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Defending child pornography and other sex cases involving minors

Feb 01, 2012 Defending child pornography and other sex cases involving minors

Recently, I posted as follows to a criminal defense lawyers listserv, joining a discussion about child pornography defense:

As to the psychological professional angle of preparing for defense of child pornography cases and all other cases that involve sexual interest by adults in minors, I have several times used the services of a forensic psychologist. Several times, he has found a link between abuse of my client when a child (sexual, physical, and/or psychological) or other stunting-of-mentality development that left my clients with the mentality of a child, but in an adult’s sexual body, then still identifying sexually with children, who were the age range of their own mentality. I do not minimize how disgusting such an interest is. Nevertheless, finding the cause of the interest is an important springboard for treatment and for a prognosis.

For treatment, you will find a substantial percentage of psychological counselors who will not touch such cases. The remaining ones apparently are overpopulated by those with a paternalistic — rather than empathetic  — approach, who will make it hard for clients to be willing to stay with the counselors, and will be tough to help with favorable progress reports. For child pornography cases, group therapy with an empathetic counselor often is the best route. 

These cases sometimes are winnable, particularly where the client does not speak with police, and when there are arguments to be made about whether the alleged child pornography images actually depict minors or images of real children. Here are some articles I have written on child pornography defense: http://katzjustice.com/underdog/archives/105-Defending-child-pornography-cases..html , http://katzjustice.com/more-on-child-pornography-defense/, http://katzjustice.com/court-recognizes-that-computer-experts-will-not-lug-their-equipment-to-government-offices/, http://katzjustice.com/reversal-of-child-pornography-conviction-in-florida/, http://katzjustice.com/sentencing-below-the-federal-sentencing-guidelines-in-child-pornography-cases/, http://katzjustice.com/blanket-court-bans-on-computer-use-often-are-substantively-unreasonable/, http://katzjustice.com/more-on-the-risks-of-viewing-child-pornography-online-without-trying-to-save-the-images/ , http://katzjustice.com/fourth-circuit-denies-en-banc-review-in-the-whorley-obscenity-case/, http://katzjustice.com/does-the-first-amendment-prohibit-convictions-for-juxtaposing-lawful-images-of-children-with-adult-sexual-images/, http://katzjustice.com/?p=1014 , http://katzjustice.com/when-clothed-shots-are-prosecuted-as-child-pornography/.

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