Prosecuting 'child pornography': Possession and taking of indecent photographs of children

Abstract

This article examines the application of 'child pornography' law by police, prosecutors and the courts and presents the key findings from the first national study conducted into child pornography trials in the Crown Court in England and Wales against a wider statistical analysis of proceedings for possession of 'child pornography' in the Magistrates' Court. The findings show that there are very few prosecutions in the Crown Court and, of defendants proceeded against, most are involved in the taking of photographs rather than in distribution or possession per se . Notwithstanding, few of these defendants are charged with any additional sexual offence, although in the act of taking an indecent photograph of a child some further offence(s) must inevitably be committed. The findings suggest a relationship between child pornography and child sexual abuse. Defendants engage in disavowal and minimizing strategies, while judges also fail to recognize the dangerousness of those defendants convicted of possession or distribution. Sentencing continues to reflect the view that such child pornographers are benign and prison terms remain at the lower end of the tariff range.