Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!watmath!clyde!cbatt!ihnp4!houxm!mtuxo!mtune!mtunf!mtx5c!mtx5d!mtx5a!mat From: mat@mtx5a.UUCP (m.terribile) Newsgroups: soc.singles Subject: DISSENT and Apology: AG's Commission (HUGE) Message-ID: <1602@mtx5a.UUCP> Date: Fri, 10-Oct-86 06:36:27 EDT Article-I.D.: mtx5a.1602 Posted: Fri Oct 10 06:36:27 1986 Date-Received: Tue, 14-Oct-86 06:30:07 EDT Distribution: net Organization: AT&T Information Systems, Middletown, NJ 07748-4801. Lines: 808 Sorry this took so long. Our netfeed was down for 10 days, I was down for three, and I've been working like a madman on a deadline. Here are the three ``personal statements'' which take exception to the general statement of the Final Report. ** ** ** ** ** Much has been made of the disagreement between members of the Attorney General's Commission on Pornography. Since no one has seen fit to actually say what these dissenting members have *said*, I present here the three combined statements of three Commissioners whose views represent a mixture of concurrence and dissent. Statement of Deanne Tilton-Durfee ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ My entire adult life has been spent in the field of child welfare and child protective services. As a result, my perspectives on the effects of pornography have been primarily focused on how these materials affect children and their families. However, in the course of the past year, it has been necessary to expand the boundaries of my concerns to include co-related issues such as adult victimization in the production, behavioral effects from the consumption, and crimes related to the production and consumption of pornography. Moreover, because a credible analysis must be a balanced one, I have found a critical need to weigh carefully the impact of any recommendation that might threaten the integrity of the First Amendment or unnecessarily limit choices available to the American public. I have no doubt that there is very real harm resulting from the production, distribution, and consumption of some pornography. Quite understandably, the nature and degree of the harm has been difficult to define. It is possible that establishment of a cause and effect relationship has and always will be an impossible task, given the human variables involved. In any case it is clear that harms or benefits cannot be generalized accurately in that reaction to explicit materials will depend on the basic attitudes, situations, self-concepts, mental health, support services, and personal and sexual opportunities available to each individual consumer. Certainly, mere exposure to pornographic materials does not create criminal behavior. More than one observer of our Commission's work has noted that such a connection would render each Commissioner a potential sexual deviant. It is therefore important to acknowledge that we cannot scientifically show that exposure to sexually explicit materials affects the behavior of most consumers. It is also important to acknowledge that we have no business regulating any expression in words or pictures without good cause. We do, however, have an obligation to protect those who are vulnerable to victimization, to prevent and deter crimes committed in the production or distribution of pornography, and to provide methods by which communities can preserve the quality of their neighborhoods. *CHILD VICTIMS* I wish to focus on the victimization of children for several reasons. First, because this is my area of expertises, second, because I believe children are often given patronizing support but little genuine respect as valuable members of our society, and third, because children are clearly the most vulnerable of all who may be affected by pornography. This is not only because of their developmental limitations, but because there is an assumption that parents or other trusted caretakers can and will protect them. Moreover, I believe that the roots of so much of the demand for pornography and the exploitations in the production and consumption of pornography lie in the childhoods of those involved. Because children are such defenseless and quiet victims, and because those who exploit them seem rarely to meet the public stereotype of the "child molester," the very existence of child sexual exploitation has been the very slowest of all offenses to emerge. There is a profound reluctance on the part of the American public to respond to this tragic dilemma. This relates to a disbelief that this kind of thing could happen, a lack of confidence in the resources available within the various social and legal service systems, and the suppression of painful memories on the part of adults who themselves suffered as child victims and who were neither believed nor rescued. As our social and legal systems have responded to the emerging revelations regarding sexual exploitation of children, a common trend has been that the ages of the victims have become younger and younger. Although we had begun to acknowledge the reality of the exploitation of adolescents in the production of pornography, we found that pictures of pre-pubescent children, toddlers, and even infants in sexually explicit depictions became increasingly prevalent. This trend towards the inclusion of very young children in pornography correlates with an identical trend in the physical abuse and sexual exploitation or children throughout the country. Recently, communities throughout the United States have been shaken by disclosures of major multi-victim and multi-perpetrator child sexual molestations within preschool settings. From one end of the country to the other, children are coming forward as young as three and four years of age to relate stories strikingly and frighteningly similar regarding the most cruel and perverted sexual abuses imaginable, perpetrated by trusted caretakers and responsible members of the community. Each time one of these cases emerges, the local community and its social and legal system are so overwhelmingly shocked and incredulous of what they are haring from these tiny youngsters, the process of intervention and prosecution is awkward, and usually unsuccessful. One common theme that emerges repeatedly is the the statement by the children that their pictures have been taken in sexually explicit poses while involved in perverted sexual activities. Other children have spoken of boxes of pictures being carried away just prior to police searches. In my opinion, there is little doubt that there is a connection between the ritualistic molestation of the children involved in the many alleged preschool multi-victim, multi-perpetrator molestation cases, and a child pornography market. However, since we have failed to discover pictures to substantiate this belief, the existence, nature, extent, and those responsible for this marked have not been determined. The recommendation for a national task force to study possible relations between these preschool sexual rings and an organized child pornography market is what I consider one of the most significant recommendations in this report. Many other recommendations included in the Child Pornography section are particularly encouraging including those which strengthen support services for the child victims, sensitize and improve the effectiveness of legal/ judicial procedures to accommodate the child victim, and those which provide children with information and skills to protect themselves against those who might exploit them, whether or not the perpetrator is a stranger, trusted adult, or a parent. *FAMILY LIFE EDUCATION* I truly believe that a significant measure in the protection of children and subsequent generations against exploitation lies in the incorporation of family life preparation programs within the schools. This is a concept which was opposed by some of my fellow Commissioners, and certainly by many parents in the general public. However, the challenge of raising healthy children is perhaps the most significant task that will be faced by the largest number of students in American schools. A large percentage of children who become involved in pornography and prostitution have run away from violent or exploitive homes. Most reported child molestation is perpetrated by a family member. In other words, if we depend completely on parental guidance, many children will never receive the benefit of information regarding their rights and the responsibilities in making personal choices and the requirements of healthy parenting. Other children's own healthy experiences at home can be enhanced by age appropriate curriculum which clearly must respec the role of parents in determining life styles, cultural practices, and religious preferences. It seems incredible to me that we are unwilling to focus concern and educational resources on promoting healthy parenting and interpersonal skills with our commitment to other curricula which may be of far less importance in the lives of future generations. I would hope that educational systems throughout the country will follow the example set by many school systems, including Los Angeles County, in responding to this major investment in our Country's future. *EXPOSURE OF CHILDREN TO EXPLICIT AND VIOLENT MATERIALS* The question has arisen regarding the effects of adult pornography on children. Children at various ages process information differently, and the psychological sense that something has an erotic meaning comes biologically and culturally with age. (Compare the reaction of a 17 year old and the reaction of his infant brother to the sight of a woman's breasts.) There are variations in how individual children develop intellectually and physically, and there are changes in children's vulnerability at critical stages. Moreover, a particular child's reaction to sexually explicit stimuli will depend to a great deal on that child's personal strengths and familial and social structures. For obvious ethical reasons, we cannot condone large scale studies of the effects of exposure to pornography on various age groups of children. However, one can surmise from the availability of information that we have regarding the developmental vulnerabilities of children that those in the early adolescent age group might be the most susceptible and the least capable of managing social and psychological dilemma [sic] produced by exposure to pornography. Whatever the actual impact may be on children at any age, and given our inability to be scientifically exact on that issue, it seems clear that we have a responsibility to protect children against whatever potential harm may result from such exposure. For this reason, I strongly support laws which prohibit the sale of pornographic materials to children and prohibit children's entry into establishments which specialize in "Adults Only" materials. I am also pleased with the voluntary actions taken by many businesses to limit children's access to sexually explicit materials. In my opinion, violent materials, sexual or non-sexual, are cause for the most serious concern regarding potential negative effects on children's attitudes and behavior. These materials have become increasingly pervasive in our culture. There is a critical need to seriously consider how we can effectively discourage proliferation of these destructive messages which reach out to children on television, in theaters and even by way of their toys and comic books. There are some who believe that restrictions placed upon the adult consumption of pornography should be as strong as restrictions on children's consumption of pornography. The rationale given is that anything available to adults will eventually fall into the hands of children. Although there is little doubt that childhood curiosity will creatively find access to "forbidden" materials, I do not believe that the "equal restriction" perspective is realistic or an avenue of choice. The laws of our society currently place many differentiated restrictions on adults and children. Certainly, the negative effects of alcohol consumption on children who access their parents liquor cabinets is clearly established. We recommend closer parental supervision and either removal of the alcohol from the home or locking the doors of the liquor cabinet. When children become alcoholics, a growing national concern, recommendations include individual and family counseling, or Alcoholics Anonymous. We can develop parallel responses in relation to children accessing their parent's pornography -- closer parental supervision, use of lock boxes on televisions with cable programming, and mental health or other services for children exhibiting inappropriate or anti-social behavior following the consumption of pornography. Again, while we should not deny the potential harm that pornography may inflict on children who view it, it is extremely important to keep sight of other possible causes of what we consider to be negative behavioral effects. If a child who has been exposed to pornography begins exhibiting inappropriate sexual behavior, we must be extremely careful not to focus on the pornography, denying the possibility that the child may have been molested or, on the other hand, denied warm loving relationships within the family unit. Children who have a well-integrated and reinforced positive sense of self are less apt to accept violent, callous, impersonal images of other people as part of their personal concept of life. Children who have healthy age-appropriate images of affectionate behaviors are less apt to accept perverse or violent destructing images as part of their own internal or external self. They do need social support systems to absorb confusion when it is present and to provide structures that allow them to explore their own responses to such stimuli. *PRIORITIZATION OF RESPONSE* The Commission's majority vote to encourage obscenity intervention resources in a prioritized manner has caused some concern on the part of those who believe all categories of pornography to be equally damaging. It is clear that current law enforcement resources are inadequate to respond effectively and appropriately to all types of pornography at all times. The prioritization should assist in focusing attention on those violent, degrading and dehumanizing materials that have gradually emerged, with impunity, as a major market. This does not preclude pursuing action against other material However, it is the violent and degrading materials that reflect the changing nature of pornography in America, a major impetus for the creation of our Commission. We saw these materials, we were shocked by them, and our reactions and concerns about them should be and were reflected in the decision to give them first priority in the allocation of law enforcement resources. *A WORD ABOUT WORDS* It was the majority opinion of this Commission that law enforcement agencies should not be encouraged to commit resources to the prosecution of the non-illustrated pornographic written word, unless the message is directed to children or involves child pornography. Again, there has been a great deal of concern regarding the possible proliferation of obscene books which encourage sexual perversions and other crimes. While I agree that passages in certain paperback books sold in adult book stores represent the most vile and offensive messages imaginable, I do not believe it is realistic or constructive to presume that obscenity prosecutions can be initiated or will be effective in protecting the public from any possible negative effects from the materials. I do, however, believe that the fear of censorship expressed by librarians and others concerned for the protection of literature which may contain "explicit" passages, is an extremely important consideration. Our Commission's respect for the special place of the written word was more a statement of support for freedom of speech than an action which was meant to, or will, change existing practices in the enforcement of obscenity laws. *TIME AND STRUCTURE* The time and structural constraints placed upon our Commission's work were extremely problematic, causing concern regarding compromises made in the final editing process. The workload has been unmanageable throughout the year. The ultimate task of reviewing over two thousand pages of final draft in three days time to meet our print deadline was totally unrealistic. In addition, the critical job of consolidating and clearing all the Commissioner's last minute corrections was an unreasonable expectation of the already exhausted Staff, who have reportedly worked into every night of the last several weeks. If the Commission had more resources to pursue additional study, more opportunity to meet in subcommittees, and more time to review the final product, I believe a more thoughtful and confident consensus would have resulted. However, given the Commission's limitations, the final report is a document which raises issues that are relevant and worthy of a considerable investment of time and energy made by each Commissioner and the Staff. There are two specific recommendations about which I wish to express concern. A. *RECOMMENDATION NUMBER 8 STATE LEGISLATURES SHOULD AMEND, IF NECESSARY OBSCENITY STATUTES TO ELIMINATE MISDEMEANOR STATUS FOR SECOND OFFENSES AND MAKE ANY SECOND OFFENSE PUNISHABLE AS A FELONY* The arbitrary imposition of a felony status for second offenders could possibly discourage any actions on second offenses by Prosecutors denied any room for negotiation. B. *RECOMMENDATION NUMBER 88 LEGISLATURES SHOULD CONDUCT HEARINGS AND CONSIDER LEGISLATION RECOGNIZING A CIVIL REMEDY FOR HARMS ATTRIBUTABLE TO PORNOGRAPHY* While I support the concept of civil rights actions on behalf of the victims, a rewriting of the substantiation for this recommendation was not available for review by [the] Commissioners at the time of the deadline for this statement. It is also of considerable concern that the Commission members were never able to agree on the types of materials that fall within the framework for classes I, II, and III materials. In the absence of such clarity, and without a comprehensive survey of materials available in bookstores, theaters, video outlets, and other vendors, it is only conjecture to presume that the "predominance" of obscene materials portray degradation. *SUMMARY* The issues surrounding pornography defy simplification, challenge objectivity, and create passionate responses from opposing extremes of a multitude of political, religious, and philosophical spectrums. It is my sincere hope that our focus on these confounding and controversial issues will assist the American people to develop a knowledgeable concern regarding the potential impact of pornography on their children and their communities, an understanding of the personal choices and public policy alternatives available to them, and the realization that pornography is the product of a demand resulting from a host of motivations we have only begun to identify. It has occurred to me, throughout our Commission's hearings, that the subject of our inquiry, whether relating to adult or child pornography, has a very significant and direct connection to many issues surrounding the abuse and exploitation of children. I saw the clear characteristics of a helpless child in each adult victim testifying before us, and this helped me to understand how and why they tolerated the abuses about which so many are skeptical. I saw the angry and inadequate adult re-enacting his or her own childhood abuses in much of the sado-masochistic materials. Perhaps most significantly, I saw the sad, lonely, and desperate search for intimacy denied in childhood on the faces of those who stood haplessly in the adult bookstores and those who told us of their addiction to obscene materials. It occurred to me, over and over again, that the real issue might be the effects of American family life on the consumption of pornography, rather than the reverse. Statement of Judith Becker, Ellen Levine, and Deanne Tilton-Durfee ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ We are three women who have, in varied ways, devoted our lives to the welfare of children and families: one as a specialist in the treatment of those who sexually abuse women and children, another as a journalist covering the diverse issues facing contemporary women and the third as a specialist in the prevention and treatment of child abuse, neglect, and molestation. We share a deep concern about the effects of pornography on American women. Nevertheless, we found these issues troublesome because those women who testified before us were so deeply divided. Many condemned pornography as an ultimate offense against women, others opposed censorship categorically and defended women's rights to consume and perform in pornography. Although each of us has her own very strong negative, personal reactions to the various pornographic depictions, we believe our acceptance of service on this Commission carried with it the responsibility to enter this arena with an open mind, to weigh fairly the evidence presented to us and to set aside our personal biases in order to develop credible and balanced recommendations for the Federal Government regarding this extremely controversial subject. We have, throughout the Commission's hearings, witnessed devastating testimony from women victimized in the production or forced consumption of pornography, and we have seen material that is offensive to the most permissive boundaries of our imaginations. Much of this material violates the very fabric of our own ethical and moral standards. We wish to express our strong personal objections to the offensive and totally inaccurate materials that portray women as eager victims of abuse or as being of less competence or value to society than men. We disapprove equally of media depictions that discriminate unfairly against men, or against specific races, cultures, or those with physical or mental handicaps. After consideration of the evidence presented, we conclude that those who exploit women's vulnerability in the production or consumption or pornography are inflicting harm that profoundly violates the rights of women, damages the integrity of the American family, and threatens the quality of life for all men and women. We abhor the exploitation of vulnerable people and condemn those who profit from it. We respect, however, the rights of all citizens to participate in legal activities if their participation is truly voluntary. We reject any judgemental and condescending efforts to speak on women's behalf as though they were helpless, mindless children. Our most profound desire is that the women of America be provided an environment that encourages their sense of self-worth, self-respect and their ability to make genuine choices. We consider both the limitation of choices and sexual exploitation to be degrading attacks on the basic value and dignity of women. Statement of Dr. Judith Becker and Ellen Levine ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ In accepting appointments to the Attorney General's Commission on Pornography, we both believed that stimulation of a national dialogue and debate on this very controversial subject was well within the purview of the government and in the best interests of the country. To this challenging commitment we bring very different personal and professional expertise. Dr. Judith Becker is behavioral scientist whose career has been devoted to evaluating and treating victims and perpetrators of sexual crimes. Mrs. Ellen Levine is a journalist and editor who had focused on women's news. Although our backgrounds are different, we have found throughout the hearings and Commission meetings that we share similar views about the nature of the testimony presented and alternative ways in which the issue of obscenity might be approached. We have, therefore, decided to submit this joint statement. I. THE PROCESS During the public hearings, the Commission has accomplished much, garnered some press attention, and, as anticipated, created a certain amount of controversy. Our hope is that the past year's work will not end with the publication of this report, but will begin a process of discovery and disciplined study of the complicated problems associated with this subject. We would be remiss, however, if we did not point out the limitations inherent in the investigative process we have just finished, because in some serious ways, the Commission's methods themselves have hindered the adequate pursuit of information. A. THE LIMITATION OF THE PUBLIC FORUM All meetings and hearings have been held as public forums, and although we do not suggest that it should have been otherwise, we must emphasize that such an open forum naturally inhibits a frank and full discussion of a subject as personal, private, and emotionally volatile as the consumption of pornography. In collecting the testimony of victims, it was difficult to find witnesses willing to speak out about their intimate negative experiences with pornography. To find people willing to acknowledge their personal consumption of erotic and pornographic materials and comment favorably in public about their use had been nearly impossible. Since such material is selling to millions of apparently satisfied consumers, it seems obvious that the data gathered is not well balanced. B. THE CONSTRAINTS OF TIME AND MONEY A number of factors directly affectings the Commission complicated its work and strained its abilities to work as thoroughly and effectively as it might have. Both the time and money needed to work through these complications was lacking and hence they were very largely unsolved. 1. The very word pornography, with its negative connotation, imposes impediments to an openminded and objective investigation. Every member of the group brought suitcases full of prior bias, including previous personal exposure, religious, ethical, social, and even professional beliefs. To some a discussion of pornography raises concerns of sincerely and deeply felt moral imperatives; to others it is a feminist issue of violence against women; and to still others it is a lightning rod attracting debates about First Amendment guarantees with the threat of censorship seen as the overriding danger. Full airing of the differences of the members of the Commission and establishment of a wide and firm common ground was not possible in the time and with the funds available. 2. The issue of pornography has confounded people for centuries and has long been a subject of sincere disagreement among decent people. Pornography has religious, ethical, social, psychological and legal ramifications. The idea that eleven individuals studying in their spare time could complete a comprehensive study on so complex a matter in so constricted a time frame is simply unrealistic. No self-respecting investigator would accept conclusions based on such a study, and unfortunately the document produced reflects these inadequacies. 3. The variety of pornography, in its forms, qualities, and intensities of expression is vast. The Commission concentrated almost exclusively on formulating recommendations aimed at law enforcement. While that fulfills the Commission's mandate, we believe that the core issues involving pornography and its prevalence are more usefully viewed as health and welfare concerns. As such, they would properly be matters for research by committees established by the National Institute of Mental Health. Given the varied backgrounds of the Commissioners, the depth and complications of the subject historically, and the variety of the materials available today, the Commission's most severe limitation was imposed by a lack of time any money to complete a thorough study. Because it has been sixteen years since the last Commission on this topic met and it is likely to be years before another government group tangles with these questions, we believe it would have been reasonable to grant the group, if not more money, at least more time, as requested. II. THE MANDATE A. The first element of the Commission's mandate was the assessment of the problem's dimensions. While there is little doubt about the proliferation of pornography since 1970, no serious effort has been made to quantify the increase, either in general or specifically as to the various types of pornography sold. We do not even know whether or not what the Commission viewed during the course of the year reflected the nature of most of the pornographic and obscene material in the market; nor do we know if the materials shown us mirror the taste of the majority of consumers of pornography. The visuals, both print and video, were skewed to the very violent and extremely degrading. While one does not deny the existence of this material, the fact that it dominated the materials presented at our hearings may have distorted the Commission's judgement about the proportions of such violent materials in relation to the total pornographic materials market. The Commission's investigations did reveal that technological innovations have create a new delivery system for the consumption of pornographic and erotic material (notably via home video and cable). Since the home video industry is still young, it is reasonable to assume that the supply and public demand for pornographic materials may increase. Some recent industry figures actually show video purchases and rentals of pornography on the increase. There is, however, a significant corresponding decrease in both the number of adult theaters and the circulation of the so-called skin magazines. This may indicate that although there is a way in the way in which pornography is purchased, there is actually a stable market for it. We simply to not know. Because of the stunning change in the way in which people now receive erotic stimuli (a shift from print to video), we suggest that research be conducted to discover whether and to what extent video makes a greater or stronger impression on the vulnerable users, particularly children and adolescents, than does print. B. One critical concern of this Commission was to measure and assess pornography's role in causing anti-social behavior; but although the Commission struggle mightily to agree on definitions of such basic terms as pornography and erotica, it never did so. This failure to establish definitions acceptable to all members severely limited our ability to come to grips with the question of impact. Only the term "obscenity", which has a legal meaning, became a category we all understood. In fact, the Commission failed to carve out a mutually satisfactory definition of anti-social behavior. In this statement, it should be noted, therefore, we use the phrase "anti-social behavior" to describe forced sexual acts: acts involving coercion of any kind or lack of consent. We do not include (as certain Commissioners desired) such private sexual practices as masturbation, homosexuality between consenting adults or premarital sex, practices that are not now the province of the government to regulate. C. The final responsibility of the Commission was to recommend to the Attorney General specific measures to limit the spread of pornography. While much of the Commission's time was spend on these proposals, only the child pornography recommendations received thorough discussion. Accordingly we strongly endorse those proposals. We reiterate our strong belief that the paucity of certain types of testimony, including dissenting expert opinion and the haste and absence of significant debate with which other recommendations and their supporting arguments did not leave adequate time for full and fair discussions of the more restrictive and controversial proposals. Consequently, while we endorse many of these recommendations, we dissent on some, for reasons of critical policy differences, lack of clarity and more importantly, because evidence material to a considered evaluation of the proposals was not presented. For example, the concept of mandatory sentencing supported in several recommendations is a theory hotly debated by both law enforcement personell and experts specializing in penal reform. Little testimony was heard on the merits of liabilities of this concept with the exception of pleas from understandably frustrated prosecutors discouraged by light sentencing. Without reasoned assessment of this problem, we cannot support the proposal for mandatory sentencing. Other specific recommendations with which we disagree will follow here. CONGRESS SHOULD ENACT A FORFEITURE STATUTE TO REACH THE PROCEEDS AND INSTRUMENTS OF ANY OFFENSE COMMITTED IN VIOLATION OF THE FEDERAL OBSCENITY LAWS. CONGRESS SHOULD AMEND THE FEDERAL LAWS TO ELIMINATE THE NECESSITY OF PROVING TRANSPORTATION IN INTERSTATE COMMERCE. THE LAWS SHOULD BE ENACTED TO ONLY REQUIRE PROOF THAT THE DISTRIBUTION OF THE OBSCENE MATERIAL "AFFECTS" INTERSTATE COMMERCE. CONGRESS SHOULD ENACT LEGISLATION MAKING IT AN UNFAIR BUSINESS PRACTICE AND AN UNFAIR LABOR PRACTICE FOR ANY EMPLOYER TO HIRE INDIVIDUALS TO PARTICIPATE IN ANY COMMERCIAL SEXUAL PERFORMANCE. STATE LEGISLATURES SHOULD AMEND, IF NECESSARY, OBSCENITY STATUTES TO ELIMINATE MISDEMEANOR STATUS FOR SECOND OFFENSES AND MAKE ANY SECOND OFFENSE PUNISHABLE AS A FELONY. STATE LEGISLATURES SHOULD ENACT, IF NECESSARY, FORFEITURE PROVISIONS AT PART OF THE STATE OBSCENITY LAWS. THE PRESIDENT'S COMMISSION ON UNIFORM SENTENCING SHOULD CONSIDER A PROVISION FOR A MINIMUM OF ONE YEAR IMPRISONMENT FOR ANY SECOND OR SUBSEQUENT VIOLATION OF FEDERAL LAW INVOLVING OBSCENE MATERIAL THAT DEPICTS ADULTS. LEGISLATURES SHOULD CONDUCT HEARINGS AND CONSIDER LEGISLATION RECOGNIZING A CIVIL REMEDY FOR HARMS ATTRIBUTABLE TO PORNOGRAPHY. ANY FORM OF INDECENT ACT BY OR AMONG "ADULTS ONLY" PORNOGRAPHIC OUTLET PATRONS SHOULD BE UNLAWFUL. III. TESTIMONY ON SOCIAL SCIENCE DATA We have limited our comments here to the relatively bias-free testimony and social-science data. Our interpretation of the material presented is, consequently, somewhat different from that of the other Commission members. It has led us to a different emphasis on priorities and recommendations. The Commission sought to break down pornography into the various types of sexually explicit material available in our society. Unfortunately, social science research to date has not uniformly followed any such categorization (although we certainly suggest that future researchers consider this option), and the attempt to force the available social science data to fit the Commission's category is fruitless. That is why in this statement the conclusions and interpretations of what the social science data *says* and *does not say* follow the research, not the Commission, categories. First, it is essential to state that the social science research has not been designed to evaluate the relationship between exposure to pornography and the commission of sexual crimes; therefore efforts to tease the current data into proof of a causal link between these acts simply cannot be accepted. Further more, social science does not speak to harm, on which this Commission report focuses. Social science research speaks of a relationship among variables or effects that can be positive or negative. Research has evaluated adults rather than children, and it is the latter who are most likely to be influenced by pornography. Studies have relied almost exclusively on male college student volunteers, which means that the "generalizability" of this data is extremely limited. The only other category studied in depth is sex offenders. Information from the sex-offender population must be interpreted with care because it may be self-serving. The research conducted to date has been correlational and experimental. Despite these limitations, the research data can be interpreted to indicate the following: A. In a laboratory setting, exposure to sexually violent stimuli has a negative effect on research subjects as measured by acceptance of rape myth and aggression and callousness toward women. We do no know, however, how long this attitudinal change is sustained without further stimulation; more importantly, we do not know whether and why such an attitudinal change might transfer into a behavioral change. There is reason for concern about these findings because we do know that experience with sex offenders indicates they harbor belief systems and attitude consistent with deviant sexual practices (e.g. "women enjoy being raped" or "sexual acts with a child are a way of showing love and affection to that child"). We know further that such attitudes appear to be a precursor and maintainer of actual deviant behavior in an offender population. Although we believe that the potential exists for attitudinal changes to translate in to behavioral changes in some circumstances, this possibility needs considerable additional investigation. B. Very little social-science research has been conducted evaluating the impact of non-violent degrading material on the average adult. Furthermore, there is a problem of definition about what constitutes "degrading material." We strongly encourage further research to define and evaluate the impact of such materials. C. Although research findings are far from conclusive, the preponderance of existing data indicates that non-violent and non-degrading sexually explicit materials does not have a negative effect on adults. D. In documents attached to the main report mention has been made of a possible relationship between circulation rates of pornographic magazines and sex crime rates. One of the authors of the study on which the Commission has based its conclusion, Murray Straus, has written to explain his own research, which he suggested was being misinterpreted. "I do not believe that this research demonstrates that pornography causes rape . . . . In general the scientific evidence clearly indicates that if one is concerned with the effects of media on rape, the problem lies in the prevalence of violence in the media, not sex in the media." [ I have not, to this point, interjected comment, but here it seems appropriate to mention that this is *one* study of many that the Commission examined, and while it is noteworthy, it is not the mass disagreement that was mentioned by several netnews authors, nor was did it involve Donnerstein. Recall also that neither Straus nor the authors of this section had the final draft of the main body of the Report in hand when this "dissenting" statement was written, which may account for some apparent inconsistencies here and elsewhere. -mat ] E. To date there is no single comprehensive theory that is agreed upon to explain the development of paraphilic behavior. Human behavior is complex and multi-causal. To say that exposure to pornography in and of itself is simplistic, not supported by social science data, and overlooks many of the other variables that may be contributing causes. Research must be conducted on the development of sexual interest patterns if we are to understand and control paraphilic behavior. F. Unfortunately, little is known about the impact of sexually explicit material on children. Ethically and morally once could not and would not conduct experiments to examine such a relationship. We do know that adolescents and young adults are large consumers of these materials, and little is yet known about its impact on this population. We underscore the statement made in the main body of the Commission's report regarding social science research: "In many respects, research is still at a fairly rudimentary stage, and with few attempts to standardize categories of analysis, self-reporting questionaires, types of stimulus materials, description of stimulus materials, measurement of effects and related problems. We recommend that moneys be made available to fund further research on this topic." IV. ENFORCEMENT PRIORITIES We have been encouraged by testimony from federal, state, and local officials that those involved in the heinous crime of child pornography are being prosecuted vigorously and that this effort is a national priority. We applaud that action and believe that this prosecution should continue to be a number one priority in law enforcement resource allotments. On the other hand, we have heard frequently that there us virtually no enforcement of adult obscenity laws. Our analysis of the data leads us to believe that the sexually violent material that is unquestionably obscene and described in the main report is of sufficient concern to warrant intensified prosecution. We are concerned about such material because the violence and the eroticization of that violence may indeed be a potentially explosive mix. Even in this category, however, social science research does not claim a causal link. The social science data, however, provides even less basis for the claim of a causal link between non-violent degrading and humiliating pornography and sexual violence. One might assume that this material may teach offensive, though not necessarily criminal, behavior to certain vulnerable consumers. Accordingly, in communities where standards so dictate, prosecution of non-violent degrading obscene materials may assume a lesser priority. It is in this area of non-violent degrading and humiliating pornographic images that the most controversy may arise. What is seen as degrading by one viewer may in fact not be so seen my another, much in the same way that one person's erotica is another person's pornography. But this is one of the categories about which much needs to be learned. Perhaps there is a distinct difference between what men see as degrading to women and what women consider to be degrading. As vital as this caegory of non-violent degrading material may be to the ultimate understanding of the effects of pornographic material in society, we caution against overinclusive interpretation of it. The Report suggests that most of the pornographic material in circulation now belongs to this category. We have not been able to draw this conclusion based on the evidence presented. As stated earlier, attempts to quantify the materials in circulation and the particular character of the content of that material remains only "guesstimates." V. WHAT OF OUR CHILDREN? The most disturbing issue facting the panel this year was the concern about children and their exposure to the child and adult pornography. Adolescents are acnkowledge as an enormous marked for pornographic materials, and despite legislative efforts to restrict access, this material remains easily available to youngsters. In fact, from an early age American children are bombarded by very stimulating sexual messages, most of which are not pornographic but certainly are frightening. This year, for example, the AIDS epidemic has prompted health officials to broadcast urgent radio and television warnings against homosexual anal intercourse and group sex and pleas for the use of condoms. Because children may have trouble with these very public messages, and because too many young people get too much of their sex education from pornographic magazines and films, we strongly support relevant school sex educations. Appropriate and accurate information about loving sexual experiences can help innoculate children against the potential damage from early exposure to negative images. Furthermore, we urge parent to monitor carefully their own children's exposure to these materials. There cannot be enough done to protect our children--both from people who would abuse and seduce them into the abhorrent world of child pornography and from the unwelcome intrusion of too many sexual messages. And we urge that child pornography prosecutions be given priority over all other forms of obscenity violations. VI. CONCLUSION Why does pornography thive and proliferate today? Is the demand for ponography a mirror or a beacon? Why do consumers support a muti-million dollare market for such a variety of products? Is lack of vigorous law enforcement to blame? Is society more tolerant of porography than ever before? Is society's perception of what constitutes pornography changing? Do the production and increasing sophistication of sexually explicit materials in themselves stimulate more intense interest in the pornographic magazines, films, and videos? Or vice-versa? Or are other social forces chiefly to blame? The most knowledgeable observers suggest that these are complex and difficult questions, ones that cannot be easily answered and which in our opinion the Commission did not adequately address. Consider what has occurred during the past two decades. The birth control pill has become widely used, with an associated increase in sexual sexual activity. The mobility of the population contiues to increase, with a subsequent breakdown in community attachments for more and more people. The divorce rate has skyrocketed. We have a national drug abuse problem. The Vietnam war has taken its toll on the national psyche. Twenty-five million additional women have joined the work force. The so-called Sexual revolution has come and gone (Time magazine on April 9, 1984, announced its demise). Has not each of these factors and others had a role to play in the growth of pornography? After a year of forums and deliberations, it is tempting to join in offering simple solutions to complex problems, in the form of the Commission's Recomendation. But we are not persuaded to do so. We believe that it would be seriously misleading to read this report and see a green light for prosecuting all pornographers. We still know too little about why many men and some women use and enjoy pornography; if and why women's and men's sexual arousal response patterns no ponography differ. We still have more questions than answers, and we stress the need for both non-governmental solutions and tolerance for the views of others. The commission of sexual crimes, the degradation of women, and the abuse and mistreatment of children are terrible and pressing problems that concern us urgently. As we face up to the extensive public consumption even of certain types of extreme pornographic materials, a need for massive public re-education about potential problems associated with them seems strongly indicated. We cannot tolerate messages of sexual humiliation directed to any group. But to make all pornography the scapegoat is not constructive. In the absence of significant social sanctions against ponography, the possibility of halting its use seems as slim as was the chance of halting the sales of liquor during Prohibition. In conclusion we repeat that we face a complex social and legal problem that requires extensive study before realistic remedies can be recommended. -- from Mole End Mark Terribile (scrape .. dig ) mtx5b!mat (Please mail to mtx5b!mat, NOT mtx5a! mat, or to mtx5a!mtx5b!mat) (mtx5b!mole-end!mat will also reach me) ,.. .,, ,,, ..,***_*.