Endnotes - Schuijer & Rossen 1992 The Trade of ...

(1)

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. 

(2)

'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. 

(3)

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). 

(4)

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. 

(5)

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." 

(6)

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. 

(7)

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. 

(8)

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. 

(9)

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 editorial policy. 

(10)

David Hebditch & Nick Anning, Porn Gold; Inside the Pornography Business, Faber and Faber Ltd., London, 1988, page 324. 

(11)

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 (Hardcover), Prometheus Books, Buffalo, New York (1991), pages 341-65. 

(12)

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. 

(13)

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. 

(14)

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. 

(15)

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 1988. 

(16)

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. 

(17)

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. 

(18)

Robin Lloyd, For Money or Love, Boy Prostitution in America (Out of Print)(Out of Print), 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). 

(19)

Ibid., page 226. 

(20)

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. 

(21)

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). 

(22)

Hearings 1977, page 40. 

(23)

Ibid., page 46. 

(24)

Ibid., page 46. 

(25)

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. 

(26)

Ibid., pages 60-61.  The number of 50-100,000 readers of child pornography readers was quoted by the ILIC from unspecified media accounts. 

(27)

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 by Odyssey House. 

(28)

Ibid., pages 8-9. 

(29)

Hearings 1977, page 57. 

(30)

ILIC report, page 8. 

(31)

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 photographs. 

(32)

ILIC report, page 30. 

(33)

Roth Report, page 34. 

(34)

Final report of the Attorney-General's Commission on Pornography (summary edition), 1986, page 132. (hereafter the Meese Report.) 

(35)

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 threatening images. 

(36)

New York vs. Ferber, 458 US, 747, Opinion of the Court ( Justice White), page 749, footnote 1. 

(37)

"Child porno lawyer angers justices," San Francisco Examiner, 28 April, 1982. 

(38)

Commission on Human Rights on the United Nations, Exploitation of Child Labor, rep. Mr. Bouhdiba, 8 July 1981, E/ CN4/sub 2/479. 

(39)

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 magnitude. 

(40)

Defense for Children International, Central Union for Child Welfare in Finland, Child Prostitution, Trafficking and Pornography, International Report, 1986, page 6. 

(41)

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. 

(42)

Council of Europe, Parliamentary Assembly, Report on the traffic in children and other forms of child exploitation, Doc. 5777, 10 September 1987, page 4. 

(43)

Child Abuse and Neglect is published in the United Kingdom. 

(44)

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. 

(45)

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 carefully controlled. 

(46)

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). 

(47)

T.M. Schalken, "Pornografiediscussie gaat over grenzen van staatsmacht" (Pornography debate is about the limits of state power), NRC Handelsblad, 27 October 1988. 

(48)

New York versus Ferber (458 U.S. 747), US Supreme Court, October Term 1981, Opinion of the Court (Justice White), page 764. 

(49)

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 (Paperback), Pelican Books, London (1968), pages 132-41. 

(50)

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. 

(51)

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. 

(52)

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. 

(53)

Wet tot bestrijding van zedeloosheid, Staatsblad (State Bulletin) 1911, 103. 

(54)

Hoge Raad (Supreme Court), 21 March 1927, number 30841; NJ 1927, page 464. 

(55)

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. 

(56)

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. 

(57)

Deep-Throat arrest, Hoge Raad (Supreme Court) 28 November 1978, NJ 1979, 93. 

(58)

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. 

(59)

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. 

(60)

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. 

(61)

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 Netherlands. 

(62)

Miller vs California, 413 U.S. 15. 

(63)

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 'tasteless'." 

(64)

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. 

(65)

Hebditch & Anning (1988), page 317. 

(66)

Wim Hazeu, Wat niet mocht, (Things not allowed) De Harmonie, Amsterdam, 2nd edition, (1982), page 100. 

(67)

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. 

(68)

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. 

(69)

"Pubersex in films doet weer taboe in bioscopen sneuvelen" (Pubertal sex breaks another taboo in film theatres), Utrechts Nieuwsblad, 14 July 1977. 

(70)

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. 

(71)

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. 

(72)

The words "booklet" and "magazine" are used interchangeably.  The typical format of pornography publications is something half-way between. 

(73)

Roth report, page 38. 

(74)

Panorama, number 38, 19 October 1975, pages 64-65. 

(75)

Sweden heeft buik vol van porno," (Sweden is fed up with porno.), Het Parool, 3 December 1976. 

(76)

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. 

(77)

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. 

(78)

Straffelovradet 

(79)

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. 

(80)

"... 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. 

(81)

"Biljf -van-m' n-Lijf." 

(82)

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. 

(83)

Hein Roethof, "Betutteling in een nieuw jasje," (Prudery in a new dress) De Volkskrant, Open Forum, 10 November 1981. 

(84)

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 function. 

(85)

Yvonne Quispel, "Porno nu niet uit de strafwet halen" (Don't remove pornography from criminal law yet.), KRI, February 1980. 

(86)

Reply from the Emancipation Council of 2 February 1982, The Lower House, session 1983-84,15836, number 10. 

(87)

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. 

(88)

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. 

(89)

"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. 

(90)

Letter from the Minister of Justice to the chairman of the Lower House; The Lower House, 1984-85, 15836, number 29. 

(91)

Nederlandse Vereniging voor Seksuele Hervorming (Dutch Association for Sexual Reform). 

(92)

COC is the main Dutch homosexual emancipation organization. 

(93)

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 seriously. 

(94)

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. 

(95)

"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 voorraad heeft." 

(96)

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. 

(97)

Raad van State, an advisory body of the Government. 

(98)

Proceedings of the Lower House, 17, 18 and 25 October, 1984-1985, pages 565 and further. 

(99)

Proceedings of the Lower House, 18 October 1984, session 1984-85, page 715. 

(100)

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. 

(101)

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 (Paperback Reprint edition), Penguin Books, London (1988), pages 26-39. 

(102)

Child Protection act of 1984, legislative history, P.L. 98-292, House Report number 98-536, page 3. 

(103)

B. Kutchinsky (1985), page 308-9. 

(104)

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. 

(105)

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. 

(106)

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, page 23. 

(107)

Lawrence A. Stanley, "The Child Porn Myth", Cardozo Arts & Entertainment Law Journal, 1989, Volume 7(2), page 345-349. 

(108)

636 F. Supp. 828 (S.D. Cal. 1986) 

(109)

812 F.2d 1239, 1244 (9th Cir. 1987) 

(110)

Hoge Raad, (Supreme Court), court number 2370 Besch., 6 March 1990; included in Nederlandse Jurisprudentie, 1990, no. 667. 

(111)

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 1989, Nederlands Juristenblad, 1990, 667. 

(112)

Also known as the de Wit work group, after the chairman of the working party, Mr. L. De Wit. 

(113)

According to Minister Korthals Altes, Proceedings of the Lower House, session 1984-85, page 1446. 

(114)

Proceedings of the Lower House, 18th October 1984, 1984~5, page 1446. 

(115)

Roth Report, page 43. 

(116)

Roth Report, page 43. 

(117)

Hebditch & Arming (1988), pages 263 and 331. 

(118)

See also B. Kutchinsky (1985), page 304-306. 

(119)

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 Wit report. 

(120)

Report of the Senate Hearing, 1984, evidence of William van Raab, Commissioner of Customs, page 6. 

(121)

De Wit report, page 12. 

(122)

Dr. Ernst Braches, now retired, was chief librarian at the University of Amsterdam. 

(123)

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. 

(124)

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. 

(125)

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. 

(126)

Hebditch & Anning (1988), pages 317-318. 

(127)

Braches found that girl pornography was in general 25% cheaper than boy material. 

(128)

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 significantly larger. 

(129)

Interview with the publisher conducted by J.S. 

(130)

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 scientific research. 

(131)

L.A. Stanley (1989), footnote 61. 

(132)

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 than $2.50). 

(133)

De Wit report. page 12. 

(134)

L.A. Stanley (1989), footnote 156. 

(135)

New York is the principal entry point for mail from Europe to the U.S.A. 

(136)

Roth Report, pages 33-34. 

(137)

De Wit Report, page 13. 

(138)

Report of the Senate Hearing 1984, page 5. 

(139)

Roth Report, pages 5 and 6. 

(140)

L.A. Stanley (1989), pages 335-345. 

(141)

B. Kutchinsky (1985), page 308. 

(142)

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. 

(143)

"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. 

(144)

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. 

(145)

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. 

(146)

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 Netherlands. 

(147)

As confirmed by Mr. L. Pietersen, Centrale Recherche Informatiedienst (Central Police Investigations Informations Service); interview on 15 February 1991). 

(148)

"Vier Britten gearresteerd voor het maken kinderporno," (Four Englishmen arrested for making child pornography), NRC Handelsblad, 12 July 1989. 

(149)

Mr. L Pietersen, Centrale Recherche Informatiedienst (Central Police Investigations Information Service, 15 February 1991. 

(150)

"Boete handel in kinderporno," (Fine for trading in child pornography), Nieuwsblad van het Noorden, 27 February 1991. 

(151)

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. 

(152)

De Wit report, page 5 and further. 

(153)

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. 

(154)

Roth Report, page 39. 

(155)

See Lolita, number 18 (1975). 

(156)

Roth Report, page 40 and further. 

(157)

These are the photographs published in the issues 1 to 9, inclusive. 

(158)

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 publications. 

(159)

The names of the three friends of Fred V. have been altered, as have the names of the boys. 

(160)

Kenneth Lanning, Child Molesters: A Behavioral Analysis, National 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 (Hardcover), Prometheus, Buffalo, New York (1991), pages 215-217. 

(161)

Benjamin Rossen, (1989); Robert Hicks, (1991); also see Joel Best, Threatened Children: Rhetoric and Concern about Child Victims (Paperback Reprint edition), Chicago University Press, Chicago (1990); James Richardson, Joel Best and David Bromley, The Satanism Scare (Hardcover)(Paperback), Aldine De Gruyter, New York (1991). 

(162)

Kenneth Hermann, (1984), page 8. 

(163)

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. 

(164)

This is confirmed from the interviews with some of the boys.  See Appendices IV and V. 

(165)

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. 

(166)

Some photographs only depicted the lower body, and sometimes only the genitals. 

(167)

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. 

(168)

Some of the magazines were comprised entirely of frames from the films, and other magazines pirated film segments. 

(169)

L.A. Stanley (1989), page 308. 

(170)

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). 

(171)

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. 

(172)

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. 

(173)

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. 

(174)

De Telegraaf 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 country. 

(175)

"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 sexual crimes. 

(176)

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). 

(177)

Interview with Mr. W.J. van Bennekom, barrister of Fred V., 30 November 1988. 

(178)

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 March 1990. 

(179)

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 Utrecht (State University Utrecht). 

(180)

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. 

(181)

Henri Beunders and Marcel Haenen, NRC/Handelsblad, 1 October 1988. 

(182)

"Politic en Justitie willen kinderporno harder aanpakken" (Police and Justice want to respond harder against child pornography), Utrechts Nieuwsblad, 24 September 1988. 

(183)

H. Beunders and M. Haenen, NRC/ Handelsblad, 1 October 1988. 

(184)

Transcript of the declaration made to inspector Bert Goselink of the Utrecht police, 28 September 1988, made at the police headquarters in Utrecht. 

(185)

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. 

(186)

 Utrechts Nieuwsblad, 24 September 1988. 

(187)

"Interview met slachtoffer" (Interview with the victim), OK, 24 March/April 1990, page 13. 

(188)

Hetty Hessels and Gé Simons, "Duitsers zullen hier weinig vinden," (The Germans won't find much here.), Algemeen Dagblad, 24 August 1991. 

(189)

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 (Out of Print), 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. 

(190)

Ferdinand was released after nine months, with reduction for good behavior. 

(191)

"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 jurisprudential testing. 

(192)

Fred V. was sentenced to 20 months, five months of which were suspended. OK 24, March/April 1990, page 13. 

(193)

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 1991). 

(194)

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 considered desirable. 

(195)

The title Lolita has often been used in this way. 

(196)

This is often Post Box 258, in Dordrecht; in possession of Joop Wilhelmus. 

(197)

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 study. 

(198)

Categories 2, 3 and 4 were counted for the content analysis. 

(199)

The calculations were done by I. Wit, M.A., quantitative psychologist. 

(200)

The country of origin of some of the magazines was uncertain and they were not included. 

(201)

One magazine in which equal numbers of boys and girls appeared was only counted with all magazines. 

(202)

"16" includes 16 years and after. 

(203)

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 present. 

(204)

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. 

(205)

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. 

(206)

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. 

(207)

Ironically, this means "the holy way baths." 

(208)

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. 

(209)

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." 

(210)

Rossen, B. (1989) Zedenangst: het verhaal van Oude Pekela, (Moral Panic: the Oude Pekela story), Swets & Zeitlinger, Lisse, the Netherlands. 

(211)

Postage and photocopying U.S. $35. 

(212)

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.