“MONSTROUS” shouted the banner of the
Boston Herald on October 4, 1997. For once, the paper’s
notoriously hyperbolic headline writers had struck the
right tone.1 Three days earlier, ten-year-old
Jeffrey Curley of Cambridge had disappeared in the
middle of the afternoon while washing his dog outside
his grandmother’s house. Now he was dead.
Jeffrey’s neighbor Salvatore Sicari, twenty-one, and
Charles Jaynes, twenty-two, of Brockton, had reportedly
lured the child into Jaynes’s Cadillac with the promise
of a new bike. Sicari, according to his own confession,
drove the car while Jaynes wrestled with Jeffrey in the
back seat, trying to force him to have sex. For many
minutes, the 80-pound boy fought off the 250-plus-pound
man; finally, Jeffrey succumbed to the burning
suffocation of the gasoline-soaked rag held over his
face.
The men loaded the body into the trunk and made their
way to a Manchester, New Hampshire, apartment that
Jaynes had rented and decorated with children’s posters.
In the early hours of the morning, again according to
Sicari, Jaynes laid the corpse on the kitchen floor and
raped and sodomized it. After that, the men mixed cement
in a fifty-gallon storage container, stuffed Jeffrey’s
body into it, sprinkled lime on his face to speed
decomposition, and traveled north to a bridge in South
Berwick, Maine, where they hefted the plastic coffin
into the river.
In separate murder trials a year later, each man
blamed the other. Sicari was convicted of kidnapping and
first-degree murder, for which he received a sentence of
life without parole. Jaynes was found guilty of
second-degree murder, because the jury could not
positively place him at the crime scene. No sex charges
were brought. Jaynes protested his innocence to the end,
even shouting out during the prosecutor’s final
arguments that he had not hurt Jeffrey. His first parole
hearing would come after twenty-three years’
incarceration.
The story was terrifying enough to inject freon into
the veins of any parent. But terror begs for reason, and
while the Curley family struggled to find spiritual
lessons in their child’s demise, other parents watched
their own kids pedal down the street on their bikes and
looked desperately to the authorities to do, to
say...something. Everyone wanted to understand how two
men could commit such an atrocity against the affable,
gap-toothed little guy in a Little League cap who smiled
from the front page every day.
Sicari, according to his neighbors, was a menacing
punk. He’d been picked up loitering near a schoolyard
with cocaine on him, allegedly to sell, and been
convicted of punching and kicking the twenty-year-old
mother of his then one-year-old son. One of his favorite
means of scaring up cash was to steal little kids’
bicycles. Jaynes, who, unlike his accomplice, was
employed, nevertheless had a rap sheet and a trail of
seventy-five unanswered warrants, mostly for passing bad
checks and coaxing other people’s money out of ATMs.
Yet these ordinary criminal pedigrees held no warning
of the cruelty the men would inflict on Jeffrey. They
surely failed to supply the meaning the Curley family
and an increasingly restive community longed for. It did
not seem sufficient to call Jeffrey’s murder what it
was: an event utterly without sense, a ghastly
aberration of high psychopathology, a crime of such
rarity as to be, statistically, almost nonexistent. This
inexplicable tragedy needed an explanation.
No one needed to look far. Both the media and its
audience were adept at fitting any happening—an
election, a new food product, a child’s murder—into some
sociological “trend,” and every mother and father in
America had heard of this one. Experts were on hand to
supply analyses, newspaper databases were searched for
crimes and criminals similar, or similar enough, to this
one. The monsters needed a name, and they got one, in
the first phrase of the Boston Herald’s first article on
the apprehension of the suspects: “A pair of sexual
predators smothered a 10-year-old Cambridge boy....”
How could such a vile event have occurred? It
occurred because of the kind of people Salvatore Sicari
and Charles Jaynes were: they were sexual predators,
“pedophiles.” From hundreds of other articles and
television reports, readers already knew that kind of
person and were sure these two were not alone in the
world.2 Indeed, the men’s photographs,
reproduced scores of times atop the hundreds of columns
of newsprint the story would command over the next year,
suggested a crowd of compatriots, an army of murderers
compelled by perverse desire.
The Pedophile: The Myth
Hear the word pedophile and images and ideas flood to
mind. Pedophiles are predatory and violent; the criminal
codes call their acts sexual attacks and sexual
assaults.3 Pedophiles look like Everyman or
any man—”a teacher, a doctor, a lawyer, a judge, a scout
leader, a police officer, an athletic coach, a religious
counselor”4—but their sexuality makes them
different from the rest of us, sick: pedophilia is
listed in the American Psychiatric Association’s
Diagnostic and Statistical Manual of Mental Disorders,
the canon of psychopathology.5 Pedophiles are
insatiable and incurable. ”Statistics show that 95% of
the time, anyone who molests a child will likely do it
again,” declared an Indiana senator proposing community
notification laws for former sex offenders.6
“The only molesters who can be considered permanently
cured are those who have been surgically castrated,” Ann
Landers once wrote.7
Pedophiles abduct and murder children, and people who
abduct and murder children are likely to be pedophiles.
“The pedophile who kidnapped Adam from a mall and killed
him in 1981....” began a feature on molesters by
Boston Herald reporter J. M. Lawrence, following
Jeffrey’s killing. He was referring to the still
unsolved abduction-murder of six-year-old Adam Walsh,
whose case helped spur the creation of the National
Center for Missing and Exploited Children and (some say)
the career of his father, John, now the host of The
FBI’s Most Wanted. Even if a child survives a liaison
with a pedophile, we believe, he will inevitably suffer
great harm. “The predatory pedophile is as dangerous as
cancer. He works as quietly, and his presence becomes
known only by the horrendous damage he leaves,” stated
the children’s lawyer and sex-thriller writer Andrew
Vachss.
And pedophiles are legion, well-organized, and
cunning in eluding detection. ”I believe that we’re
dealing with a conspiracy, an organized operation of
child predators designed to prevent detection,” Kee
MacFarlane, director of the Children’s Institute
International in Los Angeles and a premier architect of
the satanic-ritual-abuse scare of the 1980s, told
Congress in 1984.8 “If such an operation
involves child pornography or the selling of children,
as is frequently alleged, it may have greater financial,
legal, and community resources at its disposal than
those attempting to expose it.”9 Ten years
later, after a far-reaching national network of state
and federal agents had been put in place to track them
down, pedophiles were still strangely invisible. “There
really aren’t any figures. It’s a hidden offense that
often doesn’t come to the surface,” said Debra Whitcomb,
director of Massachusetts’ Educational Development
Center Inc. In 1994, referring to the “child sexual
exploitation” on the Net that her organization had just
received a $250,000 government grant to
combat.10
Perhaps it is no wonder that in a Mayo Clinic study
of anxieties reported to pediatricians, three-quarters
of parents were afraid their children would be abducted;
a third said it was a “frequent worry,” more frequent
than fretting over sports injuries, car accidents, or
drugs.11 And no wonder Jeffrey Curley’s
murder, the crest of a wave of highly publicized
criminal brutality, revived the crusade for capital
punishment in Massachusetts, or that it was in this
movement, as a spokesman for state-administered revenge,
that his father, a firehouse mechanic named Bob, briefly
found voice for his unutterable grief.12
The Facts
The problem with all this information about
pedophiles is that most of it is not true or is so
qualified as to be useless as generalization. First of
all, the streets and computer chat rooms are not
crawling with child molesters, kidnappers, and
murderers. According to police files, 95 percent of
allegedly abducted children turn out to be “runaways and
throwaways” from home or kids snatched by one of their
own parents in divorce custody disputes.13
Studies commissioned under the Missing Children’s
Assistance Act of 1984 estimate that between 52 and 158
children will be abducted and murdered by nonfamily
members each year.14 Extrapolating from other
FBI statistics, those odds come out between 1 in 364,000
and fewer than 1 in 1 million.15 A child’s
risk of dying in a car accident is twenty-five to
seventy-five times greater.
Fortunately, pedophilic butcheries are even rarer
than abduction-murders. For instance, in 1992, the year
a paroled New Jersey sex offender raped and killed Megan
Kanka, the seven-year-old after whom
community-notification statutes were named, nine
children under age twelve were the victims of similar
crimes, out of over forty-five million in that age
group.16 As for Adam Walsh, invoked by the
Boston Herald as the victim of molestation
murder, no defendant was ever indicted in his
disappearance. According to detectives in Hollywood,
Florida, where the crime occurred, Adam’s father spread
the rumor that the abductor was a pedophile, most
prominently in a much-quoted book about child molesters,
although there was neither suspicion nor evidence of sex
in the case.17
Molestations, abductions, and murders of children by
strangers are rare. And, say the FBI and social
scientists, such crimes are not on the
rise.18 Some researchers even believe that
some forms of molestation, such as exhibitionism, might
be declining.19
There are, moreover, few so-called pedophiles in the
population, though it is hard to say how few. “I write
`1, 5, 21, 50' on the board and ask my students, `Which
is the percentage of pedophiles in the country?’” said
Paul Okami, in the University of California at Los
Angeles psychology department, who has analyzed the data
on pedophilia in America. “The answer is all of them.”
That’s because a “pedophile,” depending on the legal
statute, the perception of the psychologist, or the
biases of the journalist, can be anything from a college
freshman who has once masturbated with a fantasy of a
twelve-year-old in mind to an adult who has had sexual
contact with an infant.20
As for the “pure” clinical species, Okami believes
that the proportion of Americans whose primary erotic
focus is prepubescent children hovers around 1 percent.
Estimating from lists of so-called pedophile rings,
arrest records, and his own experience, David Techter,
the former editor of the Chicago-based pedophile
newsletter Wonderland, put the number at “maybe
100,000.”21 Criminal records do not indicate
there are large or growing numbers of pedophiles. Even
as the age of consent has risen and arrests for
lower-level sex crimes have increased
dramatically,22 arrests for rape and other
sex offenses, including those against children, still
constituted only about 1 percent of all arrests in
1993.23
Pedophiles are not generally violent, unless you are
using the term sexual violence against children in a
moral, rather than a literal, way. Its perpetrators very
rarely use force or cause physical injury in a
youngster.24 In fact, what most pedophiles do
with children could not be further from Charles Jaynes’s
alleged necrophilic abominations. Bringing themselves
down to the maturity level of children rather than
trying to drag the child up toward an adult level, many
men who engage in sex with children tend toward kissing,
mutual masturbation, or “hands-off” encounters such as
voyeurism and exhibitionism.25 <p. Indeed,
say some psychologists, there may be no such thing as a
“typical” pedophile, if there is such a thing as a
pedophile at all. Qualities by which social scientists
and the police have marked him, such as his purported
shyness or childhood sexual trauma, do not bear out with
statistical significance.26 More important,
sexual contact with a child does not a pedophile make.
“The majority of reported acts of sexual abuse of
children are not committed by pedophiles,” but by men in
relationships with adult women and men, said John Money,
of Johns Hopkins, a preeminent expert on sexual
abnormalities.27 They are men like Charles
Jaynes, who wrote in his journal about a fast crush on a
“beautiful boy” with “a lovely tan and crystal-blue
eyes” and in whose car police found literature from the
North American Man/Boy Love Association (NAMBLA) but who
had an adult girlfriend and was rumored to be lovers
with Sicari, who also had a girlfriend.28
In other words, there may be nothing fundamental
about a person that makes him a “pedophile.” So-called
pedophiles do not have some genetic, or incurable,
disease. Men who desire children can change their
behavior to conform with the norms of a society that
reviles it. Pedophilia can be renounced; in the medical
language we now use to describe this sexual proclivity,
it can be “cured.” Indeed, contrary to politicians’
claims, the recidivism rates of child sex offenders are
among the lowest in the criminal population. Analyses of
thousands of subjects in hundreds of studies in the
United States and Canada have found that about 13
percent of sex offenders are rearrested, compared with
74 percent of all prisoners.29 With
treatment, the numbers are even better. The state of
Vermont, for example, reported in 1995 that its
reoffense rates after treatment were only 7 percent for
pedophiles, 3 percent for incest perpetrators, and 3
percent for those who had committed “hands-off” crimes
such as exhibitionism.30
The Enemy Is Us
All this rational talk may mean nothing to a parent.
Nine in forty five million children are raped and
murdered: slim odds, sure, but if it happens to your
baby, who cares about the statistics? Still, most
parents manage to put irrational fears in perspective.
Why, in spite of all information to the contrary, do
Americans insist on believing that pedophiles are a
major peril to their children? What do people fear so
formidably?
Our culture fears the pedophile, say some social
critics, not because he is a deviant, but because he is
ordinary. And I don’t mean because he is the ice-cream
man or Father Patrick. No, we fear him because he is us.
In his elegant study of “the culture of child
molesting,” the literary critic James Kincaid traced
this terror back to the middle of the nineteenth
century. Then, he said, Anglo-American culture conjured
childhood innocence, defining it as a desireless
subjectivity, at the same time as it constructed a new
ideal of the sexually desirable object. The two had
identical attributes—softness, cuteness, docility,
passivity—and this simultaneous cultural invention has
presented us with a wicked psychosocial problem ever
since. We relish our erotic attraction to children, says
Kincaid (witness the child beauty pageants in which
JonBenét Ramsey was entered). But we also find that
attraction abhorrent (witness the public shock and
disgust at JonBenét’s “sexualization” in those
pageants). So we project that eroticized desire outward,
creating a monster to hate, hunt down, and
punish.31
In her classic 1981 study, Father-Daughter Incest,
feminist-psychologist Judith Lewis Herman suggested
another source of self-revulsion that might lead us to
project outward. Child abuse, she said, is close to
home, built into the structure of the “normal,”
“traditional” family. Take the family’s paternal
authority enforced through violence, along with its
feminine and child submission, its prohibitions against
sexual talk and touch, and its privacy sanctified and
inviolable, she said. Add repressed desire, and the
potential of incest festers, waiting to
happen.32
Herman’s work was at the front edge of a horrifying
suspicion, the truth of which is now firmly established.
Even if child-sex crimes against strangers are rare,
incest is not. Like pedophilia, it’s hard to say how
common it is, since incest figures are almost as muddied
as those of adult-child sex outside the family. On one
hand, child abuse statistics are notoriously unreliable;
for example, of the 319,000 reports of sexual abuse of
children in 1993, two-thirds were
unsubstantiated.33 The expansion of the
definitions of family members, the ages of people
considered children, and the types of interactions
labeled abuse have jacked up incest figures. So has the
popular suspicion of incest as an invisible source of
later psychological distress, especially among women.
Since the 1980s, self-help authors have claimed that you
don’t even have to remember a sexual event to know it
occurred. “If you think you were abused and your life
shows the symptoms, then you were,” wrote Ellen Bass in
The Courage to Heal.34 The symptoms of
past molestation listed in such books range from asthma
to neglect of one’s teeth.35
On the other hand, professionals under the influence
of Freud have denied the existence of incest for
decades, interpreting children’s reports of real
seductions as oedipal fantasies, and still may count
only cases involving physical coercion, discounting the
inestimable pressures on children to yield to a parent’s
sexual advances out of dependency, fear, loyalty, or
love.
At any rate, reliable sources show that more than
half, and some say almost all, of sexual abuse is
visited upon children by their own family members or
parental substitutes.36 The federal
government recorded over 217,000 cases in 1993 (fewer
than the media hysteria would indicate, but still
plenty).37 Research confirms what is
intuitively clear: that the worst devastation is wrought
not by sex per se but by the betrayal of the child’s
fundamental trust. And the closer the relation, the more
forced or intimate the sex acts, and the longer and
later in a child’s life they persist, the more hurtful
is the immediate trauma and longer-lasting the harm of
incest. Incest is a qualitatively different experience
from sex with a nonfamily adult; almost inevitably, the
former is a lot worse.38 Even those who don’t
buy Kincaid’s claim that the cultural “we” are drooling
over the prepubescent Macaulay Culkin cavorting through
Home Alone in his underpants or Herman’s metaphor of the
family as incest incubator might be surprised to find
that their own secret yearnings could be illegal. The
vast majority of so-called pedophiles do not go out and
ravage small children. So-called criminals are most
often caught not touching but looking at something
called child pornography (which I will get to in a
moment). And their desired objects are not “children”
but adolescents, about the age of the model Kate Moss at
the start of her modeling career.39 “The
clients are usually white, suburban, married businessmen
who want a blow job from a teenage boy but don’t
consider themselves gay, and heterosexual men who seek
out young girls,” said Edith Springer, who worked for
many years with teenage prostitutes in New York’s Times
Square. “I have never in all my years of therapy and
counseling come across what the media advertise as a
‘pedophile.’” Psychologists and law enforcers call the
man who loves teenagers a hebophile. That’s a
psychiatric term, denoting pathological sexual deviance.
But if we were to diagnose every American man for whom
Miss (or Mr.) Teenage America was the optimal sex
object, we’d have to call ourselves a nation of
perverts. If the teenage body were not the culture’s
ideal of sexiness, junior high school girls probably
would not start starving themselves as soon as they
notice a secondary sex characteristic, and the leading
lady (on-screen or in life) would not customarily be
twenty to forty years younger than the leading man. I
asked Meg Kaplan, a widely respected clinician who
treats sex offenders at the New York State Psychiatric
Institute’s Sexual Behavior Clinic, about the
medicalization and criminalization of the taste for
adolescent flesh. “Show me a heterosexual male who’s not
attracted to teenagers,” she snorted. “Puh-leeze.”
Rather than indict our Monday night football buddies,
rather than indict the family, though, we circle the
wagons and project danger outward. “Screen out anyone
who might be damaging to your child. Whenever possible,
assume childcare responsibilities,” the FBI’s Kenneth
Lanning advised the readers of Life. “Tell your kids
that if an adult seems too good to be true, maybe he
is.”40
Genealogy of a Monster
Days after Jeffrey Curley’s murder, the Boston
Herald was fulfilling its public duty to provide
sound-bite cultural analysis. “[S]exually oriented
Internet chat rooms, the proliferation of sexual
situations on TV, and easy access to hard-core
pornography are creating more damaged children and
possibly the next generation of pedophiles,” opined one
“expert.” Another blamed welfare reform, which sent
single mothers to work, leaving their kids to fend on
their own. “And there are always child molesters looking
for these kids.”41
Dire assessments of a morally anarchic world are not
new. But they tend to crop up in times of social
transformation, when the economy trembles or when social
institutions crumble and many people feel they’re losing
control of their jobs, their futures, or their
children’s lives. At times like these, the
childmolesting monster can be counted on to creep from
the rubble.
He first showed his grizzly face in modern
Anglo-American history at the height of
industrialization, in the late nineteenth century. In
the cities and mill towns, poor and working-class
children and adolescents left their homes and went out
to work, where they met with new opportunities for
sexual pleasure and new sources of sexual and economic
pain. The young working girl’s pleasures—to dance,
flirt, or engage in casual prostitution to augment her
meager wages—offended Victorian and religious morals.
Her pains—exploitation and harassment in the factories,
rape, disease, and unwed motherhood—outraged feminists
and socioeconomic reformers. The English writer Henry
Worsley called the factory a “school of iniquity”
producing in the child an unseemly “precocity” about
“the adult world and its pleasures.”42 The
press, eager to heat up these simmering sensitivities,
”discovered” in the gutters a marketplace in which venal
capitalism fornicated with sexual license. This commerce
was called white slavery.
In 1885, the popular tabloid Pall Mall Gazette
introduced London’s readers to the “white slaver.” Its
sensationalist series “The Maiden Tribute of Modern
Babylon,” one of the most successful “exposés” in
journalistic history, told of a black market in which
virgin girls were sold by their hapless mothers to
wicked neighborhood procuresses, who in turn prostituted
them to eager, amoral “gentlemen.” The articles ignited
one of the greatest moral panics in modern British
history.43
When a similar panic took hold in America a decade or
so later, it had literally a different complexion. Waves
of immigrants from China, southern Europe, and Ireland,
as well as blacks from the South, were pouring into the
cities. And while African chattel slavery had been
abolished, racism was hardly dead. “White slavery” was
so named to denote that its alleged victims were of
northern European descent (the institutionalized rape of
African slaves would not be acknowledged until a century
later). Meanwhile, the sexual salesmen described in
almost all accounts of “white slavery” were
swarthy-sinister almost by definition-Jews, Italians,
and Greeks.44
Although adult prostitution did flourish in the new
industrial cities, the trade in children on either side
of the Atlantic was virtually an invention.45
The Gazette’s editor, it turned out, had
engineered the abduction of the “five-pound virgin”
(referring to her price, not her weight) around whom his
expose was built;45 “the throngs of child
prostitutes” claimed by London’s anti-white-slavery
campaigners were “imaginary products of sensational
journalism intended to capture the attention of a
prurient Victorian public,” according to the historian
Judith Walkowitz.47 Rates of American
prostitution were also hugely inflated: one figure
reported in the New York suffragist press was multiplied
tenfold from probable reality.48
Nevertheless, both moral campaigns led to a spate of sex
restrictive legislation. Following the “Maiden Tribute”
articles, the British age of consent rose from thirteen
to sixteen.49 In America, between 1886 and
1895, twenty-nine states raised theirs from as low as
seven to as high as eighteen.50 Some of the
laws, like the British criminalization of homosexuality,
stayed on the books into the late twentieth century.
As the twentieth century progressed, the sex monster
went into hibernation. He was briefly roused during the
Depression, when widespread financial failure threatened
an epidemic of foundering masculine confidence and
sparked suspicions of a compensatory “hypermasculinity”
that would burst out in pathological desires for young
bodies.51 The child molester slumbered again,
however, when World War II gave America a real enemy,
and no little debauchery was tolerated both stateside,
between the women and high schoolers left to run the
factories, and near the front, where single and married
fighting men took sexual R&R with the residents of
the war’s scarred cities.52
When the war ended, however, it was time to get
gender and the family back to "normal." Men had to
resume the breadwinning and women the bread baking. The
homosexual culture that had seen its first sparks in the
barracks and soldiers’ bars had to be
extinguished.53 And teenagers, who had
enjoyed a taste of adult wage earning and adult sexual
license during the wars and the Depression, had to be
dispatched back to childhood. Lingering resistance
required an antidote: a social menace to make the
renewed old order more attractive. And before FBI
director J. Edgar Hoover and Senator Joseph McCarthy
began painting that menace red, they set their sites on
pink: the first targets of their inquests were
homosexuals in the State Department. The hounded
homosexuals in high places stood as a public example of
(and to) perverts allegedly on the loose everywhere. The
photomontage running beside Hoover’s famous 1947 article
"How Safe Is Your Daughter?" announced the return of the
sex monster: three white girls in fluffy dresses and
ankle socks fleeing from a huge, hovering masculine
hand. "The nation’s women and children will never be
secure," the caption read, inserting a heart-stopping
ellipsis "... so long as degenerates run
wild."54
During this time, psychology was establishing itself
as a profession, the apex of a centuries-long process by
which the management of social deviance shifted from the
purview of preachers to that of clinicians. Modern case
books gave the monster a new name: the "sexual
psychopath," compelled to molest children by
"uncontrolled and uncontrollable desires."55
By the mid-1950s, prewar anxieties about masculinity had
zeroed in on sex between men, and in both the academy
and the public imagination the psychopath took on the
stereotypic characteristics of the homosexual, and vice
versa. Boys were alerted never to enter public toilets
alone. And after every grisly crime against a child, the
gay bars were sure to be raided.56 As they
had a half century earlier, the headlines rang out
alarms of a crime wave against children: "Kindergarten
Girl Accosted by Man," "9 Charges against Molester of
Girls," "What Shall We Do about Sex
Offenders?"57 But also like the panic of that
earlier era, this one reflected no actual increase in
violent sex crimes against children. Nevertheless,
commissions were empaneled, new laws were passed, and
arrests increased. Whereas most of these, like most
arrests today, were for minor offenses such as flashing
or consensual homosexual sex,58 a few highly
publicized violent crimes drew a clangor of public
demand for dragnets, vigilante squads, life
imprisonment, indefinite incarceration in mental
institutions, castration, and execution of the psycho
killers,59 all of which were revived in the
1980s and 1990s.
During the 1960s and 1970s, sex panic gave way to
sexual liberation, including, for a brief moment, the
notion that children had a right to sexual expression.
"Sex is a natural appetite," wrote Heidi Handman and
Peter Brennan in 1974, in Sex Handbook: Information
and Help for Minors. "If you’re old enough to want
to have sex, you’re old enough to have it."60
But as women’s and children’s sexual options were
proclaimed, their experiences of coercion were also
thrown into relief. Feminists started speaking out
against sexual violence under the cloak of family and
romantic intimacy; suspicion grew that child sexual
abuse was epidemic. An industry of therapists
specializing in unearthing past abuse and curing its
purported effects began to prosper.
The cold war was melting into detente; for the first
time in living memory, Americans were bereft of national
enemies and native subversives. The new
political-therapeutic alliance unearthed the same old
nemesis to children’s sexual innocence and safety. But,
in the age of media, the old white slaver-child molester
wore a modern hat. Now, besides kidnapping and ravishing
children, he was taking their pictures and selling them
for profit. The pedophile had taken up a sideline as a
pornographer.
The Modern Monster
The child pornographer, when he first came to public
light in 1976, was a feeble beast and an even worse
businessman. In fact, he was almost bankrupt. Raids
aimed at cleaning up Times Square for the Democratic
Convention uncovered only a minuscule cache of kiddie
porn.61 But those few stacks of dusty,
decades-old black-and-white rags, already illegal, were
enough to launch a crusade. It was led by a team that
would epitomize the anti-child-porn forces: a child
psychiatrist, Judianne Densen-Gerber, who founded the
drug-rehabilitation empire Odyssey House in New York,
and a vice cop, Sergeant Lloyd Martin, of the Los
Angeles Police Department.
The two careened from sea to sea, stoking outsized
claims. Before a congressional committee in 1977,
Densen-Gerber estimated that 1.2 million children were
victims of child prostitution and pornography, including
"snuff" films in which they were killed for viewers’
titillation.62 Martin traveled the country
orating speeches of evangelical fervor, warning America
on one Christian television show, for instance, that
"pedophiles actually wait for babies to be born so that,
just minutes after birth, they can grab the post-fetuses
and sexually victimize them."63 At that 1977
congressional committee, he declared that the sexual
exploitation of children was "worse than
homicide."64
Within a few years, police testified that child porn
had never been more than a boutique business even in its
modest heyday in the late 1960s. The first law wiped out
what little kiddie porn remained on the street, and by
the early 1980s, the head of the New York Police
Department’s Public Morals Division proclaimed the stuff
"as rare as the Dead Sea Scrolls."65 The 1.2
million figure, which Densen-Gerber subsequently
doubled,66 was revealed to be the arbitrarily
quadrupled estimate of an unsubstantiated number one
author said he’d "thrown out" to get a reaction from the
law enforcement community.67 Densen-Gerber
would soon slip from the public eye under suspicions of
embezzling public monies and employing coercive and
humiliating methods at Odyssey House.68
Martin would later be removed from his post at the LAPD
for harassing witnesses and falsifying
evidence.69
But their work had been accomplished. The press
continued to broadcast their bogus statistics. And
hardly a year after Densen-Gerber’s first press
conference, Congress passed the Protection of Children
against Sexual Exploitation Act of 1977, prohibiting the
production and commercial distribution of obscene
depictions of children younger than sixteen. One of the
first casualties was Show Me!, a sex education
book for prepubescent children featuring explicit
photographs of children, from around six to their early
teens, engaged in sex play. When it was published in
1970, the book was showered with awards. Under the new
restrictions on "child pornography," it became illegal
to publish, distribute, and, eventually, even to own
anywhere in the United States.
Then, in 1979, a six-year-old middle-class white boy
named Etan Patz turned the corner on his way to school
in lower Manhattan and was never seen again. Two years
later, six-year-old Adam Walsh’s head was found floating
in a Florida canal. Federal and private money began
funneling toward a newly named victim, the Missing and
Exploited Child. Soon, hundreds of "missing children"
were beseeching would-be rescuers from the containers of
that quintessentially maternal food, milk. Local police
departments set up child-finding units, which
distributed pamphlets and dispatched trainers and
speakers. Parents and teachers were getting the message:
the molester-kidnapper was everywhere.
Most frightening, he was lurking where the most
vulnerable children were sent for nurture and
safekeeping: nursery school. And he had joined up with
an omnipotent ally: none other than Satan. In 1984, the
media started following breathlessly as the trial
unfolded in southern California of Peggy Buckey, the
elderly proprietor of the McMartin Preschool, and her
son Ray, a beloved teacher. The two had been accused by
three-year-olds of bizarre tortures—anal rape with
knives and pencils, animal mutilation, oral sex
performed on clowns—"satanic ritual abuse" allegedly
carried out in broad daylight in open-door classrooms,
where parents and other teachers could walk in at any
time.
No child had volunteered any such story until being
interviewed by Kee MacFarlane and her team of social
workers at the Children’s Institute International in Los
Angeles, and the videotapes of these interviews revealed
bewildered and resistant babies being hectored into
assenting to the narratives fed them by their
interrogators. Indeed, by the end of the longest and
most expensive criminal trial in U.S. history, it was
the tapes themselves that exonerated the Buckeys. But
eerily identical tales began to surface in schools
across the nation.70 In 1994, the U.S.
government’s National Center on Child Abuse and Neglect
reported on its five-year survey of eleven thousand
psychiatric and police workers nationwide, covering the
more than twelve thousand accusations of satanic ritual
abuse. The investigation found "not a single case where
there was clear corroborating evidence," not a single
snapshot or negative of the alleged rolls and rolls of
child pornography produced by the deviants.71
But new accusations, all unsupported, kept coming. The
latest were in Wenatchee, Washington, in 1995, where
forty-three people were accused of some twenty-nine
thousand counts of sexual abuse involving sixty
children, all without a shred of evidence.72
At the beginning of the new millennium, many innocents
are still behind bars.73
Debbie Nathan and Michael Snedeker argued in
Satan’s Silence that the day-care abuse scares
tapped popular anxieties about women working outside the
home and leaving their children with others. But these
fears were given shape and heft by a certain world view,
which was attached to a certain political agenda. It was
that of the religious Right (who believed that Satan
literally walked the earth), with the cautious
endorsement of feminist sexual conservatives—the same
bedfellows who would lie down together in the 1986 Meese
commission.
As anthropologist Carole S. Vance pointed out, the
Meese commission was not inclined to recommend any
policies that feminists would champion, such as aid to
women who wanted to leave abusive men or legal
protections of sex workers from violence and economic
exploitation. Rather, it erected a broad federal network
to chase and prosecute symbolic assaults on its own
ideas of morality, that is, on smut peddlers. But its
offensive against adult pornography failed to generate
heartfelt support in the heartland. Several municipal
antipornography ordinances crafted by its prime feminist
confederates, Catharine McKinnon and Andrea Dworkin, had
already fallen to constitutional challenge. Prosecutors
backed off bringing obscenity cases against "adult"
material, which were almost impossible to win.
Right-wing organizations that had long fought for
censorship of erotica were determined to stay the
course. Shrewdly, they abandoned their old maiden in
distress, "decency," and took up the cause of "families
and children." Citizens for Decency Through Law (founded
in 1957 by that paragon of decency through law,
savings-and-loan swindler Charles Keating) became the
Children’s Legal Foundation, which metamorphosed into
the National Family Legal Foundation. Reverend Donald
Wildmon’s National Federation for Decency became the
American Family Association, and the National Coalition
Against Pornography (N-CAP) spun off the National Law
Center for Children and Families. The Justice
Department’s National Obscenity Enforcement Unit, set up
after the Meese commission, was rechristened the Child
Exploitation and Obscenity Section. The wide, fat enemy
"pornography" began to fade from view. Now both antiporn
feminist and conservative propaganda aimed at the
sleaker "hard-core," the scarier "child pornography."
And where was this new pornographer? Densen-Gerber
and Martin had been unable to run him down on the urban
streets. He’d eluded capture in the suburban childcare
centers. Now, said his pursuers, the fugitive had found
his way to everywhere and nowhere. He was on the
Internet, where he had joined a vast club that zipped
pictures of copulating kids among them, sidled up to
children in chat rooms, and enticed them into real-world
motels and malls. With the family room connected by a
mere modem to the wild open cyberspaces, even the home
was no longer safe. As the cover of one "family-values"
magazine blared, "CYBERPORN STEALS HOME."
Snared in the Web
In spite of proud FBI claims, many lawyers and
journalists, including me, suspect that the child
pornographer is the same penny-ante presence online as
he was in Times Square. Bruce Selcraig, a government
investigator of child pornography during the 1980s who
went online in 1996 as a journalist to review the
situation, concluded the same. In the cyberspeech
debate, he said, the dissemination of child porn
amounted to "a tuna-sized red herring."74
Aficionados and vice cops concede that practically
all the sexually explicit images of children circulating
cybernetically are the same stack of yellowing pages
found at the back of those X-rated shops, only
digitized. These pictures tend to be twenty to fifty
years old, made overseas, badly re-reproduced, and for
the most part pretty chaste. That may be why federal
agents almost never show journalists the contraband. But
when I got a peek at a stash downloaded by Don Huycke,
the national program manager for child pornography at
the U.S. Customs Service, in 1995, I was underwhelmed.
Losing count after fifty photos, I’d put aside three
that could be called pornographic: a couple of shots of
adolescents masturbating and one half-dressed
twelve-year-old spreading her legs in a position more
like a gymnast’s split than split beaver. The rest
tended to be like the fifteen-year-old with a 1950s bob
and an Ipana grin, sitting up straight, naked but
demure, or the two towheaded six-year olds in
underpants, astride their bikes.
So when these old pictures show up on the Net, who’s
putting them there? Attorney Lawrence Stanley, who
published in the Benjamin A. Cardozo Law Review
what is widely considered the most thorough research of
child pornography in the 1980s, concluded that the
pornographers were almost exclusively cops. In 1990 at a
southern California police seminar, the LAPD’s R. P.
"Toby" Tyler proudly announced as much. The government
had shellacked the competition, he said; now law
enforcement agencies were the sole reproducers and
distributors of child pornography.75
Virtually all advertising, distribution, and sales to
people considered potential lawbreakers were done by the
federal government, in sting operations against people
who have demonstrated (through, for instance, membership
in NAMBLA) what agents regard as a predisposition to
commit a crime. These solicitations were usually
numerous and did not cease until the recipient took the
bait. "In other words, there was no crime until the
government seduced people into committing one," Stanley
wrote.76
If, as police claim, looking at child porn inspires
molesters to go out and seduce living children, why were
the feds doing the equivalent of distributing matches to
arsonists? Their answer is: to stop the molesters before
they strike again. Newspaper reports of arrests
uniformly follow the same pattern: a federal agent poses
as a minor online, hints at a desired meeting or agrees
to one should the mark suggest it, and then arrests the
would-be molester when he shows up.77 But
another logical answer to the almost exclusive use of
stings to arrest would-be criminals is that the
government, frustrated with the paucity of the crime
they claim is epidemic and around which huge networks of
enforcement operations have been built, have to stir the
action to justify their jobs.
The same logic can explain why the volume of
anti-child-porn legislation has increased annually. From
a relatively simple criminalization of production and
distribution, the law eventually went after possession
and then even viewing of child-erotic images at somebody
else’s house. It raised the age of a "child" from
sixteen to eighteen and defined as pornography pictures
in which the subject is neither naked, nor doing
anything sexual, nor, under the 1996 Child Pornography
Prevention Act, is even an actual child. Legislation
that was first justified as a protection of real
children has evolved to statutes criminalizing the
depiction of any person engaged in sexual activity who
is intended to look like a minor. That may be a
young-looking Asian adult woman lasciviously sucking a
lollipop. Or she may also be a computer-generated image
created by manipulating pixels until an adult morphs
into a child or a child appears to be performing a sex
act.78
Such bills have almost invariably been sponsored by
conservative Republicans with support from right-wing
and fundamentalist Christian organizations and
antipornography feminists. And even while some
legislators privately express doubts that they protect
children, these proposals are unstoppable. "When the
Senate votes on child issues, they’re all on one side,"
Patrick Trueman, a lobbyist for the American Family
Association and former head of justice Department’s
National Obscenity Enforcement Unit, told me in 1989.
"We got the toughest law in 1988"—the Child Protection
and Enforcement Act—"because it had the words child
exploitation in it, though most of it was directed to
adult pornography." So, have the government’s efforts
worked to round up dangerous pedophiles?
In 1995, the FBI launched its child-pornography task
force Innocent Images, which trains special agents under
a congressional grant of ten million dollars to rout out
pedophiles on the Net. From 1996 to 2000, the unit
initiated 2,609 cases. But barely 20 percent of those
generated indictments, with just 17 percent resulting in
convictions.79 The FBI’s Peter Gullotta told
James Kincaid that Innocent Images had achieved 439
convictions since 1995. How were these criminals found?
"It’s like fishing in a pond full of hungry fish,"
Gullotta told Kincaid. "Every time you put a line with
live bait in there, you’re going to get
one."80 This might sound like inducement
(especially to journalists like myself, who have talked
to the fish)—the same tactics that Stanley described in
the 1980s, only updated from snail mail to
e-mail.81
The federal government’s biggest success to date
concluded in August 2001, with the arrest of the two
owners of Landslide Productions, Inc., and one hundred
of their customers in Fort Worth, Texas. Landslide
maintained a profitable pornography Web site that
offered, in addition to adult porn, links to foreign
sites that contain images considered child pornography
under U.S. law. The two owners were arrested for
possession and distribution, not production, of child
pornography, and the subscribers were arrested for
possession. While one of these customers was identified
as a "registered child sex offender" and another as
having been convicted of four "sex crimes" in the past,
none arrested in this operation was indicted for abuse
of an actual child. To draw out the child porn
aficionados from among the site’s 250,000 mostly
law-abiding subscribers, the government advertised sales
of child-pornographic tapes and CD-ROMs under the name
of the company, which it had seized in 1999. When a
person placed an order, a package was sent and the buyer
arrested on its delivery.
Although the shutdown of one site and the arrest of
one hundred customers took four years and engaged
unnumbered justice Department agents, as well as thirty
federally financed local task forces nationwide, U.S.
Postal Service Inspector General Kenneth Weaver claimed
that Landslide was "the tip of the iceberg" in what the
New York Times paraphrased as "a growing market
for child pornography via the Internet."82
The story was front-page news in every market I checked,
and the Times ran it in the spot reserved for the
day’s most important story, the top right-hand column.
Were these customers predisposed to crime, besides
the illegal act of looking at images of minors who might
or might not be engaging in sex? According to the FBI’s
Gullotta when he spoke to Kincaid, the typical catch has
no previous criminal record. Almost no such case goes to
trial; the defendants plead guilty. The government calls
this more evidence of guilt.83 But, again,
closer examination of such cases (in fact, of most child
abuse charges) reveals that pleas are often taken under
advice of counsel to eliminate the chance of a long
prison sentence and also to limit the personal
destruction that publicity wreaks even if the accused is
exonerated.84
Unfortunately, plea bargains, because they lack the
details of depositions, interrogations at trial, and the
defense’s version of events, make it almost impossible
to tell what the person is accused of doing, much less
whether he did it. Federal statistics aren’t much help.
According to Kincaid, neither the FBI nor the National
Center for Missing and Exploited Children now keeps
track of how many children are actually lured to danger
after online assignations, the feared eventuality that
motivates these operations. Journalists are frustrated
by more than insufficient data, though. In 1995, while I
covered the story of the first man convicted for
possession of "lascivious" videotapes of minors who were
neither naked nor doing anything sexual, I arrived at
the justice Department in Washington, D.C., only to
learn that my scheduled viewing of the evidence had been
canceled because, well, the tapes were illegal. Exposing
the models to my eyes, an agent told me, would
criminally harm them (I later learned that portions of
the tapes had aired on Court TV). I drove six hours to
western Pennsylvania, where the court clerk set me up
with a VCR, and I yawned through hours of badly filmed
images no racier than a Bahamas tourism commercial.
Similar restrictions were placed on reportage of the
Landslide investigation. According to the Times,
"the authorities did not release the addresses of the
actual [foreign] sites" allegedly offering
child-pornographic images, and the only models described
were two British siblings, a girl and a boy, ages eight
and six.85 But agents did not reveal whether
these children were photographed engaging in sexual
activity, and journalists were obviously unable to
inspect the images themselves. In 1999, thirty-two-year
veteran radio journalist Larry Matthews was sentenced to
eighteen months in federal prison for receiving and
transmitting a child-pornographic image in the process
of reporting a story on child-porn chat rooms. In fact,
prosecutors were alerted to his activities when he
reported what he called "terrible things"—the posting by
a mother apparently offering up her children for sex
with adults.86
Statistics that I got from the National Center for
Missing and Exploited Children in 1996 indicated that
the feared eventuality that motivates all this activity
had rarely come to pass. Only twenty-three minors were
enticed to malls and hotel rooms by their adult suitors
between 1994 and 1996, none of these "children" was
under thirteen, and most were at least a couple of years
older than that. A 2001 survey conducted by the
University of New Hampshire found that almost a fifth of
ten- to seventeen-year-olds who went online received
sexual solicitations from "strangers," an unspecified
number of whom may have been adults. However, it would
be hard to impute widespread harm to these experiences.
Three-quarters of the youth said they were not
distressed by the posts. And, wrote the researchers, "no
youth in the sample was actually sexually assaulted as a
result of contacts made over the Internet."87
As for pedophiles caught in the act, as far as I can
gather only one such case has occurred: the infamous
Orchid Club, whose members took turns having sex with a
child in front of videocams that broadcast their doings
to their compatriots in real time.88 This act
of sexual violence was already a crime before child porn
law and remains so, as it should.
Meanwhile, local authorities have dived
enthusiastically into the broadening legal definitions
of smut, with the result that more and more citizens are
finding themselves entangled with the law for making and
keeping truly innocent images. In the early 1990s, the
Nebraska attorney general ordered a local policeman to
burn nine thousand slides, each of an individual naked
child, assembled by psychologist William Farrall to be
used with the penile plethysmograph, an instrument that
measures sexual arousal. Psychologists employed the
pictures along with the device to assess the progress of
thousands of sex offenders in treatment
nationwide.89 After the passage of The Child
Pornography Prevention Act of 1996, Oklahoma police
seized a copy of the film of Günter Grass’s Nobel
Prize-winning The Tin Drum from a video rental
store because of an inexplicit scene in the movie in
which a man who refuses to grow out of his child’s body
(to avoid participating in fascism) performs what some
construed as oral sex on an adult woman. And in the
1990s, cases proliferated in which clerks in
photo-developing shops, instructed to alert the police
of any "suspicious" pictures, flagged such classic "bear
rug" shots as moms in the tub with their babies, which
led to the arrests of the photographers, and
worse.90 In New York, Fotomat employees
reported nude shots of a six-year-old son taken by a
photography student. The father was handcuffed and taken
from his home, while his children were rushed out in
their pajamas to be examined for sexual abuse. No
evidence of abuse was found, and the man was not brought
to trial. But he was barred from his home for two months
and forbidden to see his youngest daughter. Cynthia
Stewart, an Oberlin, Ohio, mother, was nabbed when a
photograph of her eight-year-old daughter in the bath
was fingered as "pornographic" by a photo-shop clerk.
Stewart escaped prosecution (and potential imprisonment)
only after agreeing to state publicly that two of her
pictures could be interpreted as "sexually oriented" and
allowing prosecutors to destroy them; she also consented
to participate in six months of anti-abuse counseling.
Although she found the smarmy implications of these
measures abhorrent, she complied in order to save her
daughter the trauma of a trial.91
False Security
Civil libertarians have called these laws
unconstitutionally vague: a reasonable person can’t know
in advance if he is breaking them. They’ve diverted
millions of taxpayer dollars from real child welfare and
created an atmosphere of puritanical surveillance over
all U.S. citizens in the dubious name of catching a
small number of people who, if left alone, might do
nothing more harmful to minors than sit around and
masturbate to pictures of ten-year-olds in bathing
suits.
But the legislative legacy of the child-abuse panic
has done more than abridge the First Amendment. For
Americans convicted of any sex crime, legislation passed
in the 1990s arguably constitutes cruel and unusual, and
perpetual, punishment. By 1999, according to the Center
for Missing and Exploited Children, all fifty states had
enacted "Megan’s laws," requiring paroled sex offender
registration and community notification; more stringent
laws win states more federal crime-fighting
funds.92 In many states, parolees are
required to register regardless of the nature of their
crime. In 2001, a judge in Corpus Christi, Texas,
ordered twenty-one registered offenders to post "DANGER:
Registered Sex Offender" notices on their homes and
cars.93
Sweeping over individual differences, politicians
routinely refer to the former convicts as sexual
predators, a phrase connoting insatiable appetite and
sharp teeth. But as the rhetoric mounted during the
1990s, even predator wasn’t scary enough. Following
Kansas’s lead in 1994, "sexually violent predator" laws
spread across the states, which allowed the indefinite
incarceration in psychiatric facilities of sex criminals
who had completed prison sentences but were deemed
likely to commit another crime.94 To qualify
as a sexually violent predator, the convict had to
manifest a "mental abnormality" or "personality
disorder," diagnoses about as exact as "a real
fruitcake" and as common as compulsive eating. They were
also remarkably reminiscent of the "uncontrollable
desires" of the 1950s.95
Those who work with sex offenders have warned that
such policies might do no good and even could do harm.
For one thing, former sex offenders are at far lower
risk of committing new crimes than those released from
prison after serving time for other crimes.96
Nevertheless, rage against sex criminals is often far
greater, and community notification laws serve to focus
that rage. Since their inception, such programs have
fueled harassment and vigilantism,97 which
further isolate and unnerve the parolee, leading to the
exact opposite of the law’s intended effect. "You ban
somebody from the community, he has no friends, he feels
bad about himself, and you reinforce the very problems
that contribute to the sex abuse behavior in the first
place," Robert Freeman-Longo, former director of the
Safer Society Program and president of the Association
for the Treatment of Sexual Abusers, told me. "You make
him a better sex offender."
Some criminal-justice practices, moreover, seem to
have no other intent but to keep the public on the edge
of its seats. During the summer of 1997, California’s
Justice Department set up a sort of side-show booth at
state fairs featuring an LED screen that endlessly
scrolled the names of the state’s registered sex
offenders, along with their addresses-sixty-four
thousand in all. What the shocked viewers did not know
was that because registration in that state covered
crimes committed as far back as the 1940s, many of the
"predators" on the list had been arrested for victimless
misdemeanors like soliciting a prostitute or cruising a
man in a gay bar.98 Tom Masters, program
director of correctional treatment services at Oregon
State Hospital, described such policymaking succinctly:
"A lot of crime legislation is a function of politics,
and not of rehabilitation or community safety."
Nor, I would add, is it a function of community
sanity. In 1984, at the beginning of the sex-lawmaking
frenzy, the authors of the final report on U.S. Senator
William V. Roth’s Child Pornography and Pedophilia
hearings noted what they called a paradox. "Good laws
often lead to more arrests," they wrote, "thus making it
appear that more new laws are needed to curb what the
public perceives as an increase in crime."99
Nevertheless, the commissioners recommended more laws,
which led to more bureaucracy, more agents, more
investigations, and more arrests. And that, said Eric
Lotke of the National Center for Institutions and
Alternatives, created another paradox: the public felt
falsely safer and also more fearful.
Lynn Johnston, in the comic strip "For Better or For
Worse," described the sadness and bafflement that can
accompany these contradictory feelings. In a strip at
the end of the 1990s, John, the father, amiably chats
with a five-year-old at the supermarket. Her panicked
mother swoops down the aisle. "VANESSA!!!" she cries.
"Don’t talk to that man ... we don’t know who he is!!!"
Back at home, John’s wife comforts him as he holds his
own toddler in his lap. "She was just protecting her
child, honey," says Elly. "I know," John answers. "It’s
just that now and then I hate the world we’re living
in." The reader was left to infer what about the world
this archetypal baby boomer hated, the pedophiles or the
paranoia.
Vanessa’s mother was doing the "right thing,"
according to the local police who would have spoken at
her daughter’s school. But for the child’s sake, it was
the wrong thing. Panic about adult-child sex, like panic
about anything, prompts fewer right decisions than wrong
ones, and the wrong ones can be breathtakingly wrong.
Attorney General Janet Reno’s decision to lay siege to
the Branch Davidian compound in Waco, Texas, was based
in part on rumors of child abuse going on
inside.100 In the ensuing conflagration,
eighty people died, including twenty-four
children.101
Trying to fortify the nuclear family by fomenting
suspicion of strangers fractures the community of adults
and children; it can leave children defenseless in
abusive homes. Projecting sexual menace onto a cardboard
monster and pouring money and energy into vanquishing
him distract adults from teaching children the subtle
skills of loving with both trust and discrimination.
Ultimately, children are rendered more vulnerable both
at home and in the world.
Endnotes: