There is a new wrinkle in the recent (media-driven) controversy called "sexting". Loosely defined, sexting is the sending of sexual images from cell phone to cell phone. Often times these images are taken by or of willing participants as a fun or flirty way to get or keep attention from their friends. The great concern in sexting is the discovery that under aged teens participate in this "epidemic". There have been a few cases across the country in the last year where images of under aged teens have been discovered on phones. While some may say the fact that teens are participating in this is disturbing, it does not surprise me in the least. Teens have been pushing (if not breaking) the limits of "appropriate" (define for yourselves) displays of sexuality. To me, the real disturbing trend is that of local prosecutors charging a wide range of crimes against those taking, sending, and receiving these images. In many cases charges as high as Dissemination of child pornography have been threatened, which could result in major prison time and registration as a sex offender.
The new twist on this trend is that some victims/perpetrators are trying to fight back. In a case in Pennsylvania, some teens charged for their sexy self-portraits are suing the prosecutors for infringement of their Freedom of Expression. This will be an interesting case to watch, as freedoms established in the Bill of Rights are put on trial.
It is my opinion that the use of child pornography laws against these teens is ridiculous. CP laws were established as a deterrent to those who disseminated or viewed child pornography to reduce the industry as a whole, in hope to reduce child sexual abuse. While this is certainly a noble cause, the use of these laws against sexting does not deter child molestation, but instead serves as a self-righteous campaign against teen sexuality in general. I don't think sext-ers are wise for sending pics of themselves, but I certainly do not think they are criminals or sex offenders.
More related links:
Blog post on another Sexting case from NCAC
"What's the matter with teen sexting?"
4 comments:
This post got my attention because recently, in our school district, the staff received an email from the superintendant stating that sexting would not be allowed and that it should be considered inappropriate and students should be referred to the office if found doing it. It was basically a memo to cover her butt because there were some issues/incidents in the past year that put the disctrict in an unfavorable light regarding students and sexual situations. If the content is coerced, then it is illegal. Mostly, I agree that it's just flirty fun. I have teenaged sons and when I asked my 16 year old if he knew what it was, he said yes. When I asked him if he'd ever done it, he said no, of course. It's a different world out there and the digital natives run it! It seems like all some the adults see is porn and predators and the need to "protect" our poor little babies from the bad guys. There has to be a middle ground of trusting our kids and protecting them instead of these knee jerk reactions that throw it our of proportion.
Expanding and labeling more people as sexual offenders ends up being counter productive in my mind. If public urinaters and sexters are sexual offenders... Does that mean that when I urinate outside when I am backpacking that I am a sexual offender? Does it mean than the picture I took of my baby getting her first bath is child pornography? If yes, then there are many, many people that should be labeled as a sexual offender. In turn it makes the list of offenders a moot point and will totally fail at doing what it is supposed to do... help identify who has a history that identifies them as a potential threat to you and your children.
FYI, mb is schlablog
While I feel that it is inappropriate for teens to be sending these kinds of pictures to each other, labeling them as sex offenders aren't what they need! I feel as though this goes along with the whole issue of helping teens understand the dangers of information and technology. Similar to limiting their information on social networking sites teens need to understand the severity of sending information to others. Once it is out there, you can't get it back!
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