Endnotes - Schuijer & Rossen 1992 The Trade of ...
A booklet, titled Mini-Love was published in
1970, in which a girl of eleven and a boy of twelve
were depicted. Some of the photographs showed
sex play. Wim Hazeu, Wat niet mocht ...,
(Things not allowed ...) DC Harmonic, Amsterdam, 2nd
edition. 1982, page 97.
'Vrij Nederland' means "Free
Netherlands." The paper was started as an
anti-Nazi underground publication during the German
occupation, and has traditionally been a progressive
left leaning weekly since the war.
The firm, Deltaboek in Ridderkerk,
distributor of homosexual pornography, offered photo
books with "boys from 12 to 16" and
"hairless models" through the classified
section of Vrij Nederland. In the early
1970s Vrij Nederland used a broader norm for
their advertisements than any other paper, and partly
for that reason managed to fill a full page each week
with sex-related advertisements (mostly contact-ads).
F. Van Klaveren, "Amsterdamse politie
confisceert in anderhalve week stapels kinderporno,"
(Amsterdam police confiscate piles of child
pornography in one and a half weeks.) NRC
Handelsblad, 21 July 1984.
Tweede Kamer (literally: "Second
Chamber") is the legislature of the Netherlands,
hereafter the Lower House. Eerste Kamer
(First Chamber) is the house of review, usually
translated as "The Senate."
During the discussion over the American Senate
allegations concerning the Netherlands, the member of
parliament Mrs. Evenhuis-van Essen
(Christian-Democrat) asked the Minister of Justice,
"When has the eight cubic meters of child
pornography which was taken into custody by the police
been investigated?" The Minister replied
that, at that moment, he was not able to answer.
Proceedings of the Lower House, 4 December 1984,
session 1984-5, page 2057.
Ten video tapes, sixty films, fifty photographs and
several hundred magazines were seized from eight
shops. Later, on the 17th of July, another eight
shops were entered and the seizures were of the same
order. The retail value of the material,
translated from guilders to U.S. Dollars at the
exchange rate of mid 1984, was about $6,000 to $9,000.
Vrij Nederland, partly because of its
association with alternative ideological groups during
the 1960s, was one of the first papers to advocate
positive discrimination in favor of women. It
has acquired a staff and editorial board in which
women are strongly represented. The general
swing away from emancipation towards a radical
feminist inspired anti-heterosexual and anti-male
ideology, which has marked the thinking of the 1980s
in some circles, has given rise to a movement to the
other extreme. Vrij Nederland is today
anything but libertarian in matters sexual, homosexual
activity between adults excluded. Almost every
week some aspect of "sexual harassment" and
"sexual danger" and "male sexual
violence" is highlighted in Vrij Nederland
editorials and cover stories.
Lox Runderkamp and Jos Slats, "De plotselinge
jacht van de Amsterdamse zedenpolitie op kinderporno."
(The sudden hunt by the Amsterdam morality police for
child pornography.) Vrij Nederland, 28 July
1984. The skepticism shown in this article is
untypical for Vrij Nederland, and tells more
about the critical thinking of the authors than of
David Hebditch & Nick Anning, Porn Gold;
Inside the Pornography Business, Faber and Faber
Ltd., London, 1988, page 324.
The affair is exhaustively described by Benjamin
Rossen, Zedenangst: Het verhaal van Oude Pekela
(Moral Panic: The story of Oude Pekela), Swets &
Zeitlinger, Amsterdam, (1989). An English
manuscript is available from the author on request
($35, including postage). A summary of the
principle arguments can be found in Robert D. Hicks, In
Pursuit of Satan: The Police and the Occult (),
Books, Buffalo, New York (1991), pages
Belief in an international conspiracy of Satan
worshipers remained restricted to a married couple,
both general practitioners, Dr. Jonker and his wife
Dr. Jonker Bakker. These two individuals played
a central role in initiating the hysteria in Oude
Pekela, and in exporting the panic to the rest of the
Netherlands. The stories of supernatural
dangers, however, did not strike chords of sympathy or
credulity in most of the Netherlands, though a rumor
panic about alleged international child pornography
gangs is still echoing through the nation.
See among others: Corrie Verkerk and Frans Peeters,
"Kinderporno in Nederland: Minister en Kamer
slapen" (Child pornography in the Netherlands:
Minister and Parliament are asleep.), Het Parool,
9 June 1987; editorial comment in De
Telegraaf, 10 June 1987; Cor van der Poel,
"Clowns verdwenen zomaar in het niets"
(Clowns disappear into thin air), Leeuwarder
Courant, 11 June 1987.
These claims were made during the hearings of the
American Senate Commission investigating child
pornography and pedophilia, under the chairmanship of
William V. Roth. See: Hearings before the
Permanent Subcommittee on Investigations of the
Committee on Governmental Affairs, United States
Senate, November 29 and 30, 1984, 5. Hrg. 98-1277
(hereafter the Report of the Senate Hearing
1984). The five billion was mentioned in the
written submission of Kenneth Herrmann, chairman of DCI-USA,
which was also handed on to the press. The sum
has, since then, been repeatedly cited, not only in
new DCI material (DCI/Central Union for Child
Welfare in Finland, Child Prostitution, Trafficking
and Pornography, 1986, page 17) but also in other
places such as in Alf G. Andersen, International
Report on Child Pornography, Child Prostitution and
Child Trade, commissioned by the Norwegian
Ministry of Justice in 1987, page 63.
E. Wiendels, "Prof. J.E. Doek twijfelt aan
daadwerkelijke aanpak. Kinderseks en -porno zijn 'big
business'," (Professor Doek doubts the reality of
[law enforcement] measures. Child sex and child porno
are 'big business'), Het Binnenhof, 23 June
Child Pornography and Pedophilia, Report made by
the Permanent Subcommittee on Investigations of the
Committee on Governmental Affairs, United States
Senate, 99th Congress, 2nd Session, Report 99537,
October 9, 1986, (hereafter referred to as the Roth
Report), page 34.
See, among others: Sexual Exploitation of Children
- A Problem of Unknown Magnitude, Report by the U.S.
General Accounting Office to the Chairman of the
Subcommittee on Select Education, House Committee on
Education and Labor, HRD-82-64, April 20, 1982.
Robin Lloyd, For Money or Love, Boy Prostitution in
Vanguard Press, New York, (1976). A United
Kingdom edition of this book also appeared under the
tide: PIayland: A study of Boy Prostitution, Blond
& Briggs, London (1976).
Ibid., page 226.
The Readers' Guide to Periodical Literature.
The count is made from the articles registered under
child pornography and child sexual abuse, categories
which were introduced in 1974.
Sexual Exploitation of Children, Hearings before
the Subcommittee on Crime of the Committee on the
Judiciary, House of Representatives, 95th Congress,
1st Session, May 23, 25, June 10 and September 20,
1977. Serial No. 12 page 194 (Hereafter referred to as
Hearings 1977, page 40.
Ibid., page 46.
Ibid., page 46.
Sexual Exploitation of children, A Report to the
Illinois General Assembly, Illinois Legislative
Investigating Commission, August 1980 (hereafter
referred to as the ILIC report), page 224.
Ibid., pages 60-61. The number of 50-100,000
readers of child pornography readers was quoted by the
ILIC from unspecified media accounts.
Ibid., pages 224-225. This concerned
Densen-Gerber's story to the Sun-Times which
was published on the 6th February 1977, about a girl
who was alleged to have worked as a prostitute from
her 11th to her 17th year before having been rescued
Ibid., pages 8-9.
Hearings 1977, page 57.
ILIC report, page 8.
Sting operations, which are standard practice in
the U.S.A., are uncommon in the Netherlands.
These are operations in which undercover agents
attempt to bring suspects to justice by setting up the
conditions necessary for them to commit the kinds of
crimes for which they are suspected, and then
arresting them. In this case, they presented
themselves as persons interested in child pornography
to encourage the target individuals to show their own
ILIC report, page 30.
Roth Report, page 34.
Final report of the Attorney-General's
Commission on Pornography (summary edition), 1986,
page 132. (hereafter the Meese Report.)
These words became a widely cited catch phrase in
the popular and professional media throughout the
remainder of the 1980s. In Europe people talked
about "international" pornography
operations, which had the power to conjure more
New York vs. Ferber, 458 US, 747, Opinion
of the Court ( Justice White), page 749, footnote
"Child porno lawyer angers justices," San
Francisco Examiner, 28 April, 1982.
Commission on Human Rights on the United Nations,
Exploitation of Child Labor, rep. Mr. Bouhdiba, 8 July
1981, E/ CN4/sub 2/479.
If we assume that 15,000 slides and 4,000 films had
been intercepted, and this indeed was only 5% of the
total stock, then the total stock would have comprised
300,000 slides and 80,000 films. If we
furthermore assume that the total stock was produced
and sold in 1977, and the slides and films together
comprised half of the total turnover, each being a
quarter, the remainder taking the form of magazines,
booklets and single photographs, which is a reasonable
approximation. The 80,000 films would then have
had a value of about one quarter of $500 million =
$125 million, which yields an average of $1,562.50 per
film. If we, realistically, assume that the
stock was not exclusively produced and sold in 1977,
then the unit retail price of the films would be even
higher. These simple calculations show that the
estimate of the U.N. was out by several orders of
for Children International, Central
Union for Child Welfare in Finland, Child
Prostitution, Trafficking and Pornography,
International Report, 1986, page 6.
Alf G. Andersen, International Report on Child
Pornography, Child Prostitution and Child Trade, Report
prepared on the authority of the Norwegian Department
of Justice, submitted on May 15th, 1987, page 16.
Council of Europe, Parliamentary Assembly, Report
on the traffic in children and other forms of child
exploitation, Doc. 5777, 10 September 1987, page
Child Abuse and Neglect is published in the
Jose Bernaerts, "Kinderen te koop; de booming
business van het kind als handelswaar," (Children
for sale; the booming business of children as trading
stock.) Onze Wereld, July 1988, page 25.
See, for example: D. Schrieberg, "Baby-parts
story won't die," San Francisco Examiner,
1990 (exact date unknown). In this article
evidence is given that no single case has been
proven. Furthermore, an illegal trade in organs
at any significant scale would be impossible;
Transplantations require sophisticated technology and
very expensive equipment; organs cannot be kept for
longer than a few hours outside the body and cannot be
stocked, all of which makes an illegal operation on a
small scale impossible. A large scale illegal
operation would sooner or later become traceable,
especially as all legal transplantations and available
organs are traceable via a computer network and are
Amendments proposed by the members G.C. van Dam and
Evenhuis-van Essen and from Groenman (The Lower House,
session 1984-5, 15836, numbers 18 and 19). The
amendments were withdrawn because, according to the
Minister of Justice, trade in pornography that was
manufactured as a result of committing a crime, could
already be prosecuted under the Dutch legal concept of
"heling": receiving and/or trading in
stolen goods. (Letter, The Lower House, session
1984-85, 15836, number 29). Nevertheless,
shortly thereafter, new laws were again proposed for
the protection of models for pornography and
prostitutes against force and misuse of power. (The
Lower House, session 1985-1986, 18202, note of
amendment, number 6).
T.M. Schalken, "Pornografiediscussie gaat over
grenzen van staatsmacht" (Pornography debate is
about the limits of state power), NRC
Handelsblad, 27 October 1988.
New York versus Ferber (458 U.S. 747), US
Supreme Court, October Term 1981, Opinion of the Court
(Justice White), page 764.
The liberal values, which extended to sexual
matters, were part of the excitement and optimism of
the Enlightenment, and was continued throughout the
Romantic era in educated circles. Man was seen
not only as the measurer but also the maker of his
world, who could make for himself a world in which he
would be free. These attitudes did not start to
change appreciably until the end of the 19th Century,
with the approach of Victorianism. See, for
example, Norman Hampson, The Enlightenment: An
evaluation of its assumptions, attitudes and values (),
London (1968), pages 132-41.
The Dutch law of 1886 mentions only "vliegende
blaadjes," a literal translation from the
French "feuilles volantes," which in
English would be "loose leaflets."
This reflected the limited scope of the law, which did
not prohibit books, even if these "offended
decency." However, offensive books were
brought under the law in 1911.
The terms "offending decency" and
"offensive" are translations from the Dutch
"aaastotelijk voor de eerbaarheid," which is
the equivalent of "obscene" in U.S.
legislation. When discussing Dutch law we shall
stick to the Dutch terminology.
This era is generally referred to as
"Victorian" in the English speaking world,
after the contemporary British monarch, however, the
changed attitudes reflected international trends,
having complex causes in many countries. The
Netherlands was not exempt. During this period
pressure to bring the benefits of middle class living
to the urban working class increased. Notions of
"good health" and "cleanliness"
became confounded with ideas of "propriety"
and "moral righteousness." The idea of
"bourgeois," which was originally associated
with an educated privileged class and a milieu where
exciting new ideas and liberal attitudes were current,
started to take on the current meaning: middle class,
conservative, and perhaps also boring.
Wet tot bestrijding van zedeloosheid, Staatsblad
(State Bulletin) 1911, 103.
Hoge Raad (Supreme Court), 21 March 1927,
number 30841; NJ 1927, page 464.
Chick-arrest, Hoge Raad (Supreme Court) 17
November 1970, NJ 1971, 373. In Dutch
jurisprudence an "arrest" is a
verdict by an appeals court or the Supreme Court.
T.J. Noyon, G.E. Langemeijer and J. Remmelink, Het
Wetboek van Strafrecht (The Penal Code), seventh
revised edition, Arnhem, 1972, supplement 54 (August
1986), page 690a-690b.
Deep-Throat arrest, Hoge Raad (Supreme
Court) 28 November 1978, NJ 1979, 93.
Hoge Raad (Supreme Court), 30 October 1984,
NJ 1985, 293. This was, obviously, before the
new prohibition of child pornography took effect (21
May 1986). Under this new prohibition, the
mailing of child pornography on order is a crime.
The 1973 report is included as an appendix in the
draft proposal for a revised pornography law in
November 1979, The Lower House, session 1979-80,
15836, number 4.
See the request of the Minister of Justice to the Emancipatieraad
(Emancipation Council) for advice, 22 November 1981,
with respect to the proposed changes of the
pornography determinations in the criminal law and the
answer of the Emancipation Council of 2 February 1982,
The Lower House, session 1983-84, 15836, number 10.
It is not possible in the Netherlands for the
judiciary to strike down a law on the grounds of
conflict with the constitution, so as not to undermine
the primacy of the legislator. On the other
hand, laws can be rendered ineffective by a Supreme
Court decision if they are found to be in conflict
with an international treaty ratified by the
Miller vs California, 413 U.S. 15.
As confirmed by Justice O'Connor (New York vs.
Ferber, 458 U.S., 747, Opinion of the Court, page
774-775. According to Mrs. O'Connor "a 12
year-old child photographed while masturbating surely
suffers the same psychological harm whether the
community labels the photograph 'edifying' or
J. Soetenhorst-de Savornin Lohman en U. Jansz, Seksueel
geweld zal de wetgever een zorg zijn, (Sexual
violence will be the law makers' problem), Gouda Quint
BV, Annhem, 1986, pages 61-62.
Hebditch & Anning (1988), page 317.
Wim Hazeu, Wat niet mocht, (Things not
allowed) De Harmonie, Amsterdam, 2nd edition, (1982),
The Justice Department argued that showing films
such as Deep Throat in a theatre with more than fifty
seats should be counted as a public display. The
judiciary did not accept this criterion.
Among the social developments at this time was the
emergence of a vocal pedophile emancipation movement
in the Netherlands. While similar groups in
England (PIE), Australia (PSG) and the U.S.A. (NAMBLA)
received very hostile press and police harassment, the
Dutch movement succeeded in achieving limited success
in mobilizing some individuals, but not in changing
public attitudes. This may have been partly due
to the tolerant attitude of the police and Justice
Department authorities who believed that
marginalization of a sexual minority may encourage
rather than control criminal activity. The Dutch
media was also receptive to progressive ideas about
relationships. The 1980s saw a complete about
face in the media and in public opinion as a result of
the advent of an outspoken movement against sexual
child abuse, the Amsterdam child pornography raids,
the outbreak of hysteria in Oude Pekela, and receding
liberal values world wide.
"Pubersex in films doet weer taboe in
bioscopen sneuvelen" (Pubertal sex breaks another
taboo in film theatres), Utrechts
Nieuwsblad, 14 July 1977.
The Dutch terms are "ontucht" and "verleiding
tot ontucht." These terms, which,
literally mean "undisciplined behavior"
refer to sexual activity deemed socially
unacceptable. Since the terms are equally
old-fashioned as is "fornication" in
English, it is likely that they will be replaced by
more modern terminology at a future revision of the
Dutch morality laws.
Wim Hazeu (1982), pages 94, 97 and 122. See
also: "Vrijspraak in zaak Mini-Love,"
(Acquittal in Mini-Love case), NRC
Handelsblad, 22 December 1972.
The words "booklet" and
"magazine" are used interchangeably.
The typical format of pornography publications is
something half-way between.
Roth report, page 38.
Panorama, number 38, 19 October 1975, pages
Sweden heeft buik vol van porno," (Sweden is
fed up with porno.), Het
Parool, 3 December 1976.
For more detailed information about the
criminalisation of child pornography production and
distribution in Denmark and Sweden see; Soetenhorst-de
Savornin Lohman and Jansz (1986), chapter IV, sections
3 and 4.
See Berl Kutchinsky, Studies on Pornography and
Sex Crimes in Denmark: A Report to the U.S.
Presidential Commission on Obscenity and Pornography,
Copenhagen, New Social Science Monographs, 1970.
See also; "Pornography and its Effects in Denmark
and the United States: A Rejoinder and Beyond," Comparative
Social Research, JAI Press Inc., 1985, in which
the author summarizes his research in this area and
responds to the criticisms of others such as John H.
Court and Ernest D. Giglio.
Second interim report of the advisory commission
for morality law reform, appendix to the proposal for
reform of article 240 of the criminal law, The Lower
House, session 1979-80, 15836, number 4.
"... ongewenst confrontatie met
aanstotelijk materiaal." This does not
mean that confrontation is necessarily undesirable,
but that confrontation by people who did not wish to
see pornography should be prevented. The
proposal should be seen as one made with the view to
increasing private freedoms, while protecting the
public from the consequences thereof.
"Biljf -van-m' n-Lijf."
Tessel Pollmann, "'Wij zijn nu op straat niet
meer dm een lijf met een gat'; over agressie en de
grenzen van de vrije menningsuiting," (On the
street we are nothing more than a body with a hole;
about aggression and the limits of free speech.), Vrij
Nederland, 26 January 1980.
Hein Roethof, "Betutteling in een nieuw jasje,"
(Prudery in a new dress) De
Volkskrant, Open Forum, 10 November 1981.
In the Dutch electoral system, votes are given to
parties, not individuals. Candidates are placed
on a list by the party. If a party expects 20
seats then candidates with a position on the list
below 20 are not expected to get a seat in the
parliament. Mr. Roethof was dropped by his party
to a position where he was not expected to receive a
seat. However, he later rejoined parliament when
the person above him on the list in his electoral
district left the Lower House to assume another
Yvonne Quispel, "Porno nu niet uit de strafwet
halen" (Don't remove pornography from criminal
law yet.), KRI, February 1980.
Reply from the Emancipation Council of 2 February
1982, The Lower House, session 1983-84,15836, number
W. Wellen, "Kruis of Munt, een onderzoek naar
aanbod en inhoud van harde porno" (Head or tails,
an investigation of the supply and content of hard
pornography), in: Brochure pornografie, themadag
Pornografie: Geweld of Bevrijding?, (Brochure on
pornography: Violence or Liberation?), Nijmegen,
10 November 1981.
Amendment from the member Groenman and from the
members Van Dam and Evenhuis-van Essen, The Lower
House, 1984-85, 15836, numbers 13 and 18.
"Heling" is a Dutch legal concept
close to the English notion of "receiving stolen
goods," however, it has a broader meaning which
includes the concept of distribution and sale of goods
produced by criminal means.
Letter from the Minister of Justice to the chairman
of the Lower House; The Lower House, 1984-85, 15836,
Nederlandse Vereniging voor Seksuele Hervorming
(Dutch Association for Sexual Reform).
COC is the main Dutch homosexual
Letter from the NVSH and the COC to
the Lower House, 18 September 1984. These
organizations are sufficiently influential that the
Lower House is likely to take their suggestions
Proposal for amendment of the criminal law with a
number of specifications to combat discrimination on
the ground of race, sex and sexual orientation.
The Lower House, 1987-88, 20239, numbers 1, 2 en 3.
"Met gevangenisstraf van ten hoogste drie
maanden of geldboete van de derde categorie wordt
gesraft degene die een afbeelding - of een
informatiedrager bevattende een afbeelding - van een
seksuele gedraging, waarbij iemand die kennelijk de
leeftijd van zestien jaar nog niet heeft bereikt, is
betrokken, hetzij verspreidt of openlijk tentoonstelt,
hetzij om verspreid of openlijk tentoongesteld te
worden vervaardigt, invoert, doorvoert, uitvoert of in
The Dutch term is "seksuele gedraging,"
which could also be translated by "sexual
behavior" or "sexual conduct." We
choose the word "demeanor" since, in our
view, this comes closest to the connotation as it has
since developed in the jurisprudence. However,
the exact delineation of the term remains
controversial, especially since the judiciary seems to
interpret the term in a broader way than the
legislator intended, with the result that pictures on
which children are merely posing in the nude have been
prosecuted, sometimes leading to convictions.
Raad van State, an advisory body of the
Proceedings of the Lower House, 17, 18 and 25
October, 1984-1985, pages 565 and further.
Proceedings of the Lower House, 18 October 1984,
session 1984-85, page 715.
Memorie van Antwoord, (Memorandum Or reply)
dated 17th May 1985; appendix to the proposal for
amendment of article 240 of the Penal Code and of a
number of other determinations, The Senate, 1984-85,
15836, number 61b, page 6.
The more general question of what a child is, is
not dealt with here since it raises difficult issues
about the social construction of roles, which are
beyond the purpose of this paper. For an elegant
and sophisticated treatment of this question see John
Boswell, The Kindness of Strangers: The Abandonment
of Children in Western Antiquity from Late Antiquity
to the Renaissance (),
Books, London (1988), pages 26-39.
Child Protection act of 1984, legislative
history, P.L. 98-292, House Report number 98-536,
B. Kutchinsky (1985), page 308-9.
Should this criterion have been applied in Europe,
the majority of all works of art produced from the
Renaissance to the present would become illegal.
Memorandum of reply, appendix to the proposal for
the amendment or article 240 of the criminal law and a
number of other determinations, The Senate, 1984-85,
15836, number 61b, page 5.
Brief Amicus Curiae of the Law and Humanities
Institute in Support of Respondent, On Writ of
Certiorari to the Supreme Judicial Court of the
Commonwealth of Massachusetts, Commonwealth of
Massachusetts versus Douglas Oaks, Supreme Court of
the United States, October Term, 1987, No. 87-1651,
Lawrence A. Stanley, "The Child Porn
Arts & Entertainment Law Journal, 1989,
Volume 7(2), page 345-349.
636 F. Supp. 828 (S.D. Cal. 1986)
812 F.2d 1239, 1244 (9th Cir. 1987)
Hoge Raad, (Supreme Court), court number
2370 Besch., 6 March 1990; included in Nederlandse
Jurisprudentie, 1990, no. 667.
The deposition on the appeal against the judgment
of the High Court in Amsterdam of 7th October 1988 in
the case against Donald Harold Mader, 6th March 1990,
number 2370, and the conclusions of the solicitor
general, J.C.M. Leijten in this case, 6th September
Juristenblad, 1990, 667.
Also known as the de Wit work group, after the
chairman of the working party, Mr. L. De Wit.
According to Minister Korthals Altes, Proceedings
of the Lower House, session 1984-85, page 1446.
Proceedings of the Lower House, 18th October 1984,
1984~5, page 1446.
Roth Report, page 43.
Roth Report, page 43.
Hebditch & Arming (1988), pages 263 and 331.
See also B. Kutchinsky (1985), page 304-306.
This estimate was made on the basis of claims of
the retail traders, cited and not rejected by the de
Wit work group. Eindrapport van de werkgroep
kinderpornografie (Final report of the work group
on child pornography), Ministry of Justice, The Hague,
(1986), page 12. Hereafter referred to as the De
Report of the Senate Hearing, 1984, evidence of
William van Raab, Commissioner of Customs, page 6.
De Wit report, page 12.
Dr. Ernst Braches, now retired, was chief librarian
at the University of
We decided to call the material "boy
magazines" and "girl magazines" since
these descriptions indicate content, though
"homosexual" and "heterosexual"
was considered. "Homosexual" may have
been misleading, since most of the boy material did
not imply that the models were homosexual, nor were
the boys engaged in homosexual activity except in a
small minority of the photographs. We do not
presume to know what the sexual identities of
individuals who might consume the pornography may
be. The latter division may make assumptions
about the persons using the pornography which we felt
was not justified.
The primary circulation is the number of copies of
each edition printed by the publisher, and secondary
circulation includes the number of people who make use
of the material, including pirate copies made for
further distribution. Secondary circulation is,
of course, impossible to assess.
F.G. de Ruijter, "Seksbaron L Wilhelmus:
Amerika grootste producent kinderporno," (Sex
baron J. Wilhelmus: America is the greatest producer
of child pornography.) NRC
Handelsblad, 15 December 1984.
Hebditch & Anning (1988), pages 317-318.
Braches found that girl pornography was in general
25% cheaper than boy material.
The lower price suggests that the fixed cost per
magazine was lower. This remained so despite the
fact that the form was usually more luxurious (more
often full color printing and glossy production),
which is further evidence that the issues were
Interview with the publisher conducted by J.S.
It is unlikely that his intended content analysis
will ever be completed, because present prohibitions
on the possession of child pornography preempt the
collection and possession of such pornography even for
L.A. Stanley (1989), footnote 61.
The Roth Report estimated the price per magazine at
$6 to $15 each, with some examples selling for
$20. Lolita, was for sale in the Netherlands
throughout the 1970s for 5 guilders per issue (less
De Wit report. page 12.
L.A. Stanley (1989), footnote 156.
New York is the principal entry point for mail from
Europe to the U.S.A.
Roth Report, pages 33-34.
De Wit Report, page 13.
Report of the Senate Hearing 1984, page 5.
Roth Report, pages 5 and 6.
L.A. Stanley (1989), pages 335-345.
B. Kutchinsky (1985), page 308.
The suggestion comes from Mr. L. Pietersen, Centrale
Recherche Informatiedienst (The Central Police
Investigations Information Service) in an interview
with J.S. on 15 February 1991.
"Technical sepot" means that the case was
closed before going to the court for technical
reasons, usually because the evidence is
insufficient. "Policy sepot" means
that sufficient evidence was available but because
prosecution was judged not to be in the public
interest the case was not brought to court.
The Central Bureau for Statistics gives only
aggregate figures for the three pornography articles
of the Criminal Law. Nevertheless, it is
reasonable to assume that these statistics apply
mainly to child pornography cases (article
240b). The general pornography article 240 is
still based on the criterion "offensive to
decency," which has been hollowed out by
precedent, rendering the law more or less
useless. Article 240a criminalizes the display
of objects to children below 16 years if "the
display is thought to be damaging to persons below
sixteen," a formula which is also unlikely to be
enforceable in the Netherlands. See, for
example, J. De Hullu and L.L. van der Neut, Zedelijkheidswetgeving
in de branding, (The morality laws in turmoil) Ars
Aequi Libri, Nijmegen, 1985, chapter four.
The Dutch Central Bureau of Statistics, which
supplied the data in this table, did not elaborate on
the meaning of the "other" category.
Most likely these cases are voegingen ad
informandum, implying that the accused was not
separately indicted for child pornography
dissemination, but that the accusation of having
violated the child pornography law was added for
information of the Court to another indictment
(probably for sexual contact with a minor). In
this case, the Court cannot convict the defendant for
child pornography, since an indictment is lacking,
but, if the defendant is convicted for the crime for
which he was indicted, the Court can take the
information in account in determining the penalty.
The booklets contain "Baltimore, U.S.A."
as the place of manufacture. However, that is
not correct. The magazines were produced in the
Netherlands and initially printed in the Netherlands,
although later editions were printed in Germany
because of increased police activity in the
As confirmed by Mr. L. Pietersen, Centrale
Recherche Informatiedienst (Central Police
Investigations Informations Service); interview on 15
"Vier Britten gearresteerd voor het maken
kinderporno," (Four Englishmen arrested for
making child pornography), NRC
Handelsblad, 12 July 1989.
Mr. L Pietersen, Centrale Recherche
Informatiedienst (Central Police Investigations
Information Service, 15 February 1991.
"Boete handel in kinderporno," (Fine for
trading in child pornography), Nieuwsblad van het
Noorden, 27 February 1991.
H. Beunders and M. Haenen, "Centerparcs decor
voor filmopnamen kinderporno," (Family holiday
centre was decor for filming child pornography), NRC
Handelsblad, 1 October 1988. The editors of NRC
Handelsblad later published a rectification since
the headline may have given the incorrect impression
that the management of "Centerparcs"
(a chain of holiday resorts) had been involved.
De Wit report, page 5 and further.
The claims made by anti-porno crusaders that child
pornography yielded enormous profits, and that
commercial pornographers were fabulously wealthy,
would imply that at least some of these alleged
resources should have trickled down the production
ladder and resulted in high quality material. In
fact, almost all child pornography is low budget
material. Indeed, most of the material is
offensive to good taste in greater proportion than
offensive to moral sensibilities.
Roth Report, page 39.
See Lolita, number 18 (1975).
Roth Report, page 40 and further.
These are the photographs published in the issues 1
to 9, inclusive.
In keeping with the Dutch tradition, the full name
of accused persons, even after they have been found
guilty, will not be used here. However, Joop
Wilhelmus is named in full, since he has published his
full name in Lolita magazines and other
The names of the three friends of Fred V. have been
altered, as have the names of the boys.
Kenneth Lanning, Child Molesters: A Behavioral
Centre for Missing and Exploited Children,
Washington D.C. (1987). This study, of limited
scientific value, is a one-dimensional law enforcement
perspective which tends to color everything towards
the criminal. For a more thorough criticism see:
Benjamin Rossen and Jan Schuijer, Het Seksuele
Gevaar voor Kinderen: mythen en feiten, Swets
& Zeitlinger, Lisse (1992), pages 58-74; and
Robert Hicks, In Pursuit of Satan: The Police and
the Occult (),
Buffalo, New York (1991), pages 215-217.
Benjamin Rossen, (1989); Robert Hicks, (1991); also
see Joel Best, Threatened Children: Rhetoric and
Concern about Child Victims (),
University Press, Chicago (1990); James
Richardson, Joel Best and David Bromley, The
Satanism Scare ()(),
De Gruyter, New York (1991).
Kenneth Hermann, (1984), page 8.
In a criminal case against V. during the 1970s
these facts impressed the court sufficiently so that
the sentence was reduced. This information is
based on a letter from Fred V.'s defense barrister,
Dr. E. Brongersma to J.S., dated 16 February 1991.
This is confirmed from the interviews with some of
the boys. See Appendices IV
The boys did not feel at all abused by their adult
friend, Ferdinand. Although the sexual contact
between them is long ago over, they still visit him
regularly, even bringing their girl friends for
regular weekend visits.
Some photographs only depicted the lower body, and
sometimes only the genitals.
It was often not clear if the photograph depicted
the same child at an older age, or an older
sibling. In other cases the photography was so
poor that recognition was difficult. When in
doubt we have added to the count so that double
counting is likely to have occurred in at least some
of these cases.
Some of the magazines were comprised entirely of
frames from the films, and other magazines pirated
L.A. Stanley (1989), page 308.
Hoge Raad (Supreme Court), 30 October 1984,
number 77785U, Nederlandse Jurisprudentie,
1985, 293: Conclusion of the solicitor general, Mr.
Leijten, page 1056 (Leijten was citing the Officer of
Justice at a lower court).
H. Beunders and M. Haenen, NRC
Handelsblad, 1 October 1988. We do not
know why these officers reported so much difficulty;
however, it is likely that persons who are not
comfortable with their own sexuality would find the
work very disturbing especially since some of the
material is likely to have been sexually arousing.
This seems to have two causes, at the soft end
there were very few portrait and non-naked photographs
of girls, while non-pornographic photographs,
including pictures of fully clothed boys, were common
in the boys' magazines. Secondly, Joop Wilhelmus
may have influenced the hard end of the spectrum,
since the Lolita magazines contained a
disproportionate share of the bizarre material.
To obtain unbiased judgments, the faces should have
been re-photographed so that nothing of the body and
as little as possible of the background showed.
They should be re-printed to a standard format,
mounted on a neutral background and submitted to a
panel of unbiased scorers, against a double
blind. If predetermined criteria are not used,
then the subjective judgment of the scorers on a
finite scale, say five points from very negative to
very positive, by a number of independent judges for
each photograph, would have given an acceptable
objective measure. However, carrying out this
procedure went beyond our possibilities.
is the closest thing to the British boulevard press to
be found in the Netherlands. Scandals, which
appeal to the lowest common denominator, have given it
the largest circulation of any single paper in the
"Zedenpolitie." "Zeden" means
something like "morals" but is wider, and
includes issues as cruelty to animals, alcohol abuse
and dangerous child labor. In recent years it
has come to be associated almost exclusively with
Rob Knijff, "Porno-luchtbrug eerste bewijs rol
Nederlanders," (Pornography Airlift prime
evidence for role of Dutchmen), De
Telegraaf, 17 September 1988. This was a
feature article printed inside the paper. De
Telegraaf had opened with the front page leader
article carrying the headline "Kinderen voor
porno uit Engeland gehaald," (Children for
pornography taken from England).
Interview with Mr. W.J. van Bennekom, barrister of
Fred V., 30 November 1988.
The police methods were unnecessarily rough.
Ferdinand, who had been expecting a visit from the
police after reading the paper headlines, remained at
home to be available. The police arrived on
Monday evening and, although they could see the light
on and hear a television on, did not ring the bell but
smashed the door open with an axe. The broken
door frame was seen by one of us (B.R.).
Thereafter the behavior of the police was not always
correct. Later Ferdinand offered to cooperate
fully and tell them everything about his relationships
with the three boys. Interview with Ferdinand, 4
It is our impression, although we have not been
able to prove this with an epidemiologically valid
study, that girl pornography is more frequently the
result of exploitation for the purpose of making
pornography, while with boys it is more often
incidental to a relationship. This is suggested
by the significantly higher hardness scores of the
girl pornography analyzed by us. Also, the
findings of Sandfort, that young adult males who have
had sexual experiences in their childhood, for the
most part, look back with positive feelings while the
majority of girls do not, may suggest something about
the way girls are seen and used as sexual objects in
ways that boys are not. See: Theo Sandfort Het
belang van de ervaring, (The significance of the
experience), thesis for the degree of doctor (PhD), Rijksuniversiteit
Gemeentepolitie Utrecht (City Police Utrecht), Proces-verbaal
van onderzoek, put together by the
brigadier-detectives of the City Police of Utrecht,
J.S. and P.A.C.H. under the order of the commissioner
of the court of the Arrondissement of Utrecht, Mr.
L.M.B., page 6.
Henri Beunders and Marcel Haenen, NRC/Handelsblad,
1 October 1988.
"Politic en Justitie willen kinderporno harder
aanpakken" (Police and Justice want to respond
harder against child pornography), Utrechts
Nieuwsblad, 24 September 1988.
H. Beunders and M. Haenen, NRC/
Handelsblad, 1 October 1988.
Transcript of the declaration made to inspector
Bert Goselink of the Utrecht police, 28 September
1988, made at the police headquarters in Utrecht.
In this manner Mr. Behling subtly distorts the
truth to create the impression of very small
children. The boys involved here were teenagers,
and were not "read to" by Ferdinand.
Nieuwsblad, 24 September 1988.
"Interview met slachtoffer" (Interview
with the victim), OK, 24 March/April 1990, page
Hetty Hessels and Gé Simons, "Duitsers zullen
hier weinig vinden," (The Germans won't find much
Dagblad, 24 August 1991.
We know of several cases, unrelated to the
manufacture of child pornography and therefore not
dealt with in this paper, where the friendship between
man and boy has endured years after the sexual
relationship is over. In one case, a man proudly
showed us photographs of his former friends from their
childhood, into married life and with their children,
all of whom maintain contact with him. In other
cases, some of which were in the self selected sample
of Sandfort, the friendships continue to this day.
See: Theo Sandfort, Boys on their contacts with men
Global Academic Publishers, New York (1987). On
the other hand, we have encountered several cases
where the boys, becoming increasingly aware of the
taboos surrounding their relationship, and discovering
their own heterosexual orientation, abandon their
adult friend, to the heartbreak of the adult partner.
Ferdinand was released after nine months, with
reduction for good behavior.
"Klachtdelict." This law
gives the child, the parents and the child protection
authorities the right to make the complaint needed
before prosecution can take place. However, the
officer of Justice is compelled to take the views of
the child in to account. This law became
effective on 29 December 1991 and awaits
Fred V. was sentenced to 20 months, five months of
which were suspended. OK 24, March/April 1990,
In Dutch law the power of the Justice department to
keep someone in custody between arrest and appearance
before court depends on the length of the maximum
penalty which they could be given. See also L.
Drewes and Th. Nieuwlaat, Seksuele expIoitatie van
jeugdigen en de rol van het strafrecht, (Sexual
exploitation of youth and the role of criminal law)
Wetenschapswinkel rechten, Utrecht, 1990, page
40. The police at the Centrale Recherche
Informatiedienst is less interested in higher
penalties than the increase of police investigative
powers (discussion with Mr. L. Pietersen, 15 February
Wetboek van Strafvordering (Code of Criminal
Procedure), article 67, specifies which crimes, apart
from those for which carry a maximum term of four
years, can lead to custodial imprisonment.
Article 240b could be added to this list, if that were
The title Lolita has often been used in this
This is often Post Box 258, in Dordrecht; in
possession of Joop Wilhelmus.
The films made in America, generally super eight,
are longer and of better quality than the
European. The fashions (when clothes were to be
seen) and hair styles betray the 60s or early
7Os. The films we have seen suggest a large
industry in its peak. We think it likely that a
parallel printed industry must have existed. The
films have not been included in the counting for this
Categories 2, 3 and 4 were counted for the content
The calculations were done by I. Wit, M.A.,
The country of origin of some of the magazines was
uncertain and they were not included.
One magazine in which equal numbers of boys and
girls appeared was only counted with all magazines.
"16" includes 16 years and after.
Positive scores were only given if the statements
of the boys were unambiguously positive. Any
evidence of equivocation resulted in a neutral
score. From the remaining statements, any
element of negative reaction resulted in a negative
score, even if neutral or positive elements were
This child was the younger sibling of one of the
other boys. He had never had a relationship with
Ferdinand, though he had stayed overnight on several
occasions. His older brother accused him of
having an rich fantasy. It is probable that he
was inexpertly interrogated.
In other cases, it has been very difficult to
obtain co-operation of some individuals, particularly
as a rumor preceded the interviewer that he (B.R.) was
an F.B.I. spy, an
impression strengthened when he was seen to have
working contacts with some police.
Ferdinand provided us with some of the letters
which the boys and others had written to him while he
was in jail. They too make up an extraordinary
testimonial to the nature of the relationship that
existed between them.
Ironically, this means "the holy way
He uses the Dutch word vrijen, for which
there is no good English equivalent. It could be
used for sexual contact, but is nowadays mainly
associated with the massaging, hugging and kissing and
less with the genital contact. It could also be
used in a wider context, including the playful hugging
of children by their parents.
The Masters degree is called a "doctoraI"
in Dutch, and carries the title "doctorandus."
This should not be confused with the American Ph.D.
nor with the Dutch "promotie" both of
which carry the title "doctor."
Rossen, B. (1989) Zedenangst: het verhaal van
Oude Pekela, (Moral Panic: the Oude Pekela story),
Swets & Zeitlinger, Lisse, the Netherlands.
Postage and photocopying U.S. $35.
Benjamin Rossen & Jan Schuijer (1992), Het
seksuele gevaar voor kinderen; mythen en feiten
(The sexual danger for children; myths and facts),
Swets & Zeitlinger, Lisse, the Netherlands.