Child Physical/Sexual Abuse and Pornography

First, I wanted to say that the authorities generally take the distribution of child pornography very seriously – it can be investigated by the FBI and can be a federal crime.  Although this question is outside of our website’s information, I did do some research for you on the legal definition of child pornography.  Child pornography is defined under federal law (18 U.S.C. Chapter 110) as the visual depiction of minor children under the age of 18 engaging in sex acts such as sexual intercourse, masturbation or oral sex; the definition also covers photographs or depictions of children’s genitalia. When someone sexually abuses someone and then distributes the images, not only can s/he be guilty of the molestation but also of creating/distributing child pornography.

Here are ways that a victim can report child pornography if you decide that you do want to contact the FBI, (which deals with child pornography)
• Call or email local FBI office (local to the person reporting, does not have to be local to the website), found here: http://www.fbi.gov/contact/fo/fo.htm

• FBI’s Innocent Images National Initiative: http://www.fbi.gov/innocent.htm
call 1-800-843-5678
or Cyber Tip Line: https://secure.missingkids.com/missingkids/servlet/CybertipServlet?Langu…

• Kinds of crimes that can be reported: (need to refer to when reporting on Cyber Tip Line)
http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCount…

• Other: According to the FBI website, it might take 7-10 days for a response, FBI will see if there is enough information to open an investigation.

I wanted to also give you some information about possible options that some survivors of sexual abuse might be able to pursue. Survivors of child sexual abuse may be able to get justice from the court system in one of two ways: through criminal court and through civil court.

In a criminal case, a person asks the state to charge the abuser with a crime. If convicted of a crime, s/he could face a variety of punishments, including going to jail. There are some considerations involved in charging an abuser with a crime. First, there could be the issue of “statute of limitations” - which means that in most states, there is a limited amount of time that a person can be prosecuted for a crime. I do not know what the statute of limitations is in your state, but there might be some exceptions to it – for some crimes, there is no statute of limitations, such that an offender can be prosecuted forever. Also, if an abuser was out of the state for an extended period of time, for example, the statute of limitations may stop running (freeze). Some states also allow for delayed prosecution if the victim was a minor victim of abuse and does not reveal the abuse until s/he is an adult. You may want to contact the prosecutor’s office in your state to find out this information, or speak with the folks at the National Center for Victims of Crime(www.ncvc.org, 202-467-8700) to find out more information about statutes of limitations and how they might apply to your case.

For a criminal case to be brought to trial, a prosecutor has to agree to take a case. If you are planning to present your case to a prosecutor or police, you may want a lawyer or victim advocate to help you through this. Sometimes, prosecutors are reluctant to take cases from a long time ago, since they’re often harder to prove – but that’s not always the case.

A victim advocate may be able to help support you through the process of contacting the authorities about the abuse you experienced. The Rape, Abuse, and Incest National Network (RAINN) may help you find an advocate in your area, and provide you with other forms of support. Their contact information is as follows:

Rape, Abuse, and Incest National Network (RAINN)
635-B Pennsylvania Ave., SE
Washington, DC 20003
Phone: (202) 544-1034
Hotline: (800) 656-HOPE
Email: RAINNmailaol.com
Website: www.rainn.org

We also have links to local and state domestic violence and sexual assault agencies in STATE here: LINK. Advocates at these organizations might be able to provide support if you go to the police, or if you simply want to talk with someone about what you experienced.

Another possible way for a victim to approach this situation could be to file a civil lawsuit for damages. In a civil case, one person sues another for a private wrong. In a civil case, a person is asking the court to punish their abuser by ordering him/her to pay the victim compensation for committing a bad act against her/him. There is also a statute of limitations for civil cases, so depending on how long ago this happened, a victim may not be able to file a lawsuit against an abuser in some cases – I can’t speak to your specific situation though. You may want to contact the National Crime Victim Bar, which offers information and help in finding a lawyer to victims of crime seeking civil justice - www.victimbar.org or call your state’s legal referral service: LINK