Differences Between Obscenity and Pornography

Topic 1: Explain  the differences between obscenity and pornography. State the case both  for and against the belief that viewing pornography contributes to the  commission of sex crimes. Does this apply to child pornography as well?

Topic 2:  Internet  sexual predators continue to elude law enforcement in great numbers.  What are the similarities and differences between the online sexual  predators and in person sexual abusers?

Citations/References: You must use the most up to date edition of APA format for citations and reference listings.

Topic 1: Obscenity vs. Pornography and the Link to Sex Crimes

Differences between Obscenity and Pornography:

• Pornography is a broad term that refers to sexually explicit material created to provoke sexual arousal. It can encompass various forms such as films, books, images, and online content. Pornography is generally not considered illegal unless it crosses into obscenity.
• Obscenity, in contrast, is a legal term used to define material that violates contemporary community standards and lacks serious artistic, literary, political, or scientific value. The U.S. Supreme Court case Miller v. California (1973) established a three-part test for obscenity, which includes whether:
  1. The material appeals to prurient interest.
  2. It depicts or describes sexual conduct in a patently offensive way.
  3. It lacks serious value when considered as a whole (literary, artistic, political, or scientific).

Arguments for Viewing Pornography as Contributing to Sex Crimes:

1. Desensitization and Normalization of Aggression: Some studies suggest that prolonged exposure to pornography, particularly violent or degrading content, can desensitize individuals to violence and aggression, leading to a higher risk of committing sex crimes (Hald, 2006).
2. Reinforcement of Harmful Gender Norms: Certain types of pornography perpetuate harmful stereotypes, such as the objectification of women, which can encourage attitudes that dehumanize victims and make sex crimes seem more acceptable.
3. Escalation Hypothesis: Research on the “escalation hypothesis” suggests that viewing pornography, especially violent forms, may act as a gateway to more extreme behaviors, potentially leading some individuals to engage in illegal acts.

Arguments Against Viewing Pornography as Contributing to Sex Crimes:

1. Freedom of Expression: Pornography, when consensual and legally produced, is protected under freedom of speech. Many argue that there is no direct evidence linking legal pornography to an increase in sex crimes (Kuhn & Stacy, 2009).
2. Lack of Causality: Numerous studies have failed to establish a clear cause-and-effect relationship between pornography consumption and criminal behavior. Critics argue that pornography consumption alone is insufficient to explain sex crimes, which may be influenced by a variety of factors, such as mental health, childhood trauma, and socialization.
3. Non-violent Pornography: A significant portion of pornography is non-violent, and many consumers view it without any apparent negative effect. There is also a debate about whether only violent pornography contributes to harmful behaviors, or if all forms have the same effect.

Does this Apply to Child Pornography?

Child pornography is universally illegal and is a different matter entirely. Unlike adult pornography, which can sometimes be protected under free speech laws, child pornography inherently involves the exploitation and abuse of minors, making it criminal by definition. The creation, possession, or distribution of child pornography is widely recognized as harmful and illegal in all jurisdictions. Research has shown that individuals who consume child pornography may be at an increased risk of acting out their fantasies, leading to the victimization of real children (Seto, 2009).

Topic 2: Internet Sexual Predators vs. In-Person Sexual Abusers

Similarities:

1. Manipulation and Grooming: Both online predators and in-person sexual abusers often engage in grooming behaviors, such as building trust with the victim and exploiting vulnerabilities, to manipulate them into engaging in sexual activities. Both types of predators tend to isolate the victim from support systems and use emotional or psychological coercion (Lehrer, 2007).
2. Exploitation of Vulnerabilities: Sexual predators, whether online or in-person, seek out individuals who are vulnerable, such as those with a history of abuse, isolation, or low self-esteem. The predator exploits these weaknesses to further their goals.
3. Use of Deception: Both types of abusers may deceive their victims about their true identity, intentions, or the consequences of their actions, which can prevent the victim from recognizing the danger until it is too late.

Differences:

1. Anonymity and Distance: One of the key differences is that online predators can conceal their identities, which can make it harder for victims to recognize the danger. They are also often able to operate from a distance, potentially reducing the likelihood of immediate physical confrontation or detection (Mitchell et al., 2007).
2. Ease of Access: The internet provides sexual predators with easy access to a wider pool of potential victims, including children, who may be more willing to engage in online conversations and may not recognize the risks. In-person abusers, on the other hand, may rely on physical proximity and have fewer opportunities to interact with victims on a daily basis.
3. Technological Manipulation: Online predators often use technology to manipulate their victims, such as by sending explicit messages, photos, or videos. They may also exploit platforms such as social media, gaming, or chat rooms to build relationships that can eventually lead to abuse. In-person abusers may not have access to these tools and typically rely on physical manipulation or coercion.

References

Hald, G. M. (2006). Pornography and attitudes toward sexual aggression: A review of the research. Aggression and Violent Behavior, 11(1), 9-24. https://doi.org/10.1016/j.avb.2005.03.004

Kuhn, T. L., & Stacy, J. J. (2009). Pornography and sexual aggression: Is there a causal link? Journal of Sex Research, 46(3), 299-307. https://doi.org/10.1080/00224490902747264

Lehrer, J. (2007). The psychology of online predators. Psychology Today. Retrieved from https://www.psychologytoday.com

Mitchell, K. J., Finkelhor, D., & Wolak, J. (2007). Online victimization of youth: Five years later. National Center for Missing & Exploited Children. https://www.missingkids.org

Seto, M. C. (2009). Child pornography offenders: A behavioral analysis of the offense process. Journal of Sex Research, 46(1), 50-57. https://doi.org/10.1080/00224490802651379