Endnotes (continued)
21. Quoted in Bruce Selcraig, “Chasing Computer
Perverts,” Penthouse, February 1996, 51.
22. More than eight times more people were
incarcerated for low-level sex offenses in 1992 than in
1980. Bureau of Justice Statistics, “Correctional
Populations in the United States,” report, Washington,
D.C., 1992, 53.
23. Federal Bureau of Investigation, “Uniform Crime
Reports: Crime in the U.S.,” report, Washington, D.C.,
1993, 217.
24. Okami and Goldberg, “Personality Correlates,”
317-20. The article is an excellent review of the
literature.
25. In one study, fewer than a fifth of pedophiles
interviewed said they desired genital sex, whereas
another fifth wanted “non-sexual, platonic friendships.”
Glenn D. Wilson and David N. Cox, The Child-Lovers: A
Study of Paedophiles in Society (London: Peter
Owen), 35.
26. Okami and Goldberg, “Personality Correlates,”
297-328. A study of the members of a British pedophile
organization found that “the majority [of subjects]
showed no sign of clinically significant psychopathy or
thought disorder.” Wilson and Cox, The Child
Lovers, 122-23. Even the commonly held belief that a
molested child will grow up to be a molester is
exaggerated: studies find that about a third do, which
means that as many as two-thirds do not. Joan Kaufman
and Edward Zigler, “Do Abused Children Become Abusive
Parents?” American Journal of Orthopsychiatry 57,
no. 2 (1987): 186-92. The degree of social anxiety that
pedophiles exhibit may be a result, not a cause, of the
intense hatred and ostracism they experience, say a
number of observers, including psychologists Theo
Sandfort and Larry Constantine.
27. Wilson and Cox (The Child-Lovers) add a
caveat to Money’s comment about erotophobia in the
families of paraphilics. They note that just about
everyone describes his or her parents as repressive
about sex.
28. There was no proof of a sexual relationship
between the two men. Nor was there any of a general
propensity toward child molesting in the Sicari family,
although police inferred one from the conviction of
Salvi’s sixteen-year-old brother in a sexual encounter
with a ten-year-old boy. The gay historian Allan Bérubé
suggested that the crime fit another stereotype and
piqued another fear: that the child molester’s prey is
not only a boybut a white boy (author conversation with
Bérubé).
29. Margaret A. Alexander, “Quasi-Meta-Analysis II,
Oshkosh Correctional Institution,” State of Wisconsin
Department of Corrections/ Oshkosh Correctional
Institution report, Oshkosh, 1994; Lita Furby et al.,
“Sex Offender Recidivism: A Review,” Psychological
Bulletin 3 (1989); R. Karl Hanson and Monique T.
BussiPre, “Predictors of Sexual Offender Recidivism: A
Meta-Analysis,” Department of Solicitor General of
Canada, Journal of Consulting and Clinical
Psychology 66, no. 2 (1996).
30. These numbers are inflated by reoffenses by adult
rapists. In her metanalysis of seventy-nine studies
encompassing almost eleven thousand subjects, Oshkosh
(Wisconsin) Correctional Institution clinical director
Margaret Alexander reconfirmed the fact that men who
rape adult women are the most intransigent, with about a
fifth striking again whether they undergo a treatment
program in prison or not. But men arrested for having
sex with children are usually overcome with shame and
remorse; they want to stop. For them, good treatment has
made a great difference: Since 1943, an average of 11
percent of “child molesters” who were treated in jails,
hospitals, and outpatient clinics found their way back
to prison, compared with 32 percent of those who took
part in no treatment. Margaret A. Alexander, “Sexual
Offender Treatment Efficacy Revisited,” State of
Wisconsin Department of Corrections/Oshkosh Correctional
Institution report, Oshkosh, May 1998. There’s also
evidence that better treatment is increasingly
successful. Before 1980, recidivism among treated sex
offenders was almost 30 percent; after 1980, it dropped
to 8.4 percent. Eric Lotke, “Sex Offenders: Does
Treatment Work?” National Center for Institutions and
Alternatives report, Washington, D.C., 1996, 5.
31. James R. Kincaid, Child-Loving: The Erotic
Child and Victorian Culture (New York: Routledge,
1992); and James R. Kincaid, Erotic Innocence: The
Culture of Child-Molesting (Durham, N.C.: Duke
University Press, 1998). <p. 32. Judith Lewis Herman,
Father-Daughter Incest (Cambridge, Mass.: Harvard
University Press, 1981).
33. National Incidence Studies of Child Abuse and
Neglect, vol. 2 (Washington, D.C.: Department of Health
and Human Services, 1993).
34. Ellen Bass and Laura Davis, The Courage to
Heal: A Guide for Women Survivors of Child Sexual
Abuse (New York: Harper Perennial, 1988): 22.
35. Richard Ofshe and Ethan Watters, Making
Monsters: False Memories, Psychotherapy, and Sexual
Hysteria (New York: Scribner’s, 1994), 65-67. In
fact, any catalogue of symptoms is suspect.
“Psychological evidence suggests that it is impossible
to tease out a set of symptoms that are related to
sexual abuse but are never seen in victims of other
types of abuse.” Elizabeth Wilson, “Not in This House:
Incest, Denial, and Doubt in the Middle-Class Family,”
Yale Journal o f Criticism 8 (1995): 51. Wilson’s
conclusion, drawn from examinations of the Diagnostic
and Statistical Manual o f Mental Disorders, is
supported by a thorough review of the abuse literature
by Bruce Rind at the University of Pennsylvania, as well
as Paul Okami and others. Such careful work is in the
minority. The complete confounding of data has led to
huge inflations of the statistics, which are commonly
repeated by journalists. In the 1980s, estimates of
women abused as children ranged as high as 62 percent.
S. D. Peters, G. E. Wyatt, and D. Finkelhor,
“Prevalence,” in A Source Book on Sexual Abuse,
ed. David Finkelhor (Beverly Hills, Calif.: Sage
Publishers, 1986), 75-93.
36. This estimation is drawn from the hundreds of
articles I’ve read in writing about child abuse.
37. U.S. Department of Health and Human Services,
Third National Incidence Study of Child Abuse and
Neglect (Washington, D.C., 1993); 3-3.
38. Judith Lewis Herman, D. Russell, and K. Trocki,
“Long-Term Effects of Incestuous Abuse in Childhood,”
American Journal o f Psychiatry 143, no. 10
(1986): 1293-96.
39. “By far the largest group of defendants [in child
pornography cases] seems to be white males between 30
and 50 who are interested in teenage boys, usually
between 14 and 17,” concluded Bruce Selcraig, a
government investigator of child pornography during the
1980s who went online in 1996 as a journalist to review
the situation. Selcraig, “Chasing Computer Perverts,”
53. The same is true of the majority of men in jail for
consensual sex with girls or boys: their partners are
teenagers. I conclude this from my own surveys over the
past ten years of journalism, police sources, and
defense attorneys.
40. Jennifer Allen, “The Danger Years,” Life, July
1995, 48. 41. Lawrence, “Molesters Hide Evil,” 31.
42. As quoted by Harry Hendrick, “Constructions and
Reconstructions of British Childhood: An Interpretive
Survey, 1800 to the Present,” in Constructing and
Reconstructing Childhood, ed. Allison James and Alan
Prout (London: Falmer Press, 1990), 42.
43. Judith R. Walkowitz, City of Dreadful Delight:
Narratives of Sexual Danger in Late-Victorian London
(Chicago: University of Chicago Press, 1992).
44. The reports of the New York Society for the
Prevention of Cruelty to Children, for instance,
frequently described the alleged exploiters of children
in vicious and often confused ethnic stereotypes.
Italian “padrones” who traffic variously in child labor,
entertainment, and flesh are ubiquitous. A “rabbi” who
runs a beer-bottle and cigarette-strewn gambling den
behind a bogus “bird store” is characterized,
incongruously, by his “little Chinese ways of
enticement.” Society for the Prevention of Cruelty to
Children, Sixteenth Annual Report (New York, 1891), 23.
45. See, e.g., Walkowitz, City of Dreadful
Delight; Ellen Carol DuBois and Linda Gordon,
“Seeking Ecstasy on the Battlefield,” in Pleasure and
Danger: Exploring Female Sexuality, ed. Carole Vance
(London: Pandora Press, 1989); Kathy Peiss, Cheap
Amusements: Working Women and Leisure in
Turn-of-the-Century New York (Philadelphia: Temple
University Press, 1987); Christine Stansell, City of
Women: Sex and Class in New York, 1789-1860
(Champaign: University of Illinois Press, 1987); and
Ruth C. Rosen, The Lost Sisterhood: Prostitution in
America, 1900-1918 (Baltimore: Johns Hopkins
University Press, 1983), for a fuller picture of
turn-of-the-century urban prostitution.
46. Walkowitz, City of Dreadful Delight,
81-120.
47. Judith R. Walkowitz, Prostitution and
Victorian Society: Women, Class, and the State
(Cambridge: Cambridge University Press, 1980): 17.
48. DuBois and Gordon, “Seeking Ecstasy on the
Battlefield,” 33.
49. Walkowitz, City of Dreadful Delight, 82.
50. John D’Emilio and Estelle Freedman, Intimate
Matters: A History o f Sexuality in America (New
York: Harper and Row, 1988), 153.
51. Estelle Freedman, “‘Uncontrolled Desires’: The
Response to the Sexual Psychopath, 1920-1960,”
Journal of American History 71, no. 1 (1987):
83-106.
52. D’Emilio and Freedman, Intimate Matters,
260-61.
53. Allan Bérubé, Coming Out under Fire: The
History o f Gay Men and Women in World War II (New
York: Macmillan, 1990).
54. As quoted by George Chauncey Jr., “The Postwar
Sex Crime Panic,” in True Stories from the American
Past, ed. William Graebner (New York: McGraw Hill,
1993), 162.
55. Freedman, “`Uncontrolled Desires.”’
56. Chauncey, “Postwar Sex Crimes,” 160-78.
57. Freedman, “`Uncontrolled Desires,”’ 92.
58. Freedman, “`Uncontrolled Desires,”’ 84.
59. Chauncey, “Postwar Sex Crimes,” 160-74.
60. Heidi Handman and Peter Brennan, Sex Handbook:
Information and Help for Minors (New York: Putnam,
1974).
61. Lawrence Stanley, “The Child Porn Myth,”
Cardozo Arts and Entertainment Law Journal 7
(1989): 295-358.
62. U.S. House Committee on the judiciary, Sexual
Exploitation of Children: Hearings before the
Subcommittee on Crime, 95th Congress, first session,
1977, 42-48. See also, Judianne Densen-Gerber and
Stephen F. Hutchinson, “Sexual and Commercial
Exploitation of Children: Legislative Responses and
Treatment Challenges,” Child Abuse and Neglect 3 (1979):
61-66.
63. “‘Child Sex’ Cop Transferred,” Bay Area
Reporter, March 18, 1982, 8.
64. U.S. House Judiciary Committee, Sexual
Exploitation of Children, 48.
65. Stanley, “The Child Porn Myth,” 313.
66. Joel Best, “Dark Figures and Child Victims:
Statistical Claims about Missing Children,” in Images
of Issues: Typifying Contemporary Social Problems,
ed. Joel Best (New York: Aldine de Gruyter, 1989),
21-37.
67. Stanley, “The Child Porn Myth,” 313.
68. Lucy Komisar, “The Mysterious Mistress of Odyssey
House,” New York Magazine, November 1979, 43-50.
The charges were not indictably substantiated, but they
were enough to exile Densen-Gerber from Odyssey House
and, for a time, social service altogether. In 1998, she
was running Applied Resources Corporation in Bridgeport,
Connecticut.
69. “`Child Sex’ Cop Transferred.”
70. See Nathan and Snedeker, Satan’s Silence.
Nathan was for a long time the only journalist in
America who published skeptical investigations of
“satanic ritual abuse.” Later, she was joined by the
documentarist Ofra Bikel and others, and by the early
1990s, their painstaking reporting began to turn some
opinion around.
71. Daniel Goleman, “Proof Lacking in Ritual Abuse by
Satanists,” New York Times, October 31, 1994.
72. The charges were brought by the adopted daughter
of a zealous police chief, and, as in Salem, the people
who objected to what looked to them like a widening
witch-hunt, found themselves accused. The defendants
were disproportionately poor, uneducated, and in several
cases mentally disabled, and no defendant without a
private attorney was acquitted. Kathryn Lyons, Witch
Hunt: A True Story of Social Hysteria and Abused
Justice (New York: Avon, 1998).
73. Documented by the Justice Committee, San Diego,
Calif.; Boston Coalition for Freedom of Expression,
Boston, Mass.; Nathan and Snedeker (Satan’s
Silence); and others.
74. Selcraig, “Chasing Computer Perverts,” 72.
75. Seminar conducted at the University of Southern
California by R. P. Tyler (reported by James R. Kincaid,
author interview).
76. Lawrence A. Stanley, “The Child-Porn Myth,”
Playboy, September 1988, 41.
77. The notion of predisposition informs all sting
operations: police are not allowed to entice somebody
into breaking the law (that would be entrapment) unless
they have evidence indicating he is likely to do so on
his own. Narcotics agents commonly buy from a known
dealer; occasionally an undercover cop will put herself
into a position to be assaulted by a rapist whose m.o.
is known.
However, the establishment of predisposition in child
pornography enforcement is not so straightforward,
because the enforcers’ motives aren’t. If the goal is to
eradicate deviance and not necessarily to prevent actual
crimes, as the ACLU’s Marjorie Heins suggests, suspicion
of deviance goes a long way toward legally establishing
predisposition to criminality. The National Center for
Missing and Exploited Children’s manual for law
enforcers suggests including in requests for search
warrants a profile of what they call a “preferential
child molester,” accent on preferential, since he might
want to do something he’s never done.
Since the person needs to have demonstrated no
greater erotic interest in children than logging onto a
site where they congregate (I, in researching this
chapter, could be accused of such acts), the tactic
resembles setting somebody up for a drug bust not
because he’s actually sold or bought drugs but because
he has watched the doings of the dealer next door or
because he has an “addictive personality.”
Once a “preference” for “child molestation” has been
thus established, a search warrant stating this
preference in the suspect alerts cops to the probability
that a collection of illegal child pornography awaits
their search. And the search fulfills their
expectations: they find pictures and, whether they’re
pornographic or not, take them to be clues to
molestation. “The photograph of a fully dressed child
may not be evidence of an obscenity violation, but it
could be evidence of an offender’s sexual involvement
with children,” says the National Center’s manual.
In 1995 I asked Raymond Smith, who heads the Postal
Inspection Service’s child pornography investigations,
about his estimation that PI agents find “evidence of
child molestation” in 30 percent of their searches of
the homes of suspected pedophiles:
”We’ll find pictures of kids-no sexual act; we don’t
know where these kids come from. But you get a gut
feeling ... you learn to identify it.... We’re not
finding a videotape of this guy having sex with the
ten-year-old girl next door. We’re not finding a
picture. Just from what we see in the house and how they
talk.
”When we get into these cases, many of these
individuals literally confess to committing horrible
acts, before they’re arrested. Sometimes that is
fantasy, which is not against the law. But when you have
the child pornography present, combined with the
fantasy, in my opinion not only are they violating the
law, they also pose a serious threat to children in the
community where they live. If somebody told me this man
never molested before, but, man, he loves kids and I
knew he was a member of NAMBLA [the North American
Man/Boy Love Association, a support group-propaganda
organization], I would think that person was a threat to
my child. But I have no, quote, evidence that he
molested.”
78. At this writing, in 2001, a constitutional
challenge to the 1996 law is on the Supreme Court’s
docket.
79. “Cynthia Stewart’s Ordeal,” editorials,
Nation (May 1, 2000).
80. James R. Kincaid, “Hunting Pedophiles on the
Net,” salon.com, August 24, 2000.
81. A particularly harrowing account of a year-long
entrapment campaign resulting in the conviction of a man
who seemed to have no preexisting sexual interest in
children can be found in Laura Kipnis, Bound and
Gagged: Pornography and the Politics of Fantasy in
America (New York: Grove Press, 1996).
82. Christopher Marquis, “U.S. Says It Broke
Pornography Ring Featuring Youths,” New York
Times, August 9, 2001.
83. Kincaid, “Hunting Pedophiles on the Net.”
84. During the U.S. Postal Inspection Service’s
late-1980s Project Looking Glass investigations, 5 of
the 160 people indicted saved the government the effort
of seeking a plea bargain by promptly committing
suicide.
85. Marquis, “U.S. Says It Broke Pornography Ring
Featuring Youths.”
86. Susan Lehman, “Larry Matthews’ 18-Month Sentence
for Receiving and Transmitting Kiddie Porn Raises
Difficult First Amendment Issues,” salon.com,
March 11, 1999. The brazenness of the putative mother’s
post gives it the scent of a sting operation, in my
view. Frequenters of such chat rooms, and surely
criminals involved in child prostitution, are
meticulously secretive, understanding that they are
under constant surveillance. In the mid-1990s, lawyer
Lawrence Stanley was also indicted (though not
convicted) for receiving alleged child-pornographic
images through the mail. He had received the pictures
from a client for whom he was acting as defense counsel;
they were the indictable items in the client’s case, and
Stanley was challenging the prosecutor’s claims that the
images were indeed legally pornographic.
87. Kimberly J. Mitchell, David Finkelhor, and Janis
Wolak, “Risk Factors for and Impact of Online Sexual
Solicitation of Youth,” Journal of the American
Medical Association 285 (June 20, 2001): 3011-14
(unpaginated online). Commenting on the study, Harrison
M. Rainie, the director of a more comprehensive study
called “Teenage Life Online,” by the Pew Internet and
American Life Project, said, “Virtually every kid we
talked to knows there are some really bad things and bad
people in the online world, and know that there are some
good things and good people. When they get down to
weighing the pluses and minuses, most kids will say the
pluses pile up and the minuses are manageable.” John
Schwartz, “Studies Detail Solicitation of Children for
Sex Online,” New York Times, June 20, 2001.
88. Ron Martz, “Internet Spreading Child Porn,
Investigators Say,” Sunday Rutland Herald, June
28, 1998, A8.
89. “Bonfire of the Knuckleheads,” Contemporary
Sexuality 28 (April 1994): 1.
90. James Kincaid documented a dozen or so with
newspaper articles, but my researches would suggest
there are many more that don’t make the papers. James
Kincaid, “Is This Child Pornography?” salon.com,
January 31, 2000.
91. Katha Pollitt, “Subject to Debate,” Nation
(December 13, 1999); “Cynthia Stewart’s Ordeal”; and
Cynthia Stewart and David Perrotta, “Thank You, Nation
Family,” letters, Nation (May 1, 2000).
92. Matt Golec, “Bill Would Expand Sex Offender
Notification Law,” Burlington Free Press, January
30, 2000, Al.
93. Ross E. Milloy, “Texas Judge Orders Notices
Warning of Sex Offenders,” New York Times, May
29, 2001.
94. In 1997, the first subject of the Kansas law, who
had no record of violence, but rather a rap sheet of
exhibitionism and mild fondling, brought his case to the
U.S. Supreme Court and lost. The law was upheld. By that
year, Washington, Arizona, California, Minnesota, and
Wisconsin had passed similar laws.
95. Bill Andriette, “America’s Sex Gulags,”
Guide (August 1997) (reprint): 1-3.
96. A 1996 review of the data by the National Center
for Institutions and Alternatives concluded that only 13
percent of former sex offenders are arrested for
subsequent sex crimes. This compares with a recidivism
rate of 74 percent for all criminal offenders. The NCIA
estimated at this time that of 250,000 potential
compliers with community registration statutes, 217,000
were “ex-offenders” or people who were not destined to
commit additional crimes. National Center for
Institutions and Alternatives, “Community Notification
and Setting the Record Straight on Recidivism,”
Community Notification/NCIA/info@ncianet.org, November
8, 1996.
97. In Corpus Christi, several of the men who posted
warning signs immediately had their property vandalized,
two were evicted from their homes, and one attempted
suicide. An intruder threatened the life of the father
of one of the men, who had been arrested for indecency
with a child in 1999 “after a night of drinking ended
with an encounter with a fifteen-year-old girl.” Milloy,
“Texas Judge Orders Notices.”
98. Todd Purdum, “Registry Laws Tar Sex-Crimes
Convicts with Broad Brush,” New York Times, July
1, 1997. Later that year, California excised the names
of men convicted of consensual homosexuality from the
list. “Gay Exception Made to Registration Law,” New
York Times, November 11, 1997.
99. U.S. Senate Committee on Governmental Affairs,
Permanent Subcommittee on Investigations, “Child
Pornography and Pedophilia,” Report 99-537, October 6,
1986, 3.
100. Evidence suggests that statutory rape, or sex
with minors, did occur at Waco. David Koresh did so with
the parents’ consent, because his followers believed it
“was his religious duty to father 24 children by virgin
mothers.” Because the parents cooperated, the state did
not bring charges. Dick J. Reavis, The Ashes of Waco:
An Investigation (Syracuse, N.Y.: Syracuse
University Press, 1998).
101. The number of fatalities, including the number
of children among them, is hard to pin down. On James
Tabor and Eugene Gallagher’s “Why Waco?” Web site, a
list of Branch Davidians counts seventy-two dead,
including twenty-three children. The New York
Times, reporting on the FBI’s belated admission that
it had fired pyrotechnic gas canisters at the compound,
noted on August 26, 1999, that “about 80 people,
including 24 children, were found dead after the fire.”
The following day, a subsequent story said “about 80
people, including 25 children.” David Stout, “FBI Backs
Away from Flat Denial in Waco Cult Fire,” New York
Times, August 26, 1999, Al; Stephen Labaton “Reno
Admits Credibility Hurt in Waco Case,” New York
Times, August 27, 1999, Al. The Justice Department’s
report directly following the events said “the medical
examiner found the remains of 75 individuals” but did
not specify how many were children. Edward S. G. Dennis
Jr., “Evaluation of the Handling of the Branch Davidian
Stand-Off in Waco, Texas, February 28 to April 19,
1993,” U.S. Department of justice report, Washington,
D.C., October 8, 1993.
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