Should Child Pornographers Be Given The Same Punishment As Child Abusers?
What is Child Pornography?
Child pornography is a form of child sexual exploitation. It refers to any content that depicts sexually explicit activities involving a child. Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual child and an image created, adapted or modified but appear to depict a child. These images and videos that involve the documentation of an actual crime scene are then circulated for personal consumption.
Child Sexual Abuse (CSA) is a universal problem with grave life-long outcomes. The World Health Organisation (WHO) defines CSA as “the involvement of a child in sexual activity that he or she does not fully comprehend and is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violate the laws or social taboos of society.”
The term CSA includes a range of activities like “intercourse, attempted intercourse, oral-genital contact, fondling of genitals directly or through clothing, exhibitionism or exposing children to adult sexual activity or pornography, and the use of the child for prostitution or pornography.”
The Protection of Children Against Sexual Offences
The Protection of Children Against Sexual Offences Act, 2012 regarding child sexual abuse. The Act came into force from 14th November 2012.
It was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process.
Offenses under the Act include:
Penetrative Sexual Assault: Insertion of penis or object or another body part in child’s vagina or urethra or anus or mouth, or asking the child to do so with them or some other person
Sexual Assault: When a person touches the child, or makes the child touch them or someone else
Sexual Harassment: passing sexually colored remark, sexual gesture or noise, repeatedly following, flashing, etc.
Child Pornography
Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault
The act is gender-neutral for both children and for the accused. With respect to pornography, the Act criminalizes even watching or collection of pornographic content involving children. The Act makes abetment of child sexual abuse an offence.
Punishments:
The POCSO Act provides for stringent punishments, which have been graded as per the gravity of the offense. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. An offense is treated as “aggravated” when committed by a person in a position of trust or authority of a child such as a member of security forces, police officer, public servant, etc.
Penetrative sexual assault: Imprisonment between 10 years to life, and a fine.
Aggravated penetrative sexual assault: Imprisonment between 20 years to life, and a fine.
Sexual assault: Imprisonment for 3 to 5 years, and a fine.
Aggravated sexual assault: Imprisonment for 5 to 7 years, and a fine.
Sexual harassment: Imprisonment up to 3 years, and a fine.
Using a child for pornographic purposes: Imprisonment up to 5 years, and a fine.
Storage of child pornographic material: Imprisonment up to 3 years, with or without fine.
Child pornography charges can be prosecuted in both federal and state court and carry hefty criminal punishments. First-time offenses can result in 15-20 years in prison plus extended time in supervised sex offender release programs. Being charged with possession of child pornography will also typically require a defendant to be registered in a sex offender database.
The punishment under the new amended Act is also more severe for depicting a child or children in any pornographic content. A minimum of five years’ jail, with a fine, is imposed after the first conviction. The amendment imposes a minimum of seven years’ imprisonment, with a fine for subsequent convictions.
How does it affect the child?
The health outcomes of CSA can be grouped into mental health, physical health, behavioral and interpersonal.
The studies reported high risks for psychiatric disorders including obsessive compulsive disorders, suicidal behaviours and depression.
The victims of CSA were also found to have increased risks for temperamental problems, poor social adjustment, lack of trust, and insecure relations with parents.
Victims of child pornography suffer not just from the sexual abuse inflicted upon them to produce child pornography, but also from knowing that their images can be traded and viewed by others worldwide.
Once an image is on the Internet, it is irretrievable and can continue to circulate forever. The permanent record of a child´s sexual abuse can alter his or her live forever. Many victims of child pornography suffer from feelings of helplessness, fear, humiliation, and lack of control given that their images are available for others to view in perpetuity.
Does Punishment Help In Decreasing Or Eradicating Crime?
The issue of CSA is still a taboo in India. In India, the majority of the people remain numb about this issue. This silence is due to the fear of indignity, denial from the community, social stigma, not being able to trust government bodies and the gap in communication between parents and children about this issue. Hence cases are not reported and are settled within the institution.
A number of factors confound the identification of a CSA victim. Some of them do not reveal characteristic signs and symptoms. Many instances of CSA don’t include penetration sex, victims usually clean themselves following attack, and hence the medical investigation does not provide any evidence of rape. CSA victims and their families experience the panorama of legal proceedings that can continue for several years.
This is the reason why cases are not reported. And if they are, the action is not immediate and rapid, as a result it does not help in decreasing the number of crimes taking place with young souls.
Should Child Pornographers Be Given The Same Punishment As Child Abusers?
Child pornography is considered as an offence under POCSO Act. So, be it a child pornographer or a child abuser, they all come under one umbrella with the same motive, which is why they should be given the same punishments.
The article has been written by our Amol - Bhumika Malhotra
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