Teens, Sexting, and the LawPublished February 10th, 2009
A couple of weeks ago, in Greensburg, Pennsylvania, prosecutors charged six teenagers with creating, distributing, and possessing child pornography. The three girls, ages 14 and 15, took nude or seminude pictures of themselves and e-mailed them to friends, including three boys, ages 16 and 17, who are among the defendants. Police Captain George Seranko described the obscenity of the images: They “weren’t just breasts,” he declared. “They showed female anatomy!”
Greensburg’s crime-stoppers aren’t the only ones looking out for the cybersafety of America’s youth. In Alabama, Connecticut, Florida, New Jersey, New York, Michigan, Ohio, Pennsylvania, Texas, and Utah (at last count) minors have been arrested for “sexting,” or sending or posting soft-core photo or video self-portraits. Of 1,280 teens and young adults surveyed recently by the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five said they engaged in the practice — girls only slightly more than boys.
Seranko and other authorities argue that such pictures may find their way to the Internet and from there to pedophiles and other exploiters. “It’s very dangerous,” he opined.
How dangerous is it? Not very, suggests a major study released this month by Harvard’s Berkman Center for Internet Studies. “Enhancing Child Safety and Online Technologies,” the result of a yearlong investigation by a wide range of experts, concludes that “the risks minors face online are in most cases not significantly different from those they face offline, and as they get older, minors themselves contribute to some of the problems.” Almost all youth who end up having sex with adults they meet online seek such assignations themselves, fully aware that the partner is older. Similarly, minors who encounter pornography online go looking for it; they tend to be older teenage boys.
But sex and predatory adults are not the biggest dangers kids face as they travel the Net. Garden-variety kid-on-kid meanness, enhanced by technology, is. “Bullying and harassment, most often by peers, are the most frequent threats that minors face, both online and offline,” the report found.
Just as almost all physical and sexual abuse is perpetrated by someone a child knows intimately — the adult who eats dinner or goes to church with her — victims of cyber-bullying usually know their tormenters: other students who might sit beside them in homeroom or chemistry. Social-networking sites may be the places where kids are likely to hurt each other these days, but those sites, like the bullying, “reinforce pre-existing social relations,” according to the report.
Similarly, young people who get in sexual or social trouble online tend to be those who are already at risk offline — doing poorly in school, neglected or abused at home, and/or economically impoverished. According to the Centers for Disease Control and Prevention, a child from a family whose annual income is less than $15,000 is 22 times more likely to suffer sexual abuse than a child whose parents earn more than $30,000.
Other new research implies that online sexual communication, no matter how much there is, isn’t translating into corporeal sex, with either adults or peers. Contrary to popular media depiction of girls and boys going wilder and wilder, La Salle University sociologist and criminal-justice professor Kathleen A. Bogle has found that American teens are more conservative than their elders were at their age. Teen virginity is up and the number of sexual partners is down, she discovered. Only the rate of births to teenage girls has risen in the last few years—a result of declining contraceptive use. This may have something to do with abstinence-only education, which leaves kids reluctant or incompetent when it comes to birth control. Still, the rate of teen births compared to pregnancies always tracks the rate among adult women, and it’s doing that now, too.
Like the kids finding adult sex partners in chat rooms, those who fail to protect themselves from pregnancy or sexually transmitted diseases and have their babies young tend to be otherwise at risk emotionally or socially. In other words, kids who are having a rough time in life are having a rough time in virtual life as well. Sexual or emotional harm precedes risky or harmful on- and offline behavior, rather than the other way around.
Enter the law — and the injuries of otherwise harmless teenage sexual shenanigans begin. The effects of the ever-stricter sex-crimes laws, which punish ever-younger offenders, are tragic for juveniles. A child pornography conviction — which could come from sending a racy photo of yourself or receiving said photo from a girlfriend or boyfriend — carries far heavier penalties than most hands-on sexual offenses. Even if a juvenile sees no lock-up time, he or she will be forced to register as a sex offender for 10 years or more. The federal Adam Walsh Child Protection Act of 2007 requires that sex offenders as young as 14 register.
As documented in such reports as Human Rights Watch’s “No Easy Answers: Sex Offender Laws in the U.S.” and “Registering Harm: How Sex Offense Registries Fail Youth and Communities” from the Justice Policy Institute, conviction and punishment for a sex crime (a term that includes nonviolent offenses such as consensual teen sex, flashing, and patronizing a prostitute) effectively squashes a minor’s chances of getting a college scholarship, serving in the military, securing a good job, finding decent housing, and, in many cases, moving forward with hope or happiness.
The sexual dangers to youth, online or off, may be less than we think. Yet adults routinely conflate friendly sex play with hurtful online behavior. “Teaching Teenagers About Harassment,” recent piece in The New York Times, swings between descriptions of consensual photo-swapping and incessant, aggressive texting and Facebook or MySpace rumor-and insult-mongering as if these were similarly motivated — and equally harmful. It quotes the San Francisco-based Family Violence Prevention Fund, which calls sending nude photos “whether it is done under pressure or not” an element of “digital dating violence.”
Sober scientific data do nothing to calm such anxieties. Reams of comments flowed into The New York Times when it reported Dr. Bogle’s findings. “The way TV and MUSIC is promoting sex and explicit content daily and almost on every network,” read one typical post, from the aptly named MsKnowledge, “I would have to say this article is completely naive. The streets are talking and there [sic] saying teens and young adults are becoming far more involved in more adult and sexual activities than most ADULTS. Scientific data is a JOKE … pay attention to reality and the REAL world will tell you otherwise.”
A better-educated interlocutor, NPR’s “On the Media” host Brooke Gladstone, defaulted to the same assumption in an interview with one of the Harvard Internet task force members, Family Online Safety Institute CEO Stephen Balkam. What lessons could be drawn from the study’s findings? Gladstone asked. “What can be and what should be done to protect kids?”
“There’s no silver bullet that’s going to solve this issue,” Balkam replied. But “far more cooperation has got to happen between law enforcement, industry, the academic community, and we need to understand far better the psychological issues that are at play here.”
It’s unclear from this exchange what Gladstone believes kids need to be protected from or what issue Balkam is solving. But neither of them came to the logical conclusion of the Harvard study: that we should back off, moderate our fears, and stop thinking of youthful sexual expression as a criminal matter. Still, Balkam wants to call in the cops.
Maybe all that bullying is a mirror of the way adults treat young people minding their own sexual business. Maybe the “issue” is not sex but adults’ response to it: the harm we do trying to protect teenagers from themselves.
This piece ran on Feb. 2 in The American Prospect.