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NEWS
Sentences vary greatly for child
sex offenders - study, Irish Times, 24 September 2007
Sentences vary greatly for child sex offences - study
John Downes
Significant variations in the sentences handed out by
the Irish courts to individuals convicted of offences such as taking a
child for sexual exploitation and allowing a child to be used for
pornography have been highlighted in new research.
The authors of a forthcoming book on the issue also argue that the
increasing perception of childhood as a particularly dangerous time has
adversely led even routine dealings with children to be viewed with
suspicion, or what they call the "paedophile gaze".
Research contained in Child Pornography: Crime, Computers and Society,
reveals that individuals who take a child for sexual exploitation or
allow them to be used for pornography received a sentence of up to six
years imprisonment in some cases, but just two to two-and-a-half years
in other cases.
Similarly, those involved in the production of and/or distribution of
child pornography received sentences ranging from three years to two
years suspended.
The vast majority of the cases studied related to simple possession of
child pornography material, with sentences ranging from five years
imprisonment with the last two years suspended, to a €600 fine.
Judges interviewed by the authors said they attach particular weight to
the seriousness of the crime when determining punishment, but felt that
a set of sentencing guidelines similar to those available in the UK
would be of benefit to Irish judges.
Among the other considerations for judges when
determining sentences were the nature of the images and whether a guilty
plea was entered.
The book also finds that there is no evidence that "sex tourist"
legislation introduced here in 1996 has been used to charge any Irish
citizen or resident who committed a sexual offence against a child
outside the State.
The authors analysed sentences in 47 cases covered by newspapers here
between 2000 and 2004, 13 cases identified in confidential interviews
with judges, and 36 cases outlined to the authors by the Director of
Public Prosecutions. The latter interviews did not identify defendants,
meaning many of the cases overlapped.
The authors, Prof Ian O'Donnell and Claire Milner of UCD's Institute of
Criminology, note the relationship between child pornography and the use
of childhood sexuality as a marketing tool. They point to a marketing
niche known as "KGOY (Kids getting older younger)", which is exploited
by companies to promote sexualised material to young children. But they
argue the criminal justice response to child pornography actually
exacerbates the problem.
"[ It] causes an overestimation of the risks faced by
children with all the attendant anxiety for parents and carers.
"It would be to our collective advantage to shape a society where the
threat to children's sexual integrity is acknowledged as real but
manageable rather than as a cause of crippling anxiety," it states.
© 2007 The Irish Times
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