School of applied human sciencesExploring the impacts of child pornography among young females in Durban, South Africa. by Khuzani Sabelo Zuma Supervisor: Dr Samuel Fikiri CHAPTER ONE Introduction1.1 IntroductionSex is the most searched topic on the internet (Burke et al., 2002).
An internet in our nation has turn out to be the most visited place especial the pornographic sites. The visitation of pornographic sites, certain group particularly children in societies are literally vulnerable, violated and victimized. The victimisation of children is that their sexually explicit conduct is looked-for and disseminated across the world. This chapter is split up, it will first start with background information follow by problem statement which will specify essential of the study as well as the gap this study target to address. The last part of this chapter, chapters and conclusion will be summarised.1.
2 Background of the studyTo get picture of electronic crimes globally, one ought to cognize that in olden times, internet was unavailable and such crimes were not dominant. It was largely physical contacts crimes were committed. Modernization arose with crimes as substantiated by Mamandi and Yira (2014: 35) that ” Today, the technology is ubiquitous and increasing easy to use, ensuring its availability for both offenders and victims”.
The view of cybercrime is a global matter that need global intervention to outbreak. Why is that stated, it for the reason that Mamandi & Yira (2014) furthermore expand understanding that it is complex phenomena and hard to safeguards. Until recently child pornography was not seen as significant contributory factor in the perpetration of child sexual abuse and, if it recognised, it was seen as a lesser symptom of much a broader and more significant problem (Maria, 2009). Child pornography play part of sexual exploitation in children. In the paper, international centre for missing and exploitation of children, Allen (2008: 14) asserted that “child pornography is a multi-jurisdiction problem to which a global approach must be applied”. It is no doubt that this is the greatest crime as media report it as a key social problem all over the world. Statistically, Roux (2010) saysSouth Africa has experienced a 9.1 percent growth in internet users in the period between 2000 and 2008(internetworldstats).
Currently, South Africa is the fourth in the Africa top 10 countries rating, with estimated 4.6 million internet users (internetworldstats). He moreover argues that if one types in “free porn” on google, the most popular search engine in south Africa, one gets 53300000 hits” (p,4).. The challenges of cybercrime internationally, is that it does not require closeness between offender and victim which that prohibit law enforcement agencies or the prosecutors to investigate.
Cassim (2011) agree that this compound the problem of detection. The pornographic sites are joined at no cost and that large amount, children are abused, raped and sodomised. According to Schell et al., (2007) suggested reasons for this exploitation that computers aid those attracted to children’s sexuality and no block of entry for storage, production and distribution of the child pornography. Evidence reveal that exposed to this crime “Children in single-parent homes, without parent, with mental and/or emotional problems, in dysfunctional families, and/or children who are mentally challenged or have been abused- are the children who are most at risk when it comes to pornography”(Roux, 2010: 4).Word wide, this crime cannot be resolved fast as possible. There are numerous dilemmas to investigate internet child pornography.
In the survey of United State law enforcement agencies results shows that ” These cases may require digital evidence collection, undercover operations, and tailored interviewing practices”(Melissa Wells and Mitchell, 2007: 271). However, In 23 November 2001, European Convention on cybercrime was signed at Hungary. Why was it signed? In the study addressing the growing spectre of cybercrime in South Africa, Cassim (2011: 126) claimed that “The European Convention on Cyber Crime (CECC) is said to be the first international treaty on crimes via the internet and other computer related networks, which address infringements of copyright, computer-related fraud, child pornography, and violations of network security”. Worldwide perspective, this was first initiative introduced to fight against and combat cybercrime .In general this response aimed to protect societies and adopt legislations that foster international collaboration.1.
3 Motivation of the studyAccording to Emily (2011:4), motivation is well-defined as “attributes that move us to or not to do something”. Motivation can be also interpreted as the desired force that stimulate someone to the course of action. In relation to the study, the compelling force that moves me to do research on this topic is to alert, reveal and advance knowledge to South African criminal justice, government, societal members about effects of abusing children sexually. The protection of young generation’s future since they are leaders of this nation. The mechanisms can be invented to curtail child pornography specific to young females. The motive is based on current trend that young females are commodities traded like weapons across the globe. The constant development of technology, internet accessibility has modified people and they lost moralities like conscious, respect and caring. The passion of children is falling in sense that elders have become conscious that their sexual gratification is on internet through pornographic sites of young females.
Cybercrime, child pornography appear as horrible crime to real victim and it encompass shame. Thinking about outcomes of child pornography and future of those who happen to be subjected to this crime, few research observed that position. This, therefore permitted me to conduct this study to investigate consequences of child pornography among young females in KwaZulu-Natal, examining the impacts which will reveal comprehensive discoveries on what to done to protect vulnerable females in coping with life because I acknowledge fact that they will be parents and leaders of this nation.1.4 Problem statementThe problem of this study attempt to address is sexual abuse among young females through internet. Krone (2004) argued that ” the internet provides an environment for the proliferation of child pornography and creation of an expanding market for its consumption”. Since level technology gets sophisticated day-by-day, lots it brought which often deprave citizens mainly children.
Child pornography become culture in modern society. Individuals through internet get opportunity to commit sex crimes, exploit children and trade them across for personal benefit. According to Schell et al (2007) in 2005, predicted that child porn make more US3 billion yearly and over 100,000 websites in place primarily for purpose of selling child porn. In the report by South African Police Service, approximately over 50,000 children in the world are abused and used as porn child actors.
Legal problem statementIn the consideration of national statistical review, it appear visible that child pornography is extremely taking place. According to Hamilton (2012) asserted that risk of internet child pornography could be physical contact with the online perpetrators to sexual violence. It can be asserted that cyberspace is risky in many ways as elders join children chats rooms simply as no entry restriction then promise young girls certain jobs but intentional knowing no job offer but joined sites for sexual attraction. The consequence would be rape to targeted young female. Broadly viewing the international legal standards that tackles issue of child pornography, it involve Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography and lastly the council of Europe convention on cybercrime.
Positively, these ethics credit value and importance of children as well as protection of their rights. In addition to this, Ernie Allen (2008) emphasise that ” All the three are effective tools for combating sexual exploitation and abuse of children because they contain specific definition of offences as well as provisions requiring punishment for criminalized behaviour, allowing for more effective prosecution of perpetrators” (p,7).In the constitution of South Africa, section 14 says privacy remain the fundamental rights to everyone. This right include to have no communication or publication of one’s material without consent. The constitution concedes protection of children, it fights against all aspects that might place children in vulnerable position. The recent changes in the South African law commission, Mollema and Terblanche (2011: 283) postulated that “Sexual offences now include all kinds of child sexual abuse, of which child pornography is but one.
In this contribution we examine child pornography in the form currently criminalized in South Africa”.Child pornography is typical seeing as stigmatising criminal offence. The need of this study is to consider side effects of this cybercrime. Therefore, this then put this study forward to seek in-depth understanding as to what outcomes it has specific in victim’s side. The focus is on young females in KwaZulu-Natal, Durban.
1.5 Key research concepts1.5.1 Cyber crimeThe cyber crime problem has become a global problem that requires global intervention (Cassim, 2011).
Cyber crime is “computer-mediated activities which either illegal or considered illicit by certain parties and which can conducted through global electronic networks” (Gercke, 2011: 27). A generalised definition of cyber crimes are criminal offences committed through internet or aid by various methods of computer technology, such as bullying or sending sexually overt digitals pictures using a smart phone.1.5.2 Child pornographyAccording to Mollema and Terblanche (2011), a criminal law (Sexual Offences and related matters) amendment act 32 of 2007 define child pornography as “any image, however created or any description or presentation of person, real or stimulated, who is or who is depicted, made to appear, look like, represented and described as being under the age of 18 years…”. The court in the films and production act state that “child pornography includes any image, real or simulated, however created, depicting a person who is or who is shown as being under the age 18 years, engaged in sexual conduct or display of genital which amounts to sexual exploitation, or participation in, or assisting in another person to engage in sexual conduct which amount sexual exploitation or degradation of children” (p .291).1.
5.3 Young femalesYoung females are recognised as children. In the international law, Clark-Kazak (2009: 1308) mentioned that “no definition of young person exists”. However, the alternative to understand meaning of a young person in the world, it essential to define what child is. Under department of justice, (children’s act 38 of 2005) declare that “child means a person under the age of 18 years” (p, 12). In addition, child is claimed to be any human being appear to be below age of eighteen years.
Apparently in this study, focus is on female children who’s not reach adulthood stage of human development. 1.6 Aim of the studyThe overall aim of the study was to explore precisely the impacts of child pornography among the youth females.1.7 Research objectives of the studyThe intentions behind this study are as follows:1) The experiences of child pornography to subjected female victims.
2) The possible actions taken by female victims after crime incidence. 3) The effectiveness of support structures that assist vulnerable young females.1.
8 Key research questionsThe critical questions related to this study are as follows:1) What types of traumas experienced by female victims of child pornography?2) What initial steps took by victimised females after exposed to crime?3) How effective is the support structures in supporting sexual abused females? 1.8 Structure SequenceA) Chapter 1 IntroductionThis chapter provide reader with introduction, background information as well as problem statement, which indicate the research problem need to be forwarded. It also includes research objectives hope to achieve and research questions of the study.B) Chapter 2 Theoretical frameworkThis chapter outline theoretical approach that is applicable to the research study.
The theory employed to underpin study is the Routine Activities Theory of Marcus Felson and Cohen Lawrence (1979).C) Chapter 3 Literature reviewThis chapter offer well-designed literature review considering the past and present evidence on child pornography. Examine what other academics have found under this research area.
Carefulness of the study will be paid to the impacts surround this marvel in young females, Durban South Africa.D) Chapter 4 Data analysisThis chapter outline the discussion and analysis of findings that was gathered during study time frame. During the collection of data, the tools used to analyse data will be further briefed in detail ensure how findings makes sense and provide possible solutions of the study research problem.
E) Chapter ConclusionThis chapter shortly outline the overall of the study. It basically comprises the literature review in combination with theoretical framework to show the linkage developed during study and key findings. The conclusion will be drawn based on the analysis of findings obtained thereafter the recommendations will be provided for future research about this investigated topic.Reference listBurke A, Sowerbutts S, Blundell B, et al. (2002) Child Pornography and the Internet: Policing and Treatment Issues. Psychiatry, Psychology and Law 9: 79-84.Cassim F.
(2011) Addressing the growing spectre of cyber crime in Africa : evaluating measures adopted by South Africa and other regional role players. cilsa Comparative and International Law Journal of Southern Africa 44: 123-138.Clark-Kazak CR. (2009) Towards a Working Definition and Application of Social Age in International Development Studies.Ernie Allen.
(2008) Child Pornography:Model Legislation & Global Review, U.S. Department of State.Gercke M. (2011) Understanding cybercrime: a guide for developing countries. International Telecommunication Union (Draft) 89: 93.
Hamilton M. (2012) THE CHILD PORNOGRAPHY CRUSADE AND ITS NET-WIDENING EFFECT. Vol. 33:4.Krone T. (2004) A Typology of Online Child Pornography Offending.
Mamandi K and SY. (2014) A global perspective on cybercrime. Vol.
2, No. 2, 2014, pp. 33-37.Melissa Wells DF, Janis Wolak & Kimberly and Mitchell J. (2007) Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet ChildPornography Possession1. Vol. 8, No.
3, July 2007, pp. 269–282.Mollema N and Terblanche SS.
(2011) Child pornography in South Africa. South African Journal of Criminal Justice 24: 283-308.Quayle E and Taylor M. (2002) child pornography and the internet: perpetuating a cycle of abuse.
Deviant Behavior 23: 331-361.Roux El. (2010) Pornography: Human right or human rights violation? : 8 pages.Schell BH, Martin MV, Hung PCK, et al. (2007) Cyber child pornography: A review paper of the social and legal issues and remedies—and a proposed technological solution.
Aggression and Violent Behavior 12: 45-63.
