Alisdair A. Gillespie

Legal definitions of child pornography

Abstract Most professionals and lay people would probably argue that they know what child pornography is. While it is a relatively easy concept to define when one refers to the “typical” forms (e.g. a photograph of a pre-pubescent child engaged in a sexual act), it becomes less easy to define when the image is less graphic (e.g. a photograph of a 16-year-old girl topless). This article considers the challenges that arise when drafting an adequate legal instrument to tackle child pornography. It considers at what age a person is “a child”, what types of material should be considered as pornography and what it is about material that makes it child pornography. The article concludes that child pornography is not an easy concept to define and that tension will always arise between the desire to criminalise exploitative material and personal freedoms such as expression and free speech.

Child Pornography: Law and Policy

1. Introduction Part 1: Definitions 2. What is child pornography? 3. Indecent Photographs of Children 4. Other Legal Definitions 5. Virtual Child Pornography Part 2: Offending 6. Indecent Photographs 7. Other Approaches to Child Pornography Offences 8. Non-Photographic Prohibited Images 9. Young People and Child Pornography 10. Sentencing Child Pornography Offenders Part 3: Policing Child Pornography 11. The International Dimension 12. Policing Child Pornography Part 4: Conclusion 13. Conclusion

Adolescents accessing indecent images of children

Abstract This paper considers the legal consequences of adolescents accessing indecent images of children. It challenges the current default position that such behaviour is illegal and worthy of punishment. The paper seeks to understand the circumstances in which adolescents may seek age-appropriate material and considers whether this is more blameworthy than those who engage in physical sexual contact with other adolescents. By examining the legal frameworks of indecent images and contact offending the paper concludes that there is unfair disparity within the criminal justice system.

Jurisdictional issues concerning online child pornography.

The Internet has posed a number of challenges to the concept of jurisdiction in respect of many crimes. The inherent architecture of the Internet means that questions have been raised as to whether ‘cyberspace’ should be recognised as a new form of international space. This article questions whether this is necessary or desirable and then considers how two countries, England & Wales and the United States of America, have interpreted their domestic law to provide for securing jurisdiction not only where people access child pornography from within the territorial borders of the country but even where material, hosted abroad, is accessible from within the territorial borders. The article considers the implication this has on laws seeking to tackle child pornography and whether it has extended the law of jurisdiction beyond that which is commonly understood.

Barring teachers: the new vetting arrangements

This article forms the second part of an examination of the law relating to the vetting and barring system for teachers and those who have access to children. It was seen in the first article (Gillespie, 2006, Education and the Law, 18(1), 19-30) that controversy had erupted when it was disclosed that some teachers were allowed to remain in the teaching profession even after being cautioned for child sex offences. The government sought to review the operation of List 99 (the name given to the list of those barred from teaching) and in the longer term wished to completely rethink its approach to the vetting and barring system. This article critiques these proposals and assesses whether they will be any more effective at protecting vulnerable members of society.

Caution Ahead: Teachers, Vetting and the Law.

At the beginning of 2006 the media reported instances where people who had been convicted of sexual offences against children were permitted to work in schools. A list of unsuitable people (known as ‘List 99’) has existed for over 80 years and yet the system appears to have broken down. In this article I seek to examine some of the issues involved in the operation of List 99, including the suggestion that those who are cautioned for committing offences against children should equally be unable to work with children. A second article will then critically analyse the changes proposed by the government to the operation of List 99 and the vetting of those who wish to work with children.

Child pornography: balancing substantive and evidential law to safeguard children effectively from abuse

The law relating to child pornography in the United Kingdom has, over recent years, changed dramatically. These changes have been brought about by both legislation and case law. This article critically analyses the consequences of these changes and, in particular, considers the probity of apparent reverse burdens of proof created by the legislation. When the right to a fair trial is being examined, it is usual to balance the rights of the individual defendant and the rights of society to expect a smooth-running criminal justice system. The balancing act in this field is more complicated because those who are the subject of abusive images are the most vulnerable members of society, and thus the balance struck must not unduly constrain law enforcement agencies, preventing them from tackling the exploitation and abuse of children.

Cyber-Stings: Policing Sex Offences on the Internet:

The use of proactive police tactics on the Internet has increased in recent years but little has been written about the propriety of such operations. This article considers the type of operations that occur and considers the propriety of such action, including examining the evidential rules relating to entrapment. It also examines how the media uses similar tactics in order to obtain news stories and yet questions can be raised as to whether this interferes with the workings of the criminal justice system.

Mooting for learning

Mooting is widely accepted as a ‘fun’ activity. Students, or perhaps more accurately some students, appear to like mooting and some staff like judging moots. This article seeks to discuss the proposition that mooting is not just ‘fun’, but that it can also be something more valuable, ie a vehicle for learning. The article is based on the research conducted by Gillespie and Watt published elsewhere (Gillespie and Watt, 2006). It is not, however, a rehearsal of the research, but rather seeks to build on the findings by questioning the use of mooting within the curriculum.

The Electronic Spanish Prisoner: Romance Frauds on the Internet

This article considers the issue of romance frauds, a form of behaviour that has recently gathered significant public attention. A romance fraud operates by persuading a person to believe they are in a legitimate romance and then using that romance to extract money, gifts or other financial rewards from them. The emotional consequences of romance fraud can be significant, with victims often experiencing feelings akin to grief. This paper considers whether such behaviour should be considered a financial crime or whether the behaviour inherent within it means that it should be considered an offence against the person.