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t-t-Xe-crrS C vistakainsht) EFTA01728622  Qp) NATIONAL V* CENTER FOR MISSING & EXPLOITED .0 H I L D R E N Office Office of Juvenile Justice and Delinquency Prevention of ascot Programs • U.S. Departmanc of Jost'« Child Molesters: A Behavioral Analysis For Law-Enforcement Officers Investigating the Sexual Exploitation of Children by Acquaintance Molesters In cooperation with the EFTA01728623  Child Molesters: A Behavioral Analysis For Law-Enforcement Officers Investigating the Sexual Exploitation of Children by Acquaintance Molesters Fourth Edition September 2001 Kenneth V. Lanning Former Supervisory Special Agent Federal Bureau of Investigation (FBI) Copyright© 2001 National Center for Missing & Exploited Children. All rights reserved. The National Center for Missing & Exploited Children (NCMEC), a national clearinghouse and resource center, is funded under Cooperative Agreement #98-MC-CX-K002 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this book are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, U.S. Department of Treasury, nor National Center for Missing & Exploited Children. National Center for Missing & Exploited Children• is a registered service mark of the National Center for Missing & Exploited Children. EFTA01728624 Dedication This publication is dedicated to child victims of sexual exploitation and the organization that allowed me to devote most of my 30-year career as a Special Agent to fighting crimes against children. To the Federal Bureau of Investigation I also dedicate this publication to my wife and children, without whose support for all these years I could not have maintained my objectivity and balance. To Kathy, Melissa, and Rick ll - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728625 Kenneth V. Lanning, M.S., FBI (Retired) Mr. Lanning is a 30-year veteran of the FBI who spent 20 years in the Behavioral Science Unit and National Center for the Analysis of Violent Crime at the FBI Academy in Quantico, Virginia. He is a founding member of the Board of Direc- tors of the American Professional Society on the Abuse of Children (APSAC) and current member of the Advisory Board of the Association for the Treatment of Sexual Abusers (ATSA). He is the 1990 recipient of the Jefferson Award for Research from the University of Virginia, 1996 recipient of the Outstanding Pro- fessional Award from APSAC, and 1997 recipient of the FBI Director's Award for Special Achievement for his career accomplishments in connection with missing and exploited children. He has testified on seven occasions before the U.S. Con- gress and many times as an expert witness in state and federal courts. He has consulted on thousands of cases involving deviant sexual behavior and the sexual victimization of children. He has authored numerous articles and publications including one monograph titled Child Molesters: A Behavioral Analysis and another titled Child Sex Rings: A Behavioral Analysis that have been widely dis- tributed by the National Center for Missing & Exploited Children (NCMEC). He has made numerous presentations at major national and regional conferences on the sexual victimization of children, child abuse and neglect, and missing and exploited children and has lectured before and trained thousands of criminal- justice and mental-health professionals. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 111 EFTA01728626 Acknowledgments In addition to the unfailing support of my family and the Federal Bureau of Investigation, this publication would not be possible without the support and assistance of many colleagues who, over the past 30 years, helped me commit this body of experience to paper in a way that I hope will continue to be a critical tool for law-enforcement officers and prosecutors on the "front line" who investigate and prosecute cases involving the sexual victimization of children. Special thanks for their assistance with this edition of Child Molesters: A Behavioral Analysis go to Lucy Berliner of the Flarbomiew.Center for Sexual Assault & Traumatic Stress in Seattle, Washington; Cindy Lent and Linda Krieg of the FBI; and John Rabun, Ruben Rodriguez, Dan Armagh, Marsha Gilmer- Tullis, Terri Delaney, Kay Larson, Catherine Delaney, Sue Carruthers, Susanne Lappin, and Sheila Chapman-Panizza of the National Center for Missing & Exploited Children in Alexandria, Virginia. i‘f - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728627 Table of Contents Introduction...1 Caution...1 Overview...2 Stranger banger...3 Intrafamilial Child Sexual Abuse...4 Acquaintance Child Molestation...4 Definitions...9 Need...9 Defining the Termp Used...10 • Sexual Victimization of Children...10 Sexual Exploitation of Children...10 Sexual Aetivity...10 Child...12 Paraphilia...12 MO and Ritual...13 . Child Molester...14 Pedophile...15 Law-Enforcement.Typology..,19 . • Child Molester Vertus Pedophile...19. Needs, of Law Enforcement...20 Old Thpology...21 New Typology...22 Situational-Type Child Molesters-25 Preferential-Type Child Molesters...26 Who Cares?...29 • . • Problem Areas...31 Combination Offenders...al Nuisance Sex Offenders...31 Importance...32 •Evaluation...33 Multiple Offenders...34 Incest Cases...34 Female Offenders...35 r. . Adolescent ,Offenders...36 Identifying:Preferential Sex Offenders...37 Overview...37 • Preferential Sek Offenders...38 ,• Characteristics...38 • .• • "True" Pgdophiles...39: Application...44 •.• • . , Exaggerated Example...44 • Profiling?%.45 •• Acquaintance-Exploitation Cases (forMerly titled( "C*1d Bex.Rings")...47 Overview...47 • - Dynamics of Cases...48 "Experts"...48 Risk to Other Children.. A8 CHILD MOLESTERS: A BulAVIORAL ANALYSIS- V EFTA01728628  Role of Parents...48 Disclosure Continuum Status...49 Multiple Victims...49 Multiple Offenders...49 Gender of the Victim...49 Sexual Exploitation Versus Sexual Abuse Cases...49 Types of Multiple-Victim Cases...50 "Historical" Multiple-Victim Cases...51 Overview...51 • Characteristics...51 Age of Consent...52 Offender Strategies...54 Control...54 The Seduction Process...5,5 Operation of Cases Involving Multiple Child Victims...57 Offender-Victim Bond...58 High-Risk Situations...59 Collection of Child Pornography and Erotica...61 Coltection...01 • Child Pontography...62 Commercial Versus Homemade...63 Technical Versus Simulated...64 • Child Erotica...65 . Published Material Relating to Children...66 • Unpublished Material Relating to Children...67 Pictures, Photographs, and Videotapes of Children...68 Souvenirs and Trophies...68 Miscellaneous...68 Motivation for Collection...69 Use of Collectioo...70 Characteristics of Collection...71 Important...71 Constant...71 • Organized...71 Permanent...72 Con4ealed...72 Shared.,.72 Thekole of Law Enforcement...72 Value of Brotica...73 Evaluation of Child Porhography...74 Determining Age...74 Identifying Child Pornography and Erotica Victims...75' Sexually Explicit Conduct and Lasciviousness...76 Hypothetical Example...80 Evaluation Criteria...81 ' • Guilty Kntswledge,..83' "Expert" Search Warrants...84 Child Pornographer or Molester?...85 Investigative and Prosecutive Priorities...87 Vi - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS V{ 4 ;lc*. EFTA01728629 Use of Computers by Sex Offenders...89 Overview...89 Illegal Sexual Activity...89 Legal Sexual Activity...90 Understanding Behavior...90 Computer Offenders...91 Situational .Offenders...91 Preferential Offenders...91 Miscellaneous "Offenders"...92 "Concerned Civilians"...93 Use of Computers...94 Organize...95 Communicate, Fuel, and Validate...95 Maintenance of Business Records...96 Child Pornography...96 Interact and Solicit Sex With Children...97 Staleness of Probable Cause...99 Investigating Acquaintance Sexual Exploitation..4.01 Overview...101 The Law-Enforcement Perspective...102. r Emotion Versus Reason...102 The "Big-Picture" Approach...103 Interview...104 Law-Enforcement Role...104 The Disclosure/Reporting Continuum...105 Establishing Rapport and Clarifying Terms...106 •• Videotaping...106 General Rules and Catitions..,1-07 Assess and Evaluate...108 "Children Never Lie"...109 "If They Have the Details, It Must Have Happened"...110 Areas of Evaluation...112 Contagion...113 Summary of Evaluation and Assessment...114 Corroborate...115 • Document Behavioral.Symptoms of Sexual Victimization...115 Document Patterns of Behavior...116 Identify Adult Witnesses end Suspects...117 Medical Evidence...117 Other Victims...118 Search Warrants...119 Physical Evidence...119 Child Pornography and Child Erotica...119 Computers...120 Consensual Monitoring...120 Subject Confessions...121 Surveillance...121 Investigating Multiple-Victim Cases...122 Understanding the Seduction Process...122 CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - Vii EFTA01728630  Understanding the Preferential Molester...125 Proactive Approach...126 Establish Communication With Parents...127 Conclusion...128 After Identification...129 Pedophile Defenses...129 Denial...129 Minimization...129 Justification...129 Fabrication...130 Attack...130 After Conviction...131 Suicide...131 Bond Hearing...132 Sentencing Issues...132 Treatment...136 Investigative Difficulties...139 The "Ideal" Victim...139 Naturally Curious...139 Easily Led by Adults...139 Need for Attention and Affection...139 Need to Defy Parents...140 Children as Witnesses...140 Maligned Investigator...140 Societal Attitudes...141 Summary Quotes: "The Cliff Notes"...143 Appendix I: References...14S Appendix II: The Investigator's Basic Library...147 viii - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728631  Introduction V. N. The sexual victimization of children involves varied and diverse dynamics. It can range from one-on-one intrafamilial abuse to multioffender/multivictim extrafamilial sex rings and from stranger abduction of toddlers to prostitution of teenagers. This discussion will focus primarily on sexual exploitation of children perpetrated by "acquaintance molesters." This and other related terms will be defined and insight will be provided into the behavioral patterns of offenders and victims in such cases. The goal of this publication is to describe, in plain language, the behavioral dynamics of these cases. Because of the complexity of human behavior, these dynamics will often be described on a continuum rather than as either/or catego- ries. It is not intended to be a detailed, step-by-step investigative manual, nor does it offer rigid standards for the investigation. The material presented here may not be applicable to every case or circumstance. Although these investigative techniques may be utilized in other cases of sexual victimization of children, they are intended to be applied primarily to the investigation of molestation of chil- dren by adult acquaintances. Many real-world constraints, including lack of time and personnel, make following all the techniques discussed here impossible. General principles described in earlier chapters will be restated, reinforced, or summarized as they are applied in later chapters. In the interest of readability, children alleging sexual abuse or who are sus- pected of being sexually exploited will sometimes be referred to as "victims," even though their victimization may not have been proven in a court of law. This shorthand should not blur the fact that investigators are expected to keep an open mind and maintain complete objectivity. Although females can and do molest children, offenders will generally be referred to by the pronoun "he." The information in this publication and its application are based on my education, training, and more than 27 years of experience studying the criminal aspects of deviant sexual behavior and interacting with investigators and prosecutors. Although I understand that data is not the plural of anecdote, the information and opinions are based primarily on the totality of my acquired knowl- edge and expertise. My database is the thousands of cases on which I have consulted or studied. Its validity is the fact that its application has worked for all these many years. I have great confidence in its behavioral accuracy and reliability. Its legal acceptance and application, however, must be carefully evaluated by investigators and prosecutors based on departmental policy, rules of evidence, and current case law. This publication is intended to be a practical behavioral analysis. with application to the criminal-justice system. It is not intended to be a precise legal analysis with technical legal definitions. The use of terms also utilized in mental health (e.g., impulsive, compulsive, pedophilia) is not meant to imply a psychiatric diagnosis or lack of legal responsibility. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - EFTA01728632  In order to understand and investigate allegations of what constitutes "acquain- tance" molestation, it is important to have a historical perspective of society's general attitudes about sexual victimization of children. A brief synopsis of these attitudes in the United States is provided here in order to give a context to this discussion. That context, hopefully, will help investigators better understand some of the problems and investigative difficulties encountered in these cases. In the United States, society's historical attitude about sexual victimization of children can generally be summed up in one word: denial. Most people do not want to hear about it and would prefer to pretend that such victimization just does not occur. Today, however, it is difficult to pretend that it does not happen. Stories and reports about child sexual abuse and exploitation are daily occur- rences. Investigators dealing with sexual victimization of children must recognize and learn to address this denial. They must try to overcome it and encourage society to address, report, and prevent the sexual victimization of children. A complex problem such as the sexual victimization of children can be viewed from the three major perspectives of personal, political, and professional. The personal perspective encompasses the emotional—how the issues affect individual needs and wants. The political perspective encompasses the practical—how the issues affect getting elected, obtaining funding or pay, and attaining status and power. The professional perspective encompasses the rational and objective — how the issues affect sexually victimized children and what is in their best interest. Often these perspectives overlap or are applied in combination. Because most of us use all three, sometimes which perspective is in control may not be clear. In general ... The personal and political perspectives tend to domi- nate emotional issues like sexual victimization of children. sexually victimized children The personal and political perspectives are reality and will need more people addressing never go away. In fact many positive things can and have their needs from the been achieved through them (e.g., attention, adequate fund- professional perspective ing, equipment, manpower). In general, however, sexually victimized children need more people addressing their needs and fewer from the personal from the professional perspective and fewer from the per- and political perspectives. sonal and political perspectives. In their zeal to overcome denial or influence opinion, some individuals allow the personal or political perspectives to dominate by exaggerating or misrepre- senting the problem. Presentations and literature with poorly documented or misleading claims about one in three children being sexually molested, the $5 billion child pornography industry, organized child slavery rings, and 50,000 stranger-abducted children are still common. The documented facts in the United States are bad enough and need no embellishment. True professionals, when communicating about the problem, should clearly define their terms and then consistently use those definitions unless indicating otherwise. Professionals should understand and cite reputable and scientific studies, noting the sources of information. Operational definitions for terms (e.g., child, pedophile, sexual exploitation) used in cited research should be dearly expressed and not mixed to distort the findings. Once someone is caught using distorted or misleading infor- mation and labeled an extremist, people may not listen to what he or she says no 2 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728633 matter how brilliant or profound. When the exaggerations and distortions are discovered, the credibility of those people and the issue are diminished. "Stranger Danger" Especially during the 1950s and 1960s the primary focus in the limited literature and discussions on sexual victimization of children was on "stranger danger" — the dirty old man in the wrinkled raincoat approaching an innocent child at play: If one could not totally deny the existence of child sexual victimization, one could describe the victimization in simplistic terms of good and evil. The investigation and prevention of this "stranger danger" are more dear-cut. We immediately know who the good and bad guys are, what they look like, and that the danger is external. During this time the FBI distributed a poster that epitomized this attitude. It showed a man, with his hat pulled down, lurking behind a tree with a bag of candy in his hands. He was waiting for a sweet little girl walking home from school alone. At the top it read, "Boys and Girls, color the page, memorize the rules." At the bottom it read, "For your protection, remember to turn down gifts from strangers, and refuse rides offered by strangers." The poster clearly contrasts the evil of the offender with the goodness of the child victim. When confronted with such an offender the advice to the child is simple and dear —say no, yell, and tell. The myth of the typical child molester as the dirty old man in the wrinkled raincoat has been reevaluated based on what we have learned about the kinds of people who sexually victimize children. The fact is child molesters can look like anyone else and even be someone we know and like. The other part of this myth, however; is still with us, and it is far less likely to be discussed. It is the myth of the typical child victim as a completely innocent young girl walking down the street minding her own business. It may be more important to confront this part of the myth than the part about the evil offender especially when addressing the sexual exploitation of children and acquaintance child molesters. Child victims can be boys as well as girls, and older as well as younger. Not all child victims are "little angels." They are, however, human beings. Society seems to have a problem dealing with any sexual-victimization case in which the adult offender is not completely "bad" or the child victim is not completely "good." The idea that child victims could simply behave like human beings and respond to the attention and affection of offenders by voluntarily and repeatedly returning to an offender's home is a troubling one. It confuses us to see the victims in child pornography giggling or laughing. At professional confer- ences on child sexual abuse, child prostitution is rarely discussed. It is the form of sexual victimization of children most unlike the stereotype of the innocent vic- tim. Child prostitutes, by definition, participate in and sometimes initiate their victimization. Child prostitutes and the participants in exploitation cases involv- ing multiple victims are frequently boys. A therapist once told me that a researcher's data on child molestation were "misleading" because many of the child victims in question were child prostitutes. This seems to imply that child prostitutes are not "real" child victims. Whether or not it seems fair, when adults and children have sex, the child is always the victim. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 3 EFTA01728634  Although no longer the primary focus of sexual-victimization-of-children literature and training, stranger danger still maintains a disproportionate concern for society. Intrafamilial Child Sexual Abuse During the 1970s and 1980s society began to learn more about the sexual victim- ization of children. In my opinion this was primarily as a result of the women's movement. We began to realize that someone they know who is often a relative — a father, stepfather, uncle, grandfather, older brother, or even a female family member—sexually molests most children. Some mitigate the difficulty of accept- ing this by adopting the view that only family members of socioeconomic groups other than their own commonly engage in such behavior. It quickly became apparent that warnings about not taking gifts or rides from strangers were not good enough to realistically try to prevent most child sexual abuse. Consequently we began to develop prevention programs based on more complex concepts such as "good touching" and "bad touching," the "yucky" feeling, and the child's right to say no. These are not the kinds of things that can be easily and effectively communicated in 50 minutes to hundreds of kids of varying ages packed into a school auditorium. These are difficult issues, and pre- vention programs must be carefully developed and evaluated. By the 1980s child sexual abuse for many professionals had become almost synonymous with incest, and incest meant father-daughter sexual relations; therefore, the focus of child-sexual-abuse intervention and investigation turned to one-on-one, father-daughter incest. Even today a large portion of training materials, articles, and books on this topic refer to child sexual abuse only in terms of intrafamilial, father-daughter incest. Incest is, in fact, sexual relations between individuals of any age too closely related to marry. It need not, however, necessarily involve an adult and a child, and it goes beyond child sexual abuse. But more importantly child sexual abuse goes beyond father-daughter incest. Intrafamilial incest between an adult and child may be the most common form of child sexual victimization, but it is not the only form. The progress of the 1970s and 1980s in recognizing that child sexual vic- timization was not simply a result of "stranger danger" was an important breakthrough in dealing with society's denial. The battle, however, is not over. The persistent voice of society luring us back to the simpler concept of "stranger danger" never seems to go away. Acquaintance Child Molestation Today, for many child advocates and professionals in the field (Le., prosecutors, social workers, investigators) the sexual victimization of children still means one- on-one intrafamilial sexual abuse. Although they are certainly aware of other forms of sexual victimization of children, when discussing the problem in general their "default setting" that which is assumed without an active change) always seems to go back to children molested by family members. For the public the "default setting" seems to be stranger abduction. To them child molesters are sick perverts who physically overpower children and violently force them into sexual activity. 4 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728635  The often forgotten piece in the puzzle of the sexual victimization of children is acquaintance molestation. This seems to be the most difficult manifestation of the problem for society and the law to face. People seem more willing to accept a sinister stranger from a different location or father/stepfather from a different socioeconomic background as a child molester than a clergy member, next-door neighbor, law-enforcement officer, pediatrician, teacher, or volunteer with direct access to children. The acquaintance molester, by definition, is one of us. He is not just an external threat. We cannot easily distinguish him from us or identify him by physical traits. These kinds of molesters have always existed, but society and the criminal7justice system have been reluctant to accept the reality of these cases. When such an offender is discovered in our midst, a common response has been to just move him out of our midst, perform damage control, and then try to forget about it. Sadly one of the main reasons that the criminal-justice system and public were forced to confront the problem of acquaintance molestation was the preponderance of lawsuits arising from the negligence of many prominent organizations. One of the unfortunate outcomes of society's preference for the "stranger-danger" concept has a direct impact on the investigation of many acquaintance-exploitation cases. It is what I call, "say no, yell, and tell" guilt. This is the result of societal attitudes and prevention programs that tell potential child victims to avoid sexual abuse by saying no, yelling, and telling. This might work with the stranger lurking behind a tree. Children who are seduced and actively participate in their victimization, however, often feel guilty and blame themselves because they did not do what they were "supposed" to do. These seduced and, therefore, compliant victims may feela need to sometimes describe their victimiza- tion in more socially acceptable but inaccurate ways that relieve them of this guilt. Except for child prostitution, most sexual-exploitation-of-children cases in the United States involve acquaintance molesters who rarely use physical force on their victims. Advice to prevent sexual exploitation of children by adult acquaintances is complex and more difficult to implement. How do you warn children about pedophiles who may be their teachers, coaches, clergy members, or neighbors and whose only distinguishing characteristics are that they will treat the children better than most adults, listen to their problems and concerns, and fill their emo- tional and physical needs? Will parents, society, and the criminal-justice system understand when the victimization is discovered or disclosed? Much prevention advice simply does not distinguish to which types of sexual victimization it applies. The right to say "no" would be applied differently to a stranger, parent, or teacher. Although stranger, intrafandlial, and acquaintance child molesters have been described here as seemingly separate and distinct offenders, reality is not so simple. Who is a stranger, a family member, or an acquaintance should all be viewed on a continuum. The concept of who exactly is a "stranger" is not always clear-cut and obvious. It can range from someone never seen before and unknown, to someone seen but nameless, to someone named but unknown, to someone named and slightly known, to someone known from the Internet but never seen, and anyone in between. Every acquaintance offender started as a "stranger" the first time he met any potential child victim. In addition an offender molesting children to whom CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 5 EFTA01728636 he is an acquaintance can also molest children to whom he is a stranger. He might utilize the services of a child prostitute who may or may not know him. The "intrafamilial" molester can range from the biological father, to the stepfather, to mom's live-in boyfriend, to mom's roommate. An intrafamilial offender can molest children other than his own. He may be either a stranger or an acquain- tance to these additional victims. Most acquaintance child molesters use their occupations, hobbies, neighborhoods, or online computers to gain access to child victims; however, in addition to or in lieu of these methods, some romance or marry women who already have children. Such molesters may technically be intrafamilial offenders, but dynamically they are not. An acquaintance molester can be a neighbor the child sees every day or friend the child regularly communi- cates with on the Internet but sees for the first time when they finally meet in person. In this publication the determination of who is an "acquaintance" child molester, therefore, will be based more on the process and dynamics of the child victimization and less on the technical relationship between the offender and child victim. Stranger offenders can use trickery to initially lure their child victims, but tend to control them more through confrontation, threats of force, and physical force. Intrafamilial offenders tend to control their victims more through their private access and family authority. Acquaintance child molesters, although some- times violent, tend to control their victims through the grooming or seduction process. This process not only gains the victim's initial cooperation, but also decreases the likelihood of disclosure and increases the likelihood of ongoing, repeated access. Acquaintance offenders with a preference for younger victims (younger than 12) are more likely to also have to spend time seducing the potential victim's parents or caretakers to gain their trust and confidence. An acquaintance molester who uses violence is more likely to be quickly reported to law enforcement. An acquaintance molester who seduces his victims can some- times go unreported for 30 years or more. The acquaintance child molester might get involved in "abduction," usually by not allowing a child he knows and has seduced to return home. He may wind up abducting or not returning this child easily linked to him because he wants or needs the child all to himself away from a judgmental society Such missing chil- dren often voluntarily go with the offender. Abducting or running away with a child with whom you can be linked is a high-risk criminal behavior. Investigators can more easily identify this abductor and, therefore, find the missing child. Peers who are acquaintances also sexually victimize many adolescents. In order for sexual activity between peers to be a prosecutable crime, it would usually have to involve lack of consent in some form. This is a significant and overlooked problem. The focus of this publication, however, will not include ado- lescents sexually victimized by acquaintances who are peers. The sexual victimization of children by family members and "strangers" are serious and significant problems. This publication, however, will focus on the problem of sexual exploitation of children by adult acquaintances. It will provide insight into the two sides of• this relatively common, but poorly understood, type 6 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728637 of child victimization. The first side involves understanding the predatory, serial, and usually extrafamilial, acquaintance offenders who sexually exploit children through seduction and/or the collection, creation, or distribution of child pornog- raphy. With increasing frequency such offenders are also using online computers and traveling to underdeveloped countries to facilitate their sexual activity with children. The second side involves understanding the child victims as human beings with needs, wants, and desires. Child victims cannot be held to idealistic and superhuman standards of behavior. Their frequent cooperation in their victim- ization must be viewed as an understandable human characteristic that should have no criminal-justice significance. In theory the law recognizes their develop- mental limitations and affords them with special protection. The repeated use, however, of terms such as "rape," "sexual violence," "assault," "attack," "sexually violent predator," and "unwanted sexual activity," when discussing or inquiring about the sexual exploitation of children assumes or implies in the minds of many that all child victims resist sexual advances by adults and are then overpowered by coercion, threats, weapons, or physical force. Although cases with these elements certainly exist, when adults and children have sex, lack of "consent" can exist simply because the child is legally incapable of giving consent. Whether or not the child resisted, said no, and was overpowered are, therefore, not necessar- ily elements in determining if a crime has occurred. Understanding this is especially problematic for the public (i.e., potential jurors) and professionals (i.e., physicians, therapists) who lack specialized training in criminal law and may not rely on strict legal analysis. Both halves of this form of sexual exploitation of children must be recognized, understood, and addressed if these cases are going to be effectively investigated and prosecuted. The sad reality is, however, that such behavior does have significance in the perception of society and "real world" of the courtroom. Society's lack of understanding and acceptance of the reality of acquaintance molestation and exploitation of children often results in ■ failure to disclose and even denial of victimization ■ incomplete, inaccurate, distorted disclosures when they do happen ■ lifetime of victim shame, embarrassment, and guilt ■ offenders with numerous victims over an extended period of time ■ ineffective prevention programs that also make the first four problems even worse This publication hopes to address and improve this situation for the benefit of the victims, investigators, and prosecutors. While society has become increas- ingly more aware of the problem of the acquaintance molester and related problems such as child pornography, the voice calling the public to focus only on "stranger danger" and many child-abuse professionals to focus only on intrafamilial sexual abuse still persists. Sexual-exploitation cases involving acquaintance molesters present many investigative challenges, but they also present the oppor- tunity to obtain a great deal of corroborative evidence and get solid convictions. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 7 EFTA01728638  Definitions In the last chapter a variety of terms were used and deliberately left undefined in order to make a point. Many of these terms are thought to be basic and are, therefore, frequently not defined. Both nonprofessionals and professionals use them regularly. Seeming disagreements and differences of opinion are often the result of con- fusion over definition. Some say that pedophiles can be treated, and others claim that they cannot. Some say there is a connection between missing children and child pornography, and others say there is not. Some people say that communi- ties should be notified when sex offenders move into a neighborhood, others say it is an unproductive violation of privacy. This is not simply a matter of a differ- ence of opinion. Referring to the same thing by different names and different things by the same name frequently creates con- fusion. For example the same 15-year-old individual can be Referring to the same thing referred to as a(n) "baby," "child," "youth," "juvenile," by different names and "minor," "adolescent," "adult," or (as in one forensic different things by the psychological evaluation) "underage adult." A father who same name frequently coerces, a violent abductor, an acquaintance who seduces, a child-pornography collector, or an older boyfriend can all creates confusion. be referred to as a "child molester" or "pedophile." In written and spoken communication definitions are crucial to understand- ing. The problem is that when we use basic or common terms, we rarely define them. What is the difference between the sexual.abuse of children and sexual exploitation of children? What is the difference between child molestation and child rape? What does it mean to someone who reads in the newspaper that a child was the victim of "indecent assault," a child was "sodomized," or an offender was convicted of "indecent liberties" with a child? Terms such as "sexual exploitation of children and youth" or "sexual exploita- tion of children and adolescents" imply that a youth or an adolescent is not a child. At what age does a child become a youth or adolescent? If such a person is sexually victimized, is that considered youth molestation or sexual abuse of adolescents? Although many recognize the importance of definitions, a major problem is the fact that many terms do not have one universally accepted definition. They have different meanings on different levels to different disciplines. For example the dictionary or lay person's definition of a "pedophile" is not the same as the psychiatric definition in the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, Text Revision, commonly referred to as the DSM-IV-TR (American Psychiatric Association, 2000). Legal definitions may not be the same as societal attitudes. The definition problem is most acute when professionals from different disciplines come together to work or communicate abOut the sexual vic- timization of children. Definition are less important when investigating and prosecuting cases and more important when discussing, researching, and writing about the nature and scope of a problem. This publication is an example of the latter. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 9 EFTA01728639  The important point, then, is not that these terms have or should have only one definition but that people using the terms should communicate their defini- tions, whatever they might be and then consistently use those definitions. In order to alert investigators to potential confusion and clarify the intended meaning, below is a discussion of some key terms as used in this publication. luorkTP, Sexual Victimization of Children The term sexual victimization of children is used as the broadest term to encom- pass all the ways in which a child can be sexually victimized. Under this umbrella term are the wide variety of forms of sexual victimization such as sexual abuse of children, sexual exploitation of children, sexual assault of children, and sexual abduction of children. Many professionals do not deal with or realize the wide diversity of ways that children can be sexually victimized. More importantly they may not recognize how these forms of victimization are alike and unalike. Sexual Exploitation of Children The term sexual exploitation of children is difficult to precisely define. This diffi- culty is usually addressed by giving examples instead of a definition. It means different things to different people. For some it implies a commercial or mon- etary element in.the victimization. For many, including the United States federal government, it often implies sexual victimization of a child perpetrated by some- one other than a family member or legal guardian. It is contrasted with the term "sexual abuse" of children, which is used most often to refer to one-on-one intrafamilial abuse. As used in this publication sexual exploitation of children refers to forms of victimization involving significant and complex dynamics that go beyond an offender; a victim, and a sexual act. It includes victimization involving sex rings, child pornography, the use of computers, sex tourism, and child prostitution. Other than child prostitution, the exploitation does not necessarily involve com- mercial or monetary gain. In fact, in the United States, child pornography and sex-ring activity most often result in a net financial loss for offenders. Cns of sexual exploitation of children may involve intrafamilial offenders and victims although this is not typical. Depending on definitions it could be argued that all sexually abused children are exploited, but not all sexually exploited children are abused. For example a child who has been surreptitiously photographed in the nude has been sexually exploited but not necessarily sexually abused. Child prostitution is a significant and often ignored aspect of sexual exploitation. Due to its complexity and the narrow focus of this publication, child prostitution will not be discussed here in any detail. This should in no way be interpreted as meaning that child prostitution is not a serious problem or form of sexual victimization and exploitation of children. Sexual Activity Defining "sexual activity" is not as easy as many people think. Is a sex crime determined by the motivation for the acts or specific acts performed? Sexual victimization of children can run the gamut of "normal" sexual acts from fon- dling to intercourse; however, looking solely at the nature of the acts performed 10 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728640 does not necessarily solve the problem. Seemingly "sexual" behaviors (i.e., vagi- nal or anal intercourse) can be in the service of nonsexual needs and may, in fact, be more motivated by power and/or anger. This is why it is often said that rape, a crime involving obvious sexual activity, is not a sex crime but a crime of violence. Obviously such acts may still be considered sexual assaults by the law even if they were motivated by nonsexual needs. Sex can also include deviant sexual acts involving behavior such as sadomas- ochism, bondage, urination, and defecation. A sexual act for one person might not be a sexual act for another, or it might not be illegal. Some would argue, therefore, that a sex crime is one motivated by sexual gratification. Some acts can be sexual acts if you can prove the intent or motivation of the individual. Are kissing, hugging, or appearing naked in front of a child sexual acts? Are giving a child an enema, taking a child's rectal temperature, having a child spit in a cup, or cutting a child's hair sexual acts? Are a physical examination by a doctor, hands-on wrestling instructions by a coach, or photographing a child playing dead sexual acts? It is common for child molesters when interviewed to admit their acts but deny the intent (i.e., "I was demonstrating a wrestling hold with the child." "I was taking measurements for a study on adolescent growth." "It was part of an initiation ceremony."). All these acts could be sexual acts if you could prove the intent was for sexual gratification. Seemingly "nonsexual" behavior can be in the service of sexual needs. How does an investigator prove intent or motivation? Can a crime have more than one motivation? Can we determine motivation from the offender? We know that offenders are more reluctant to admit sexual motives than other types of motives (i.e., profit, revenge, anger, power). Does the offender always know his motivation? Potential ways to address this problem will be discussed later in this publication. It is important for investigators to realize that some acts may not be crimes even if they can prove they were done for sexual gratification. Photographing children on the playground, tape recording the belching of boys, or listening to children urinate in a public bathroom can be sexual acts for some individuals, but they are most likely not crimes. Other acts involve societal and cultural judgments. Do allowing children to watch adults have sex or gain access to pornography constitute child sexual abuse or child neglect? Should artists, photographers, and therapists have special privi- leges under child-pornography statutes? Can a high-quality artistic photograph taken with an expensive camera and printed on expensive paper still be child pornography? Is it child abuse to ask a child to reenact sexual abuse the child has described? Is it a crime to photograph the reenactment? Is bunting a child's geni- tals with a lit cigarette physical abuse, sexual abuse, or both? Does it ever matter? Yes, the specific motivation might have important investigative or prosecutive significance in some cases. Investigators and prosecutors obviously must look to the law to determine what is a sex offense and the elements of the offense. Some states allow wider latitude in looking at motivation to determine what is a sex crime. In any case, when evaluating the significance and relevance of offender behavior and children's allegations, investigators should always consider both the activity and its motivation. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - II EFTA01728641  Child There clearly can be a conflict between the law and society when it comes to defining a child. Sympathy for victims is inversely proportional to their age and sexual development. Many people using the term sexual abuse of children have a mental image of children 12 or younger. The main problem, there