EFTA01728716.pdf

Whatever the prosecutors' views of child pornography might be, it is important that they dearly communicate their criteria for prosecuting or not prosecuting a particular case. Some of the possible criteria to consider in a child- pornography case not involving production include • amount of time and energy put into it by the subject • size of the collection • format (i.e., videotapes, magazines, digital images) • sexual themes (e.g., sadism, urination, bondage) III age of the children portrayed or of the subject ■ percentage of child pornography in the total collection ■ amount of erotica or other paraphernalia collected • quality of images ■ receipt, distribution, or both • profit • solicitation (i.e., requesting/encouraging others to produce) • access to children (Le., teacher, coach, youth volunteer) III molestation of children (Le., past, present, or future) The prosecutive criteria should be communicated and consistent. If a case meets the set-forth criteria, the investigator should have a reasonable expectation the case will be prosecuted. The criteria, however, should be viewed as policy with some degree of flexibility. The policy should reflect what is usually done and not necessarily what is always done. In order to evaluate child pornography or determine what and how many prosecutive criteria it meets, investigators and prosecutors must have facts and details. Many of those fads and details are best obtained from executing a valid search warrant or obtaining a consent. to search. For some reason many prosecu- tors seem to believe that executing such a search warrant should be the final step in the investigation. They want all the answers to the evaluation and prosecutive criteria before the search when, in fad, many of the answers will come from the search itself. The execution of the search warrant and subsequent search should be viewed not as the last step, but simply one step in the investigation. Obviously there must be probable cause and/or consent to conduct such a search. 88 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728716  Use of Computers by Sex Offenders We have historically warned our children about the dangers associated with strang- ers, but often neglected to help them understand that sex offenders are often people they have come to know either in person or now online. Throughout his- tory nonfamily members who sexually exploit children have frequented the places where children gather. Schoolyards, parks, and malls have been prime contact places. Offenders have also used technological advancements (e.g., cameras, tele- phones, automobiles) to facilitate their sexual interests and behavior. Starting in the 1990s, home computers, online services, and the Internet have become new points of contact and technological tools. Although most of the offenders currently utilizing computers in their sexual victimization of children would generally be considered to be "acquaintance molesters," some might be family members and others might be strangers. Some of these offenders might also be sexually victimizing children without using com- puters. For example they may also be sexually abusing readily available children, including their own, or trafficking in or collecting child pornography in maga- zine, boolc, photograph, or videotape formats and utilizing the mail. Although it is the focus of this discussion, the focus of the investigation cannot be only on the computer. The computer is only a tool. Also, as the capabilities and availability of computers change, their role in the sexual victimization of children will also change. Some may wonder why a discussion of acquaintance molesters would include a section on the use of computers. That is because, like most acquain- tance molesters, individuals attempting to sexually exploit children through the use of computer online services or the Internet tend to gradually seduce their targets through the use of attention, affection, kindness, and gifts. They are behavior- ally like acquaintance molesters and best viewed as such for investigative and prevention purposes. They are often willing to devote considerable amounts of time, money, and energy to this process. They will listen to and empathize with the problems of children. They will be aware of the music, hobbies, and interests of children. Unless the victims are already engaged in sexually explicit computer conversation, offenders will usually lower any inhibitions by gradually introduc- ing the sexual context and content. Some offenders use the computer primarily to collect and trade child pornography, while others seek online contact with other offenders and children. Some do both. Offenders who do either or both with a computer can also do either or both without the computer. Children, especially adolescents, are often interested in and curious about sexu- ality and sexually explicit material. They will sometimes use their online access to actively seek out such material. They are moving away from the total control of parents and trying to establish new relationships outside the family. Sex offenders targeting children will use and exploit these characteristics and needs. Adoles- cents may also be attracted to and lured by online offenders closer to their age who, although not technically "pedophiles," may be dangerous. • Illegal Sexual Activity Computer-related sexual exploitation of children usually comes to the attention of law enforcement as a result of individual/victim complaints, referrals from CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 89 EFTA01728717 commercial service providers, and inadvertent discovery during other investiga- tions. Increasingly, cases are being proactively identified as a result of undercover investigations that target high-risk computer sites or utilize other specialized tech- niques. Sexual activity involving the use of computers that is usually illegal and, therefore, the focus of law-enforcement investigations includes ■ producing or possessing child pornography ■ uploading and downloading child pornography ■ soliciting sex with "children" • In the vernacular of computer-exploitation investigators, those who traffic in online child pornography are known as "traders" and those who solicit sex with children online are known as "travelers." Using the computer to solicit sex with "children" could include communicating with actual children as well as with law- enforcement officers who are taking a proactive investigative approach and pretending to be children or pretending to be adults with access to children. After using the computer to make contact with the "child," other illegal activity could involve traveling to meet the child or having the child travel to engage in sexual activity. Cases involving adolescents using the computer to solicit sex with other ado- lescents and traffic in child pornography that portrays pubescent "children" are a problem area for the criminal-justice system especially the federal system. For purposes of illegal sexual activity and child pornography, the federal statutes and many local statutes define children or minors as individuals who have not yet reached their sixteenth or eighteenth birthdays. Such behavior, therefore, may be technically illegal, but may not be sexually deviant. Legal Sexual Activity Sexual activity involving the use of computers that may be of concern, but is usually legal includes ■ validating sexually deviant behavior and interests ■ reinforcing deviant arousal patterns ■ storing and sharing sexual fantasies ■ lying about one's age and identity ■ collecting adult pornography that is not obscene ■ disseminating "indecent" material, talking dirty "cyber-sex," and, provid- ing sex instructions ■ injecting oneself into the "problem" of computer exploitation of children to rationalize interests Although many might find much of this activity offensive and repulsive and special circumstances and specific laws might even criminalize some of it, it is for the most part legal activity. The investigation of chil • -sexual-exploitation cases involving computers requires knowledge of the technical, legal, and behavioral aspects of computer use. Because each of these areas is so complex, however, investigators must also iden- 90 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728718 tify experts and resources available to assist in these cases. Exploitation cases involving computers present many investigative challenges, but they also present the opportunity to obtain a great deal of corroborative evidence and investigative intelligence. This discussion will focus primarily on the dynamics of offender and victim behavior in the computer exploitation of children. Computer Offenders Offenders using computers to sexually exploit children tend to fall into the three broad categories of situational, prefer- Exploitation cases involving ential, and miscellaneous "offenders." computers present many investigative challenges, Situational Offenders but they also present the Situational offenders include a ■ "normal" adolescent/adult - usually a typical opportunity to obtain a great adolescent searching online for pornography and sex deal of corroborative evidence or an impulsive/curious adult with newly found and investigative intelligence. access to a wide range of pornography and sexual opportunities. ■ morally indiscriminate - usually a power/anger-motivated sex offender with a history of varied violent offenses. Parents, especially mothers, who make their children available for sex with individuals on the Internet would also most likely fit in this category ■ profiteers —with the lowered risk of identification and increased potential for profit, the criminal just trying to make easy money has returned to trafficking in child pornography. When situational-type offenders break the law, they can obviously be investigated and prosecuted, but their behavior is not as long-term, persistent, and predictable as that of preferential offenders. They are a more varied group. Preferential Offenders Preferential offenders include a ■ pedophile offender, as previously discussed, with a definite preference for children. • • diverse offender with a wide variety of paraphilic or deviant sexual interests, but no strong sexual preference for children. This offender was previously referred to in my original typology as the sexually indiscriminate. ■ latent individuals with potentially illegal, but previously latent sexual preferences who have more recently begun to criminally act out when their inhibitions are weakened after their arousal patterns are fueled and validated through online computer communication. The essential difference between the pedophile type -and diverse type of preferential offender is the strength of his sexual preference for -children. As pre- viously stated the pedophile type is primarily interested in sex with children that might, in some cases, involve othet sexual deviations or paraphilias. The diverse type is primarily interested in a variety of sexual deviations that might, in some cases, involve children. For example the pornography and erotica collection of CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 91 EFTA01728719 the diverse preferential offender will be more varied, usually with a focus on his particular sexual preferences or paraphilias and sometimes involve children, whereas a pedophile% collection will focus predominately on children and some- times involve other paraphilias. Searching a computer for this varied adult-theme pornography can sometimes be justified if it helps identify the person using the computer or is linked to and helps explain the victimization of children. If children are directly molested, the diverse offender is more likely to victimize pubescent children. More naive prepubescent children, however, are sometimes selected to minimize confronting possible challenges to or embarrassment over their deviant sexual interests. With an absence of prior criminal sexual activity, latent offenders present prob- lems concerning what prosecution and sentence is appropriate. A thorough investigation and good forensic psychological evaluation, possibly aided by the use of the polygraph or other deception-assessment devices, are helpful in evalu- ating such apparent "latent" offenders. Miscellaneous "Offenders" Miscellaneous "offenders" include ■ media reporters - individuals who erroneously believe they can go online and traffic in child pornography and arrange meetings with suspected child molesters as part of an authorized and valid news exposé. ■ pranksters - individuals who disseminate false or incriminating informa- tion to embarrass the targets of their "dirty tricks." ■ older "boyfriends" - individuals in their late teens or early twenties attempting to sexually interact with adolescent girls or boys. ■ overzealous civilians - members of society who go overboard doing their own private investigations into this problem. As will be discussed, investi- gators must be cautious of all overzealous civilians who offer their services in these cases. Although these miscellaneous "offenders" may be breaking the law, they are obviously less likely to be prosecuted. This category includes media reporters breaking the law as part of a bona-fide news story It does not include reporters, or any other professionals, who engage in such activity to hide or rationalize the fact that they have a personal interest in it. They would be situational or preferen- tial offenders. Media reporters frequently do not notify law enforcement of their "undercover" activity until it reaches a crisis point, and then they want law enforcement to respond immediately. Overzealous civilians could also include sex-offender therapists and researchers engaging in this type of activity. Only law-enforcement officers as part of official, authorized investigations should be conducting proactive investigation or downloading child pornography on a com- pute. No one should be uploading child pornography. It should be noted that federal law does allow an affirmative defense for the possession of child pornogra- phy only if less than three matters are possessed and it is promptly, in good faith and without retaining or allowing access to any other person, destroyed or reported to a law-enforcement agency that is afforded access to each depiction (18 U.S.C. § 2252(c)). As previously stated the test for those claiming professional use of child pornography should be twofold. Do they have a professional use for 92 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728720 the material, and were they using it professionally? Both standards must be met in order to seriously consider the claim. Using a computer to fuel and validate interests and behavior, facilitate interacting with child victims, or possess and traffic in child pornography usually requires the above-average intelligence and economic means more typical of prefer- ential sex offenders. The computer sex offenders'discussed here hate tended to be white males from a middle class or higher socioeconomic background. As computers and use of the Internet have become more commonplace, however, there are now increasing numbers of the more varied situational sex offenders. In computer cases, especially those involving proactive investigative techniques, it is often easier to determine the type of offender than in other kinds of child- sexual-exploitation cases. When attempting to make this determination, it is important to evaluate all available background information. The information noted below from the online computer activity can be valuable in- this assessment. This information can often be ascertained from the online service provider and through undercover communication, pretext contacts, informants, record checks, and other investigative techniques (e.g., mail cover, pen register, trash run, surveillance). ■ screen name ■ screen profile ■ accuracy of profile ■ length of time active ■ amount of time spent online ■ number of transmissions ■ number of files ■ number of files originated ■ number of files forwarded ■ number of files received ■ number of recipients ' ■ site of communication ■ theme of messages and that ■ theme of pornography A common problem in these cases is that it is often easier to determine a computer is being used than to determine who is using the computer. It is obvi- ously harder to conduct a background investigation when multiple people have access to the same computer. Pretext telephone calls can be useful in such situations. • "Concerned Civilians" Many individuals who report information to the authorities about deviant sexual activity they have discovered on the Internet must invent clever excuses for how and why they came upon such material. They often start out pursuing their own sexual/deviant interests, but then decide to report to law enforcement either because it went too far, they are afraid authorities might have monitored them, or they need to rationalize their perversions as having some higher purpose or value. Rather than honestly admitting their own deviant interests, they make up elabo- rate explanations to justify finding the material. Some daim to be journalists; CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 93 EFTA01728721 researchers; or outraged, concerned members of society trying to protect a child or help law enforcement. In any case, what they find may still have to be investi- gated. If information from such "concerned civilians" is part of the basis for an expert's opinion in the warrant, there could be questions concerning its reliability and accuracy. Investigators must consider the true motivations of these "concerned civil- ian?' who report such activity. They may be individuals who, among other things, have ■ embellished and falsified an elaborate tale of perversion and criminal activity on the Internet based on their need to deny or rationalize their own deviant sexual interests ■ uncovered other people using the Internet to validate and reinforce bizarre, perverted sexual fantasies and interests (a common occurrence), but these other people are not engaged in criminal activity ■ uncovered other people involved in criminal activity One especially sensitive area for investigators is the preferential sex offender who presents himself as a concerned civilian reporting what he inadvertently "discovered" in cyberspace or requesting to work with law enforcement to search for child pornography and protect children. Other than the obvious benefit of legal justification for their past or future activity, most do this as part of their need to rationalize their behavior as worthwhile and gain access to children. When these offenders are caught, instead of recognizing this activity as part of their preferential pattern of behavior, the courts sometimes give them leniency because of their "good deeds." Preferential sex offenders who are also law-enforcement officers sometimes claim their activity was part of some well-intentioned, but unauthorized investigation. In the best-case scenario, these "concerned civilians" are well-intentioned, overzealous, and poorly trained individuals who are, therefore, more likely to make mistakes and errors in judgment that may jeopardize a successful prosecution. In the worst-case scenario these "concerned civilians" are pedophiles attempting to justify and get legal permission for their deviant sexual behavior. In any case, investigators should never sanction or encourage civilians to engage in "proactive investigation" in these cases. Investigators should always encourage civilians to immediately and honestly report any criminal activity they inadvert- ently discover online. The great appeal of a computer becomes obvious when one understands sex offenders especially the preferential sex offender. The computer could be a stand- alone system or one utilizing an online-service capability. Whether a system at work, a library, a cyber café, or home, the computer provides preferential sex offenders with an ideal means of filling their needs to ■ obtain and organize their collections, correspondence, and fantasy material ■ communicate with victims and other offenders ■ store, transfer, manipulate, and create child pornography ■ maintain business records 94 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728722  The sex offender using a computer is not a new type of criminal. It is simply a matter of modern technology catching up with long-known, well-documented behavioral needs. In the past they were probably among the first to obtain and use, for their sexual needs, new inventions such as the camera, telephone, auto- mobile, "instant" camera, and the video camera and recorder. Because of their traits and needs, they are willing to spend whatever time, money, and energy it takes to obtain, learn about, and use this technology. They are usually among the first to obtain and utilize any new technology that fills their needs. Organize Offenders use computers to organize their collections, correspondence, and fantasy material. Many preferential sex offenders in particular seem to be com- pulsive recordkeepers. A computer makes it much easier to store and retrieve names and addresses of victims and individuals with similar interests. Innumer- able characteristics of victims and sexual acts can be easily recorded and analyzed. An extensive pornography collection can be cataloged by subject matter. Even fantasy writings and other narrative descriptions can be stored and retrieved for future use. Such detailed records can be invaluable in determining the ages of children in pornography images, identifying additional victims, iden- tifying additional subjects, and proving intent. One problem the computer creates for law enforcement is determining whether computer text describing sexual assaults are fictional stories, sexual fan- tasies, diaries of past activity, plans for future activity, or current threats. This problem can be compounded by the fact that there are individuals who believe that cyberspace is a new frontier where the old rules of society should not apply. They do not want this "freedom" scrutinized and investigated. For general guid- ance in evaluating this material, in texts that are just fantasy, everything seems to go as planned or scripted with no major problems. Reality rarely works out so well. There is, however, no easy solution to this problem. Meticulous analysis, documentation, and investigation are the only answers. Communicate, Fuel, and Validate Many offenders are drawn to online computers to communicate and validate their interests and behavior. This validation is actually the most important and compelling reason that preferential sex offenders are drawn to the online com- puter. In addition to physical contact and putting a stamp on a letter or package, they can use their computer to exchange information and for validation. Through the Internet, national and regional online services, or specialized electronic bulle- tin boards, offenders can use their computers to locate individuals with similar interests. The computer may enable them to obtain active validation (i.e., from living humans) with less risk of identification or discovery. The great appeal of this type of communication is perceived anonymity and immediate feedback. They feel protected as when using the mail, but get immediate response as when meeting face-to-face. Like advertisements in "swinger magazines," computer online services are used to identify individuals of mutual interests concerning age, gender, and sexual preference. The offender may use an electronic bulletin board to which he has authorized access or illegally enter a system. The offender can also setup his own CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 95 EFTA01728723  underground online bulletin boards or Internet sites or participate surreptitiously or openly in those of others. In addition to adults with similar interests, offenders can sometimes get validation from the children they communicate with online. Children needing attention and affection may respond to an offender in positive ways. They may tell the offender he is a "great guy" and that they are grateful for his interest in them. They appreciate the fact that he is willing to listen to and nonjudgmentally discuss sex with them. In communicating with children, and in a few cases with adults, offenders can easily assume the identities of other adults and one or more children. Validation is also obtained from the fact that they are utilizing the same cuffing-edge technology used by the most Because of [the] validation intelligent and creative people in society. In their minds the process and the fueling time, technology, and talent it takes to engage in this activ- of sexual fantasy with ity is proof of its value and legitimacy. Because of this online pornography, I validation process and the fueling of sexual fantasy with online pornography, I believe that some individuals with believe that some individuals potentially illegal, but previously latent sexual preferences with potentially illegal, have begun to criminally "act out." Their inhibitions are but previously latent sexual weakened after their arousal patterns are fueled and vali- dated through online computer communication. This does preferences have begun not in any way suggest we should blame the computer and to criminally 'act out.' that offenders are not legally accountable for their behavior. Their inhibitions are As previously stated offenders' need forvalidation is the weakened after their foundation on which proactive investigative techniques (e.g., stings, undercover operations) are built and the primary arousal patterns are fueled reason they work so often. Although their brains may tell and validated through online them not to send child pornography or reveal details of past computer communication. or planned criminal acts to a stranger they met online, their need for validation and to fulfill their sexual fantasies often compels them to do so. Maintenance of Business Records Offenders who have turned their child pornography into a profit-making busi- ness use computers the same way any business uses them. Things such as lists of customers, dollar amounts of transactions, descriptions of inventory can all be recorded. on the computer. Because trafficking in child pornography by computer lowers the risks, there has been an increase in profit-motivated distribution. Child Pornography An offender can use a computer to transfer, manipulate, and even create child pornography. With the typical iffirne computer and modem, still images can eas- ily be digitally stored, transferred from print or videotape, and transmitted with each copy being as good as the original. Visual images can be stored on hard drives, floppy disks, CD-ROMs, or DVDs. With newer technology, faster modems, digital cameras, and more powerful computers, similar things can now be done with moving images. Increasingly available, high-speed Internet connec- 96 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728724 Lions are now making it possible to even transmit the most preferred child- pornography format—high-quality, lengthy moving images (e.g., videotape, films). The other invaluable modern inventions for pornographers, the video camera and recorder, are now being used with the computer. Real-time video images, multimedia images with motion and sound, and virtual-reality programs can pro- vide added dimensions to pornography. The data that is stored and transmitted can also be encrypted to deter detection. The ability to manipulate digital visual images can make it more difficult to determine the ages of the persons in them. Television commercials can now employ techniques to make it appear that Paula Abdul is dancing with Gene Kelly and John Wayne is talking to a drill sergeant. Halfway through the movie Forrest Gump, Lieutenant Dan's legs are no longer visible. With computer- graphics programs, images can easily be changed or "morphed." This is similar to the technology that is used to "age" the photographs of long-term missing children. Whatever the burden of proof, computers make evaluating questionable child pornography much easier. Rarely is the context of its possession and distribution (i.e., how it was produced, saved, and used) as well documented as in cases involving computers. With a computer, investigators and prosecutors can usually evaluate and consider ■ sources of the images ■ how it was traded ■ other material transmitted with the images ■ amount of material sent and/or received ■ overall themes of the images ■ use of zip files ■ directory and file names assigned by suspect ■ messages with the images ■ content of related chat (by far the most valuable) ■ manipulation of images Interact and Solicit Sex With Children Offenders can use the computer to troll for and communicate with potential vic- tims with minimal risk of being identified. The use of a vast, loose-knit network like the Internet can sometimes make identifying the actual perpetrator difficult. On the computer the offender can assume any identity or characteristics he wants or needs. Children from dysfunctional families and families with poor communi- cation are at significant risk for seduction. Older children are obviously at greater risk than younger children. Adolescent boys confused over their sexual orienta- tion are at particularly high risk of such contacts. By no reasonable definition can an individual with whom a child has regularly communicated online for months be called a "stranger," even if that individual has lied about his true identity. Many offenders, however, are reasonably honest about their identity and some even send recognizable photographs of themselves. They spend hours, days, weeks, and months communicating, including a lot of listening, with children. In the world of the Internet, someone you never met in person is not only not a stranger, but can be your "best friend." Warning potential CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 97 EFTA01728725 victims about online "predators" can communicate a false impression of the nature of the danger. The child can be indirectly "victimized" through conversation (e.g., "chat," "instant messages") and the transfer of sexually explicit information and material. The child can also be evaluated for future telephonic or face-to-face contact and direct victimization. The latest technology allows real-time group participation in child molestation by digital teleconferencing on a computer. After developing a relationship online, offenders who are arrested attempting to meet with children, or individuals they believe to be children, to engage in illegal sexual activity often claim that they were not really going to have "sex." They claim the discussed sex was just a fantasy or cyber sex, part of their under- cover "investigation," or a means of communicating with a troubled child. Some claim that because of their vast online experience they always knew that the per- son they were communicating with was really not a child. This is highly unlikely for a need-driven offender. In addressing these issues of intent, motivation, or knowledge, investigators must objectively weigh all of the offender's behavior (i.e., past history, honesty about identity, collection of pornography or erotica, nature of communications, who was notified about activity, overt actions taken). The idea that all communication about sex on the Internet is just fantasy or cyber sex is absurd and not consistent with the reality of many Internet relationships. Ultimately a judge or jury will decide this question of fact. Investigators must recognize that many of the children lured from their homes after online computer conversations are not innocents who were duped while doing their homework. Most are normal, curious, rebellious, or troubled adoles- cents seeking sexual information or contact. Society has to stop focusing on the naive belief that teenagers are "accidentally" getting involved. Most teenagers deliberately go to web sites such as "www.whiteftouse.com" to find pornography, not to find information about the president. Investigation will sometimes discover significant amounts of adult and child pornography and other sexually explicit material on the computer of the child victim. Investigation will sometimes discover that the child victim has made as many, if not more, mis- representations than the offender; nevertheless, they have been seduced and manipulated by a clever offender and usually do not fully understand or recog- nize what they were getting into. The child victim may, however, believe that the offender is a "true love" or rescuer with whom they want to have sex. Even if they do fully understand, the law is still supposed to protect them from adult sexual partners. Consent should not be an issue with child victims. Investigators must recognize and deal with these dynamics when interviewing these online child victims. (See the chapters titled "Acquaintance-Exploitation Cases," beginning on page 47, and "Investigating Acquaintance Sexual Exploitation" beginning on page 101.) Identified victims, even those whose abuse did not involve a computer, should be interviewed about their knowledge of the offender's use of a computer. In particular they may know details such as the offender's passwords. When law-enforcement officers are pretending to be children as part of authorized and approved proactive investigations, they must remember that the 98 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728726 number of potential offenders is proportional and the "appeal" of the case is inversely proportional to the "age" of the "victim." Because there are far more potential offenders interested in older children, pretending to be a 15- or 16-year- old will result in a larger online response. The resulting case, however, will have far less jury appeal. Pretending to be a 5- or 6-year-old is unrealistic. Most online undercover investigators claim to be 12, 13, or 14 years old. If you can effectively pretend to be a 12-year-old, it seems to make less sense to pretend to be a 13- or 14-year-old. One alternative used by many investigators is to pretend to be an adult with access to young children. Investigators must also remember that when pretending to be a boy online, the "relationship" usually moves a lot faster, and they must be prepared to take appropriate action faster. Because of delays in communicating details from proactive investigations, stale- ness is a common problem in computer-exploitation cases. It may take weeks or months for the details learned from an undercover Internet investigation in one part of the country to be disseminated to investigators with jurisdiction over the target computer in another part of the country. Obviously the best way to address the staleness of probable cause is to "freshen" it up with current investigation and information. As stated in the chapter titled "Collection of Child Pornography and Erotica," beginning on page 61, staleness can also be addressed with an "expert" search warrant, but before doing so prosecutors should do legal research and be aware of appellate decisions that support this approach. They should also be aware of Congressional "Finding" #12 in the Child Pornography Prevention Act of 1996 which states, "prohibiting the possession and viewing of child pornography will encourage the possessors of such material to rid themselves of or destroy the material...." I am not sure what this "finding" is based on, but it is contrary to what I have learned in my many years of studying preferential sex offenders and their demonstrated need to collect and po ts child pornography. It has been my experience that the true preferential sex offender will not rid himself of or destroy his collection simply because possessing it is illegal. Most importantly this finding is contrary to what is usually stated in such expert search warrants. Another way to address "staleness" is to recognize that the information in question may not be stale. It is a matter of differing opinion as to when the informational basis for probable cause in a computer case becomes stale. Some prosecutors say in days. Others say weeks, and most say months. I believe that the time interval varies based on the type of information. Because of characteris- tics of technology and human behavior, probable cause about information on a computer should not even be considered stale for at least one year. It is not easy to effectively delete the information on a computer even when you try. Further- more most people do not delete the information on a regular basis. Such editing of a computer is likely to occur less often than cleaning out the garage, attic, or basement. Because this is a common human characteristic, it should not require the opinion of an expert. CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 99 EFTA01728727 Investigating Acquaintance Sexual Exploitation This chapter is intended to offer general guidelines on how to apply the previ- ously discussed behavioral dynamics to the investigation and prosecution of cases of sexual exploitation of children perpetrated by acquaintance molesters. Intrafamilial, child-sexual-abuse cases can be difficult to prove in a court of law. Frequently there is only the word of one child against that of an adult. This is, however, rarely the case in child-sexual-exploitation cases especially those involv- ing preferential sex offenders. With multiple victims, no one victim should have to bear the total burden of proof, and cases should rarely, if ever, be severed for prosecution. The best victims and cases should be selected for prosecution. It will be extremely difficult to convict a prominent, well-respected member of the com- munity based only on the testimony of one troubled, delinquent adolescent or one confused, naive young child. It is commonly accepted that child sexual victimization is a complex problem requiring the efforts and coordination of many agencies and disciplines. No one agency or discipline possesses the personnel, resources, training, skills, or legal mandate to deal effectively with every aspect of child maltreatment. In this context law enforcement interacts with a variety of professions and agencies dur- ing the investigation process. For example some offenders cross jurisdictional boundaries, and many violate a variety of state and federal laws when exploiting children. This often will mean working with other local, state, and 'federal law-enforcement agencies in multijurisdictional investigative teams and with pros- ecutors, social services, and victim assistance in multidisciplinary teams. This can be done as part of informal networking or a formal task force. The multidisciplinary approach not only is advantageous in avoiding duplication and making cases but is also in the With multiple victims, no one best interests of the child victim. It may minimize the num- victim should have to bear ber of interviews and court appearances and provide the the total burden of proof and victim with needed support. The team approach can also help investigators deal with the stress and isolation of this cases should rarely; if ever, work by providing peer support. The multidisciplinary be severed for prosecution. approach is mandated statutorily or authorized in the majority of states and under federal law (U.S. Department of Justice, 1993). Working together as part of a multidisciplinary team means coordination not abdication. Each discipline performs a function for which it has specific resources, training, and experience. Although each discipline must understand how its role contributes to the team approach, it is equally important that it understands the respective responsibilities and limitations of that role. For example child-protec- tion agencies usually cannot get involved in cases in which the alleged perpetrator is not a parent or caretaker (i.e., acquaintance molester). The team approach is a two-way street. Just as medical and psychological professionals are charged with evaluating and treating the abused or neglected child, law-enforcement investigators are responsible for conducting criminal CHILD MOLESTERS: A BEHAVIORAL ANALYSIS - 101 EFTA01728728  investigations. Just as law-enforcement officers need to be concerned that their investigation• might further traumatize a child victim, therapists and physi- cians need to be concerned that their treatment techniques might hinder the investigation. The Law-Enforcement Perspective The law-enforcement perspective deals with criminal activity and legally defensible fact-finding. The process must, therefore, focus more on ■ admissible evidence of what happened than on emotional belief that some- thing happened ■ the accuracy than on the existence of repressed memory ■ objective than on subjective reality ■ neutral investigation than on child advocacy In their desire to convince society that child sexual victimization exists and children do not lie about it, some professionals interpret efforts to seek corrobora- tion for alleged sexual victimization as a sign of denial or disbelief. Corroboration, however, is essential. Investigators cannot just accept that something sexual hap- pened to a child and ignore the context details that are necessary if it is to be proven in a court of law. When the only evidence offered is the word of a child against the word of an adult, child sexual victimization can be difficult to prove in a court of law. It is not the job of law-enforcement officers to believe a child or any other victim or witness. The child victim should be carefully interviewed. The information obtained should be assessed and evaluated, and appropriate investigation should be conducted to corroborate any and all aspects of a victim's statement. The investigator should always be an objective fact-finder considering all possibilities and attempting to determine what happened with an open mind. As previously stated, in a valid case, the best and easiest way to avoid child-victim testimony in court is to build a case so strong that the offender pleads guilty. Most children, however, can testify in court if necessary. Emotion Versus Reason Regardless of intelligence and-education, and often despite common sense and evidence to the contrary, adults tend to believe what Regardless of intelligence they want or need to believe. The greater the need, the and education, and often greater the tendency. The extremely sensitive and emotional despite common sense and nature of child sexual exploitation makes this phenomenon evidence to the contrary, a potential problem in these cases. For some no amount of training and education can overcome this zealotry. Some adults tend to believe what people seem to be incapable of becoming objective fact- they want or need to believe. finders in some sexual-victimization-of-children cases. The greater the need, the Investigators must evaluate this tendency in other inter- veners and minimize it in themselves by trying to do their greater the tendency. job in a rational, professional manner. In order to be effective interviewers, investigators must be both aware of and in control of their own feelings and beliefs about victims and offenders in child-sexual-exploitation cases. People in the United States tend to have ste- reotypical concepts of the innocence of children and malevolence of those who sexually victimize them. Most investigators now know that a child molester can look like anyone else and may even be someone we know and like. As previously discussed the stereotype of the child victim as a completely innocent 102 - CHILD MOLESTERS: A BEHAVIORAL ANALYSIS EFTA01728729 little girl, however, is still with us and less likely to be addressed by lay people and even professionals. In reality child victims of sexual abuse and exploitation can be boys as well as girls, and not all victims are "angels" or even little." The idea that some children might enjoy certain sexual activity or behave like human beings and engage in sexual acts as a way of receiving attention, affection, gifts, and money is troubling for society and many investigators. . Depending on the nature of the abuse and techniques of the offender, investigators must understand that the The idea that some children victim may have many positive feelings for the offender and even resent law-enforcement intervention. The might enjoy certain sexual investigator must be able to discuss a wide variety of sexual activity or behave like human activities, understand the victim's terminology, and avoid beings and engage in sexual being judgmental. Not being judgmental is much more acts as a way of receiving difficult with a delinquent adolescent engaged in homo- sexual activity with a prominent clergyman than with a attention, affection, gifts, and sweet 5-year-old girl abused by a low-life" stranger. Inves- money is troubling for society tigators often nonverbally communicate their judgmental and many investigators. attitude through gestures, facial expressions, and body l