In a child porn trial, the pornographic images will be shown. The jury needs to see that the images are indeed child porn, and the prosecution depends on the emotional response of the jury to the images. Child porn is shocking. Child porn is vile. The descriptions of images that I have read have made me sick. Showing a jury the images nearly guarantees a conviction. There is a reason for that 90%+ conviction rate in child porn receipt or possession cases, after all.
The investigators look at the images found, the prosecutor looks at the images. The defense attorney looks at the images. The jury looks at the images, the judge looks at the images, the probation officer looks. All this looking is legal because they all have legitimate reasons to look.
The offender, though...why does he look? Do we know? We assume that he looks for sexual reasons, and perhaps he even confessed to masturbating while looking. So courts prosecute people who look at the images for unknown, unacceptable reasons. The courts prosecute because of what happens in the mind of the poor sap looking at the images. Thoughtcrime.
Here's a thought: Sexual fantasies are legal; masturbation is legal.
3 comments:
Your husband brought this upon himself. Even if he is a reformed addict. He still committed these crimes. The lawyers and prosecuters have a job to perform. This images must be used in order for your husband to recieve a fair trial. These images were used for your husbands own sexual gratification. There is a big difference. I know you feel as if you are an advocate for victims rights. But, we don't need you as a voice.
It's not an issue of arresting someone for their private thoughts. You're right. We all have sexual fantasies, and masturbation certainly isn't a crime. Masturbation isn't why your husband was arrested. People who look at child porn are consumers, and creators of child porn are the suppliers. The more demand there is, the more people indulge fantasies that bring harm to other people (even if they themselves are not directly hurting anyone) then the more supply is created to meet that demand. In short, consuming child porn perpetuates the child porn industry, of which abused children are the core, which is what is criminalized.
He illegally procured and possessed the images. He could think nasty thoughts about people all day and never be in fear of even a second look by a cop. But, once he procures the illegal item (the images), he becomes a criminal. Just like thinking about using cocaine isn't illegal. You can think about it all day long, all night long, all the time. But, once you purchase, possess, or procure the drug you are then a criminal. Same thing.
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