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Child sexual abuse is a criminal offence, not a privacy issue

By Ingrid Fjastad - posted Tuesday, 17 June 2003


Legislation of a low age of consent would, they argue, recognise children as sexual beings. What it would really mean is that pedophiles would no longer be committing indictable offences and risking a jail term. It would also legitimise the production, sale and downloading of child pornography whether in the privacy of your own home or not.

However, I argue that the age of consent could not be lowered justifiably or reasonably to the age of ten without first changing the fundamental tenets of Western society and the social values that are accepted as the norm. A ten-year-old does not have the necessary knowledge or experience to discern the possible harm or consequences of sexual activity and make an informed decision. Therefore consent is not valid. If consent is not valid, the child's human rights have been violated and there is no validation for the actions of the pedophile. If there is no validation for the actions of the pedophile to produce child pornography, then there can never be an acceptable instance where the viewing of child pornography is permissible.

Most societies accept that the use of children in pornography is exploitation of the child and a human rights violation under the presumption of the child's inability to consent. Children essentially have little legal status and do not have the education or experience to determine the consequences and nature of sexual actions. Therefore children cannot meaningfully consent to engage in pornographic activities. Where a child is filmed or photographed in a sexually explicit manner, he or she is being subjected to the grossest violation of his or her human rights. When pedophiles are viewing pornographic videos of children they are not doing it as individuals exercising their rights to privacy in their own homes; they are doing it because it makes them feel sexually aroused and ultimately gives them gratification. And while they are watching children skillfully performing sexual acts, they know that months or years of abuse have been perpetrated in order for those children to gain such knowledge.

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For most of these child victims, there will be long-term psychological scarring and, in some cases, even physical damage. The cost to society will be horrendous. As well, every pornographic photograph and video that is put on a website becomes a permanent record of that child's abuse. The child is then forced to live with the devastating knowledge that thousands of people could view that particular site, perpetuating the abuse indefinitely. Child sexual abuse is not a privacy issue. Child sexual abuse IS a criminal offence that causes permanent damage to children. In the eyes of a civil and lawful society if you produce it, buy it OR watch it, you MUST be liable to criminal prosecution.

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Article edited by Merrindahl Andrew.
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About the Author

Ingrid Fjastad is the Australian Democrats spokesperson for Rankin Electorate, a founding member of the Protective Parents Association, a volunteer with Bravehearts and mother of four children.

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