| 2
March 2002
S.T.O.P.
SUBMISSION TO THE PARLIAMENTARY TASK GROUP HEARING
ON THE SEXUAL ABUSE OF CHILDREN
THE CORRELATION BETWEEN PORNOGRAPHY AND THE SEXUAL ABUSE OF
CHILDREN
The motivation of our STOP Group in making this submission
may be found in the words of our Mission Statement, viz:
To promote a society in which children are nurtured in an environment
of sound family values and in which women and children in particular
are protected from sexual crime, sexual exploitation, abuse
and violence in accordance with their Constitutional rights.
The particular
aspects which will be addressed in this submission are, to
quote
from the published Task Force notice, "… child
rape and abuse to analyse its causes and inform our counter-strategies
appropriately."
The focus
of our Group lies in opposing the flood of pornography and
related
sexually explicit material which has engulfed our
country since it became known in 1994 that pornography would
be legalized for the first time in the history of our country
by an Act of Parliament. This, the Films and Publications Act
which was gazetted in November 1996, also, by its nature, contributed
to the development of a social climate of sexual "freedom" which
inevitably degenerated into an "anything goes" culture.
Statistics indicate that this rapidly translated into the increase
in sexual crime which will not, per se, be elaborated on here.
Suffice it to say that, in 2000, 25 578 sexual crimes against
children (i.e. under age 18) were reported (Carol Bower, Executive
Director, RAPCAN, in the Cape Argus, 14 November 2001). The
effect of legalizing pornography is well summed up by Dr Judith
Reisman, Director and President of the Institute for Media
Education, Arlington, Virginia, USA, in her 1995 paper "A
Testimony for South Africa re Mass Media Effects", as
follows: "There is no such thing as protecting children
from pornography when it becomes legalized. Increasingly societal
coarsening allows more and more abuse …" Ms Bower
in her letter to the press referred to above has this to say: "… we
need to reflect on the fact that childhood, with the space
to grow up and explore the inner and outer worlds free of fear,
is increasingly not a period of innocence in South Africa."
In line with our focus, the main aims of this submission are
firstly, to present evidence to show the causal linkage between
pornography and sexual abuse, whether it be of children or
women and, secondly, to suggest appropriate solutions. Our
overall objective is to highlight the urgency of the need for
counter-measures aimed at PREVENTION of, rather than intervention
in, the sexual abuse of children.
However, as the public in general (and politicians are no
exception!) are surprisingly ignorant of the in-depth facts
about pornography it is essential, as a first step, to look
at the nature of pornography, i.e. what it is, its wide availability
in the community, and its effects. The effects will also illustrate
the causal link with sexual crime.
THE NATURE OF PORNOGRAPHY
The dictionary definition is "the writing of prostitutes".
It is designed to sexually arouse the viewer or reader – that
is its essential objective. It depicts mechanical, loveless,
and frequently violent sex and often involves children (or
petite "legal" 18-year-olds made up and dressed
to look like much younger children – that is to say,
simulated child pornography). It perpetuates the rape myth
that when a woman says "No" she actually means "Yes" and
that she enjoys sex even when it is violent. Overall, the male
is always dominant.
A re-definition
came from the (unanimous) Supreme Court of Canada in 1992
as "material that degrades or promotes
violence". The term sexually explicit material (SEM)
is also in use as being synonymous with, and preferable to,
pornography.
Pornography depicts, in decreasing order of frequency:
1. Nudity
2. Heterosexual sex and oral sex
3. Group sex
4. Homosexual behaviour
5. Violence
6. Paedophilia
7. Bestiality (i.e. sex with animals)
Pornography may be described as being Hard-Core or Soft-Core.
When evaluating the effects of pornography on the individual
and on society this distinction is for most purposes not relevant.
The difference between Child and Adult pornography is, of course,
distinct with the former having a specific association with
the sexual abuse of children.
Child pornography
is illegal in our country.
MEN'S MAGAZINES – "SOFT-CORE" PORN
In addition to the "hard-core" porn which enters
the community via adult premises, there is a vast amount of
unclassified men's type magazines containing disgustingly
explicit sexual material capable of fostering promiscuous attitudes.
The potential danger is increased by their sale in "Family" outlets
such as stationers, bookstores, "corner cafés" and
similar chains, and supermarkets. It is encouraging however
that there are some of these, including some national supermarket
chains, which have shown a praiseworthy sense of social responsibility
by refusing to stock magazines of this genre on principle or
in response to public pressure.
AVAILABILITY OF PORNOGRAPHY
Pornography is freely available in books, magazines, videos,
cinema films, TV, radio, the media and advertisements. The
Internet has a mind-blowing array of easily-accessible porn
websites featuring explicit, depraved, sexually explicit
material as well as several million images of child pornography.
How is
it that this material is found everywhere in our society?
Where films
and publications are concerned it is, in a nutshell,
because of the parameters of the Films and Publications Act.
The built-in precaution in the Act, in the interest of protecting
children, is the provision that material classified as X18
may be sold only in licensed Adult Premises to persons over
the age of 18. How can we be so naive as to expect that, once
it leaves the shop, it will not find its way into the community?
It is found in second-hand bookshops, in the streets, in car-boot
sales, at school recycling depots, in homes where it is left
lying about by careless adults, and in our schools where these
publications circulate freely, being especially popular amongst
young boys. The consequences? To look at just one – how
can we expect to inculcate healthy and acceptable standards
of sexual behaviour in boys aged 12 to 17, known to be the
biggest consumers of pornography, when their standards are
being set by smut and sleaze? A relatively mild example to
illustrate this point is the cartoon series formerly featured
in the notorious Hustler magazine (USA), produced by a man
using the pseudonym of Chester the Molester. Enough said! (He
was later jailed for sexually molesting his young daughter
over a period of years.)
The result
of this widespread dissemination of pornographic material
is that
it is no longer the preserve of the relatively
affluent strata of society but is available across the board
to the community. Its significant use by gangs who, inter alia,
use it to lure school children into illicit activities, is
but one example. Another with a relatively light slant is that
of a "bergie" who came begging at the suburban
home of a member of our STOP committee and was found to have
porn magazines in his bag! (This lady's husband burnt
them!) The implications are, however, anything but "light-hearted".
Amongst the readily available sources of sexually explicit
material our television broadcasts must be singled out in their
ability to alter standards of sexual behaviour. The constant
glamorisation of violence is equally deplorable. TV comes unasked
right into our homes and its influence is insidious and all-powerful.
Our national broadcaster and the commercial channels are constantly
pushing the limits from the sexually suggestive through to
overt pornography.
It is significant that by far the greater volume of concerns/complaints
that our Group receives is related to TV and radio broadcasts
rather than to other sources of porn.
The effects of TV will be enlarged on later in this submission.
RAPE – A
CRIME OF VIOLENCE?
As the rape of children is uppermost in our minds at this time,
it is appropriate, before continuing, to look briefly at
the profile of the rapist.
In the
past the literature has favoured the theory that rape is
predominantly
an act of violence rather than a crime motivated
by passion or lust. We suggest that, with the general decline
in standards of sexual behaviour over the past few decades,
this is no longer the case. "Date rape", increasingly
common, and the rape of school children by teachers, for instance,
are unlikely to be primarily attributable to the underlying
need of the perpetrator to commit an act of violence. This
is reinforced by the definitions of rape used by Dr Rachel
Jewkes et al. in their paper "Rape of Girls in South
Africa" (The Lancet, 26 January 2002), in which women
were asked if they had been "forced to have sexual intercourse
against their will by being threatened, held down, or hurt
in some way" or "persuaded to have sexual intercourse
when they did not want it" (emphasis added). It appears
that, in searching for the causes of the escalation of rape,
the mindset of the rapist is due for reappraisal.
EFFECTS OF PORNOGRAPHY
Different individuals react in different ways to sexually explicit
material (SEM). Dr A. Grazioli, an eminent sex therapist
and Director of the Sex Education and Dysfunction Unit of
South Africa, sums this up by saying, "The pre-established
vulnerability of each individual exposed to SEM will determine
the degree to which each individual is consciously and subconsciously
affected by it." However, there is no getting away
from the fact that by its very nature, pornography is able
to promote a permissive, promiscuous, and sexually violent
culture. The common-sense conclusion is that the emphasis
on the need for sexual excitement generates a mindset which
finds its outlet all too often in sexual abuse, whether it
be of women or children.
What evidence
do we have to support this conclusion? In a presentation
at
the Beijing Conference in 1992, Dr Catherine
Itzin said, "It is noteworthy that governments in the
USA, Canada, Australia and New Zealand have now acknowledged
the links that have been established between pornography, sexual
violence, child sex abuse and sexual inequality." In
her paper (1992) "The Evidence of Pornography – Related
Harm", she says: "There is evidence that through
the making and use of pornography, women and children are harmed.
This harm includes: sexual murder, rape, sexual assault, child
sex abuse, sexual harassment, coercion in the making and use
of pornography, sexual objectification, and contributing to
sexual inequality and women's subordinate status."
There is a vast amount of international reputable literature
to support the correlation between sexual crime and the use
of pornography. This ranges from the obvious example of the
paedophile who uses child pornography both to stimulate himself
and to motivate his victim to the less well-known that pornography
consumption has the effect on the user of trivialising rape
as a criminal offence. Space dictates that we quote only a
few references.
Dr Victor
Cline, clinical psychologist at the University of Utah, one
of the
most respected researchers in the field of
sexual abuse, has treated hundreds of sex offenders who have
had exposure to hard-core pornography. He has found a near
universal pattern. First there is an addictive effect followed
by an escalation in the need for "stronger" material – in
these ways pornography is no different from drugs. Thirdly,
over time, desensitisation occurs and, fourthly, there is an
increased tendency to put into action the sexual activities
seen in the pornography. Thus fantasy can become reality – especially
dangerous to the community where the addiction has been to
child pornography.
Dr William Marshall, a respected and experienced Canadian psychologist,
stated that "87% of girl child molesters and 72% of
boy child molesters regularly use pornography" and "86%
of rapists regularly used pornography and 57% imitated pornographic
scenes in the commission of rape."
In a 10-year
study, the Los Angeles Police Department found that in 60%
of child
molestation cases, adult or child pornography
was used to destroy the conscience of the child and teach them
to model perverse behaviour (Attorney-General's Commission
on Pornography, USA, 1986).
This is but a glimpse of overseas findings. Now to bring the
picture nearer home. Cape Town SAFELINE counsellor Lindi Wadhams,
in a presentation to the 1997 Western Cape Pornography Conference
organised by our STOP Group, said:
"About 80% of the perpetrators (of sexual offences) I worked with admitted
to being involved with pornography ranging from soft core pornography to hard
core pornography. According to one sexual offender, ‘As an abuser I can
say that pornography definitely played a role in my abusive patterns. Looking
at material started my fantasising and from there I would show the pornography
to my intended victim and watch their reaction. Sometimes I would get the victims
to act out what they saw. I have no doubt in my mind that from my experience,
pornography should be banned and that it is harmful.'"
In the
mid-90's an advocate of the then Western Cape
Attorney General's office stated that every case of consensual
child abuse she had handled involved the use of pornography.
Child prostitution
is rife in our country and has escalated tragically since
South Africa became known as a premier sex-tourism
destination. Children's bodies are plentiful and cheap,
particularly on the Cape Town Waterfront, and pimps make use
of pornography as tools to teach and motivate (the report, "Child
Victims of Prostitution in the Western Cape" by the Institute
of Child and Family Development, Western Cape).
Our Uniquely South African Situation
In
considering the effects of exposure to sexually explicit
material on
our
nation it has to be emphasized that pornography
is not part of the culture of our indigenous peoples and exposure
of their young people to this material has led to puzzlement,
anger and breakdown of traditional family values. Soweto-born
Mary Masechabe Mabaso gives an African-orientated analysis: "In
our tradition, sex is a private thing and you have to respect
it … We have never before seen things like some of them
are showing [on videos] … Now we realize that other countries
are not worried about sexual abuse. They do it in public whereas
with us it is a curse. The boys here are now taking advantage
of what they are seeing. They want to sit with a girl and kiss
her. But that is not our nature. It is not our culture. Boys
nowadays want to practise what has never been practised in
our country" (Prof. Diana Russell, "Rape and Child
Sexual Abuse in Soweto: an interview with community leader
Mary Mabaso, 1991).
Mary Mabaso
also testified, when describing the ways in which schoolgirls
were being raped in her area, "that pornography
can cause men to act out sexually in ways they couldn't
have imagined without the aid of pornography" (Anne Mayne,
in current Task Force submission).
Political
Studies lecturer at the University of Cape Town, Mary Simons,
also
noted that when she was an honours student
at UCT her black male colleagues "found that one of the
most difficult things about coming to res [residence] was their
exposure to blue movies, which they had never seen before" (from
Varsity, 9 March 1993).
Dr Angelo Grazioli, in his 1995 paper submitted after being
requested by the Attorneys-General of the Western Cape and
Witwatersrand to draw up a statement, gives this personal comment:
"As a sex therapist practising in South Africa I observe large sectors
of the society in transition from rural to urban setting, in transition from
lower to higher socio-economic status, and in transition from disempowered to
empowered class. Such transitory status renders individuals hungry for success
to be particularly vulnerable to symbols of freedom, independence and maturity.
I frequently encounter individuals whose acceptance and use of SEM has more to
do with a quest for such upward mobility than with a carefully thought out logic."
In his
personal conclusion at the end of the paper, Dr Grazioli
says, "I consider South African society to be relatively
more vulnerable to the deleterious effects of sexually explicit
material than ‘first-world' societies."
In 1996, when testifying to the portfolio committee hearing
on the Films and Publications Bill, Dr Grazioli pinpointed
the vulnerability of our society as follows:
"As a sex therapist practising in South Africa, I find the exceptionally
violent climate of the society, and the high incidence of broken family units,
has left many individuals with a pre-established vulnerability to the most misleading
and destructive effects of sexually explicit material."
A 1995
memorandum to parliament on the Films and Publications Bill
by Advocates
Ronel Berg and Tessa Heunis of the then Attorney-General's
office, Western Cape, says:
"We have a dysfunctional society which can't be equated with that
of any of the so-called First World countries (emphasis added). We have the highest
crime (including rape and child abuse), illiteracy, unemployment and divorce
rates, coupled with the problems of a lack of housing and migrant labour, all
of which will affect the dissemination of pornographic material and the likely
effect …..…"
Paradoxically,
the highest-in-the-world crime and divorce rates mentioned
in
the above Memorandum as being two of the
indicators of the dysfunction of our pre-1995 society are themselves
exacerbated by pornography. Thus a "vicious circle" effect
is perpetuated.
Divorce warrants special mention in the context of the effects
of porn. The addiction of a husband to porn is becoming ever
more frequent as a factor in the breakdown of relationships.
When family life disintegrates the way opens up all too often
for neglect and abuse of children, sexual abuse by step-fathers
being particularly common. Criminal tendencies of every sort
are known to flourish where family life is extinct.
In the
light of our South African situation it is important to note
that
the factors which are frequently cited as being
primarily responsible, as opposed to pornography, for the rape
of children – viz. poverty, lack of housing, drug and
alcohol abuse – are those very factors which predispose
communities to be even more vulnerable to the effects of the
widespread dissemination of pornography. Admittedly no contributory
cause operates in isolation but the point here is that it is
the "mixed cocktail" that has the explosive effect.
And lastly,
in considering the effects of pornography in the South African
context,
that most tragic of the consequences
of a sexually permissive society – HIV/AIDS. The answer
to the question "How have we come from abstinence to
AIDS in one generation …?" is self-evident.
TELEVISION
The role of television, a major source of undesirable and offensive
sexually explicit material, actual and entertainment violence,
all capable of formulating or changing attitudes, was touched
on earlier in this submission. The words of Dr Harold Voth
of the USA, in his book "Families of America",
are particularly applicable to the effects of TV, particularly
on the younger generation
"Pornography depicts on the screen, the printed page, on television and
on the live stage, what exists in the sick personalities of millions of our fellow
Americans. When responsible adults permit this sickness to be displayed virtually
without any restriction, the younger members of society believe that elders condone
these forms of behaviour. New values are thereby introduced into society." (Emphasis
added)
The power
of TV is also illustrated in the findings of Dr James Babarino,
Professor of Human Development at Cornell University,
New York, that "15 years after television is introduced
into a country there is a doubling of the murder rate" (Argus,
25 October 1999).
A report
from Washington (Argus, 26 July 2000) states that in "what one lawmaker called a turning point in the battle
against entertainment violence, four national health associations
[Medical, Paediatric, Psychological, and Child and Adolescent
Psychiatric] are directly linking violence in television, music,
video games and movies, to increasing violence among children." The
organisation's statement says:
"The conclusion of the public health community based on over 30 years of
research is that viewing entertainment violence can lead to increases in aggressive
attitudes, values and behaviours, particularly in children."
In concluding
this section of our submission, which has been aimed at showing
the correlation link between pornography and
sexual crime, the words of Dr Judith Reisman (see previous
reference), in her 1995 paper, "A Testimony for South
Africa re Mass Media Effects", in the form of a prediction
even now being fulfilled, are particularly telling:
"So called frank sex education, allegedly candid sex talk shows, ‘adult' pornography,
or ‘artistic erotica' and the like, all contribute to the erotic
environment and as such all trigger child sexual abuse and a concomitant rise
in children sexually abusing other children and exponential increases in every
form of sexual violence. The resulting AIDS and assorted other venereal diseases,
illegitimate births, suicide, homicide, divorce, homelessness of children and
women, will economically unravel the wealthiest society, and will predictably
cripple the attempts of South Africa to rise economically and as a nation state."
COUNTER-MEASURES TO THE PROLIFERATION OF PORNOGRAPHY
Firstly we must have no illusions about what we are up against
in this "war against our children". Dr Grazioli,
in his 1995 report to the Attorneys-General already referred
to, briefly illuminates the scenario in America as follows:
"Sales of pornographic products in America exceed $7 billion each year – as
much as the motion picture and record industries combined. At least half that
money is skimmed off by organized crime. In fact, two grand juries determined
that organized crime controls a full 90% of the hard-core porn traffic in the
United States. 50% of the profits in the videotape industry come from pornographic
movies."
We do not have updated figures up to 2001 to show the ongoing increase in the
profits of this vast industry but we do know that pornography now also accounts
for a huge proportion of Internet revenue.
Experience
in South Africa (Anne Mayne, personal communication) has
shown that
the pornography trade is ruthlessly expansionist,
especially in trying to make inroads into an ever younger age
group. Prior to the advent of our country's newfound
freedoms in 1994 purveyors of pornography were, by their own
admission, waiting in the wings to pounce, like vultures, on
their newest prey.
SUGGESTED SOLUTIONS
These will
be briefly outlined. It is not for us to fine-tune solutions
but we can expand on
them if required. We will
also be happy to assist Government in any way emanating from
our experience gained over the past six years, together with
our wide-ranging review of the literature – mainly
from overseas countries. These countries have already travelled,
over the past three decades, the road which we are now travelling.
· Review of the Films and Publications Act, for example,
books and magazines of a pornographic nature should be submitted
to the Film and Publications Board prior to publication (submittable
publications), i.e. classification should not be "complaints
based" as at present.
·
Review of the Business Act in order to legislate tighter requirements
for the establishment of Adult Premises ("Sex-Shops").
e.g. by stringent licensing requirements, limitation of numbers
in a given area, and by land-use zoning. Such measures could
be passed on, as is presently the case, via Provincial law
and local government which, by its nature, allows for direct
public participation (Note: Zoning by-laws are already operative
in East London).
·
Enforcement of the Broadcast Act. The electronic media should
be compelled to adhere to the fine Code of Conduct as contained
in the Broadcast act. At present the Act appears to have no "clout" where
contravention of the Code is concerned.
· THE ESTABLISHMENT OF A USER-FRIENDLY, WELL-ADVERTISED ROUTE
(including a toll free phone line) FOR THE PUBLIC TO COMPLAIN
ABOUT OFFENSIVE/HARMFUL TV AND RADIO BROADCASTS.
At present public frustration runs high at the dismal record
of the Broadcasting Complaints Commission (BCCSA) to deal effectively
with complaints about sleaze and violence on TV and radio.
It would appear that BCCSA fails to base its verdicts on requirements
for programme content as contained in its own Code of Conduct.
Further, the legalistic, restrictive nature of their modus
operandi (e.g. all complaints must be in writing, all hearings
are held only in Gauteng) precludes a large segment of our
population from making their opinions heard.
· A public hearing should be set up by the Portfolio Committee,
Department of Communications, as a matter of urgency to facilitate
public debate on the programme content of the electronic media.
· The appointment by SABC of a suitably qualified person to advise
on programme content particularly for TV.
· The functions of the Film and Publications Board should be
expanded to deal with TV material as well as films and publications.
This system of having one parastatal body for both operates
in the Netherlands and works well.
·
The Film and Publication Board should be expanded to include
a "law enforcement" arm which could receive public
complaints and liase with and advise the Police.
In any event, there should be a USER-FRIENDLY route, similar
to the one outlined above, for the public to report contraventions
of the Film and Publications Act.
· The public should be educated and informed on the content and
dangers of pornography. This responsibility should not be shrugged
off simply because the Film and Publications Board has developed
a comprehensive classification scale.
Members of the Film and Publications Board could be trained
to undertake this educational function in communities. The
Department of Education could play an important part in this
and in raising awareness of the ever-increasing presence of
pornography.
· Universities and colleges should be encouraged to research
the extent and effects of pornography in the South African
(and African) context. This could be via student dissertations
and postgraduate theses.
If Governments feels that more immediate research is needed
to justify strong counter-measures, the Human Sciences Research
Council could be requested to embark on this with at least
a preliminary report being issued within six months. Indications
are that this is needed to evaluate the part played by pornography
cross-culturally, initially concentrating on those geographical
areas where child rape is prevalent.
· Government Departments should make good use of, and note the
recommended follow-up resolutions of, several relatively recent
conferences which have already addressed many facets of the
problems now under discussion. High-ranking representatives
of numerous Government Departments and the Judiciary have attended
and there have been addresses by Cabinet Ministers. Two conferences
which come particularly to mind are the National Consultative
Conference Against the Sexual Exploitation of Children (March
1999) and the Workshop on Combating Child Pornography organized
by the Film and Publication Board (May 2000) where, in both
cases, valuable input was provided by national and international
speakers of repute.
CONCLUSION
When proceeding with counter-measures we need to anticipate
the time-worn tactics of the pro-porn lobby. Paramount amongst
these is their argument that there is no PROOF that the use
of pornography causes sexual abuse.
The answer
is that – just as with the statement that
smoking causes lung cancer – there is no scientific proof.
This did not prevent our Parliament from instituting smoking
laws in the interests of protecting the young and the vulnerable.
The evidence which justified this step was based on the best
research available, and on good common sense, and enabled a
decision to be made on the grounds of the essential truth that
the correlation between smoking and lung cancer had been established
over a long period of time.
We believe that there is similarly a wealth of evidence to
show the correlation and the causal links between the use
of pornography and sexual crime.
Action must therefore not be paralysed by a lack of scientific
proof. Let us rise to the challenge of the 1998 words of Nelson
Mandela:
"Our success will and must be measured in the happiness
and welfare of our children, at once the most vulnerable citizens
in any society and the greatest of our treasures … There
can be no keener revelation of a society's soul than
the way in which it treats its children."
|