missing or exploited children: 1-800-THE-LOST (1-800-843-5678). This number is available throughout the United States, Canada, and Mexico. The TDD line is 1-800-826-7653. The NCMEC business number is (703) 235-3900. _.

In April 1990 NCMEC merged with the Adam Walsh Centers. For information on the services offered by our branches operating under that name, please call them directly in California at (714) 997-1392, in Florida at (407) 820-9000, in New York at (716) 461-1000, and in 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 and Exploited Children's Publications Department.

Printed on Recycled* Paper

NATIONAL ~ CENTER FOR ~ ~ MISSING & EXPLOITED ..CHILDREN 2101 Wilson Boulevard, Suite 550 Arlington, Virginia 22201-3052

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------~-- --- 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

I