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Authors: Milton Diamond 1,4 , Eva Jozifkova 2 , Petr Weiss 3
1 University of Hawaii, John A. Burns School of Medicine, Pacific Center for Sex & Society, Hawaii, USA
2 J.E. Purkynje University in Ústí nad Labem,
Department of Biology, Czech Republic
3 Institute of Sexology, Charles University, Prague, Czech Republic
4 To whom correspondence should be addressed at University of Hawaii, John A. Burns School of Medicine, Pacific Center for Sex & Society,
1960 East-West Road, Honolulu, Hawaii 96822 USA; e-mail: diamond@hawaii.edu.
Published (online) in: Archives of Sexual Behavior 30 November 2010
This is a pre-publication version. The final publication is available at
www.springerlink.com . An erratum is at http://www.springerlink.com/content/rr945555364t0261 .
Acknowledgments: The authors deeply thank:
Msc. Tomas Husak at Ministry of Justice of the Czech Republic
Ing. Bc. Vladimir Stolin at Ministry of Interior of the Czech Republic
Mr. Pavel Kvoriak at PK 62 Inc.
Mrs. Barbora Capitova at Czech Statistical Office
Martin Konvicka, Ph.D., at University of South Bohemia.
This work was supported by grant 53221-15-0001-01 from the J.S. Purkinje University in Usti nad Labem, Czech Republic.
Pornography continues to be a contentious matter with those on the one side arguing it detrimental to society while others argue it is pleasurable to many and a feature of free speech. The advent of the Internet with the ready availability of sexually explicit materials thereon particularly has seemed to raise questions of its influence. This study, following the effects of a new law in the Czech Republic that allowed pornography to a society previously having forbidden it allowed us to monitor the change in sex related crime that followed the change. As found in all other countries in which the phenomenon has been studied, rape and other sex crimes did not increase. Of particular note is that this country, like Denmark and Japan, had a prolonged interval during which possession of child pornography was not illegal and, like those other countries, showed a significant decrease in the incidence of child sex abuse.
Pornography; Rape; Child Sex Abuse; Internet; Sex Crimes; Murder
One of the most contentious areas of expression and free speech is that related to the presentation of sexual matters. Different factions in many societies object in different ways. Some are opposed to any graphic or open depiction or discussion of topics remotely related to sex; others desire an end to even minor restrictions on such displays. Certainly, people differ widely on what might be considered pornographic; some people even see popular magazines like Playboy pornographic (Asiaone, 2008). Extremists in the debate argue that pornography is a catalyst promoting sex crimes and rape in particular. Such persons have their own broad definition of pornography.
Among the most prominent expressions against pornography are in the works of Dworkin (1981) and MacKinnon and Dworkin (1988). These women are so convinced of the negative effects of such materials they believe they ought to be restricted in availability and made illegal. On the other hand, there are many women in favor of sexually explicit materials (SEM) or at least against its censorship (Newitz, 2002; Strossen, 1995; Tiefer, 1995;). The anti-censorship and pro pornography side of the argument holds that pornography is an expression of fantasies that provide pleasure (Christensen, 1990), are media that can inhibit sexual activity (Wolf, 2003), and materials that can even act as a positive displacement activity for sexual aggression (D'Amato, 2006; Goldstein, Kant, Judd, Rice, & Green, 1971).
In an effort to study this issue, research has often been to expose subjects–usually university students--to SEM and then, with pencil and paper survey testing, evaluate their responses to questions posed as if these would be a reflection of their actual behavior (Donnerstein, Linz & Penrod, 1987). A more fruitful method, started by the Danish researcher Kutchinsky, was to see what actually happened in those countries that transitioned from having a strict ban on SEM availability to a situation where the material was decriminalized. Using data gathered from various governmental records, Kutchinsky (1991) compared the relevant increase in available SEM following the liberalization of antipornography laws in Denmark, Sweden, West Germany, and the U.S. with both pre- and post- liberalization data regarding sex crimes reported in these countries. His research found that, in the countries studied, the rates of rape, sexual assault, and other sex crimes either decreased or essentially remained stable following the ready availability of erotic materials of all sorts. In none did sex crimes of any type increase.
Other countries have been investigated to see if Kutchinsky's findings would hold across diverse cultures and traditions. Three Asian locations studied, Japan (Diamond & Uchiyama, 1999), Shanghai, China (Diamond, 1999) and Hong Kong (Ng & Ma, 2001) with very different histories and social structures from those studied earlier, also found that available government records showed that, while the amount and availability of pornography increased, the rates of sexual crimes decreased. Reassessment of the situation in the U.S. (Diamond, 1999) also supported this pattern, as did studies conducted in Croatia (Landripet, Stulhofer, & Diamond, 2006) and Finland (Diamond & Kontula, 2009).
The current article reports findings from a Slavic country, the Czech Republic, with its own religious and cultural traditions unlike any previously studied. During the 1948-1989 communist regime, the laws and customs were extremely puritanical. Pornography, by any definition was absolutely prohibited. Even the depiction of naked bodies, as well as descriptions of sexual activities in fictional novels or magazines, were almost non-existent. With the 1989 transition to democracy in the country the ban on pornography was lifted and a sexual permissiveness followed. In 1990, the availability and ownership of SEM increased explosively. Even the possession of child pornography was not a criminal offense.
Czechoslovakia ( Ceskoslovensko ) had been a sovereign federated government formed in 1918 and consisting of two separate states. On 1 January 1993, the federation peacefully split into the Czech Republic and Slovakia. Prior to the division, all judicial and police data were kept separate for each state and compiled for national statistics. For the present study, only the pre- and post- separation population and crime data pertinent to the Czech Republic were used.
The time ranges used for this investigation basically started in the mid 1970s, a 15 year period in which various sex-related materials, even items like Playboy magazine, were banned. With the end of communism and the coming of democracy in November and December 1989, application of the laws regarding the dissemination and availability of pornography were considerably loosened so that even the possession of child pornography was not illegal. This period covers 18 years of major sociopolitical changes, including the country's Velvet Revolution, first free elections, establishment of a democratic government to replace communism (1990), and peaceful separation from Slovakia. Our study period ended with data from 2007. 1
In the Czech Republic, the laws concerning pornography are somewhat vague. The Czech Criminal Code (Act No. 140/1961, as amended) leaves the exact definition of these legal terms to case law and to jurisprudence. As a result, it does not explicitly define pornographic works. According to Czech legal practice, a pornographic work can be any product that directly or by means of technical devices (e.g., film, video, the Internet) affects and stimulates the sexual instinct in a very intense and obtrusive manner. Essentially, any "material endangering morality" may be considered excessively sexually graphic and subject to criminal penalty. Section 205 of the Czech criminal code is the principal regulation applicable to the distribution of pornography. The basis for this law has been in existence since 1961. In practice, the law essentially prohibits the production, dissemination, trafficking, or sale of sex related materials in any form that might be considered socially damaging. Under the communist regime, the law was very broadly interpreted. Police and court actions would even judge nude pictures as social ills and impose punishments. The criteria for determining the materials illegality was not specifically stipulated.
Judgment as to the acceptability or not of the materials' characteristics were determined by sexologists and psychologists appointed by a judge for the item's review. Currently, as in the past, particular attention is given to subjects involving sex with children or animals and somehow judged "humiliating to human dignity." The punishments can range from confiscation of the materials and fine or imprisonment of two to five years.
Sexual crimes, such as rape, attempted rape, sexual assault, and child sex abuse, are considered major offenses. Sex related offenses, such as peeping and indecent exposure, are considered of lesser consequence. The Ministry of Interior maintains data separately on all these types of sex behaviors.
Prior to 2000, only interactions that involved genital-genital heterosexual intercourse were considered rape or attempted rape. From the year 2000, however, changes in the law made it possible to prosecute with the same severity other cases of sexual violence that could include, for instance, forced or coerced homosexual, anal, or oral intercourse. This thus enhances the potential scope for a higher number of reported sex related offenses.
Data on the number of crimes reported were obtained from the Ministry of Interior. These data allowed for a detailed analysis of all sorts of sex related infractions. Critical comparisons were between the period during which there was a strict prohibition against pornography (before November 1989) and the period following until the end of 2007. Basically, this allowed comparison of a 15-17 year interval during which any pornography was illegal with an 18 year span during which it was widely available. This post-change duration obviously includes the current era of readily obtainable Internet porn.
Accurate and definitive figures for the amounts of types of SEM available during our study periods were not available. In effect, no pornography of any sort was legally available under the communist regime and policing activities against it then were vigorous. With the switch to democracy, all sorts of porn became easily procured. One index of the availability of published pornography for the post 1989 interval under review was obtained from PK 62 Inc., publishers of SEM holding a majority of market share from its start-up in 1990 until the present. Their records, according to Mr. Pavel Kvoriak, director of PK 62 (personal communication, November 19, 2009), indicate a steady and rapid rise in the number of printed copies of pornographic magazines sold in Czechoslovakia and then in the Czech Republic and Slovakia together. Magazine sales exceeded 4 million copies in 1995. After Czechoslovakia split in 1993 sales in the Czech Republic alone were between 80%-90% of PK 62 Inc., total sales. Their main competitor, MP Media, sold about 30-40% of the amount sold by PK 62. After the year 2000, the sale of pornographic CDs became popular and available. Another index as to the availability of pornography would be the continuing increase in available Internet access from fewer than 5.8% of the households having such connections in 2001 to the 29.9% in 2007 (Czech Statistical Office). It can thus safely be assumed, however calculated, that the types and amounts of sex-related SEM publicly available have increased considerably since the change to democracy.
As comparative markers of social change, and for comparison, we also investigated the murder, criminal assault, and robbery figures reported for the corresponding intervals under study. Particularly appropriate for our comparisons, murders and assaults were divided by the Czech police authorities into sex-related (e.g., associated with rape) and non-sex related categories (e.g., associated with robbery).
Most obvious and most significant of our findings is that the number of reported cases of child sex abuse immediately dropped markedly after SEM was legalized and became available ( t = 6.7, df = 32, p < .001) ( Fig. 1 ). The incidence of reported child sex abuse, following this original precipitous decline following the governmental switch in 1989, did increase in incidence for a few years to peak in 1995 and 1998 but then again dropped in number following a downward trend that had begun prior to democratization ( Fig. 1 ).
From 1989 to the present, there has been a steady population increase. Statistical analysis using Pearson's r for the relation between the number of males aged 15-64 in the population and cases of child sex abuse found a negative correlation (Pearson's r = -.787; p = .001).
Reported cases of rape did briefly pitch upward following the change to democracy and the availability of pornography but then returned to its frequency seen during the period under communism: between about 500 to 750 cases a year. Considering the complete post 1989 period, the number of reported rapes did not increase after SEM was legalized ( t = 6.7, df = 32, p < .001). 2 This stability was maintained despite a significant increase in the male population aged 15-64 over the years from 3,225,960 in 1971 to 3,726,148 in 2007 (Pearson's r = .98, p < .01, n = 37). Statistical analysis did not show any correlation between the number of men in the population and the reported cases of rape (Pearson's r = -.064; p = .701).
The so-called lesser sexual offenses of indecent exposure, peeping, etc. also decreased significantly following the legal availability of SEM ( t = 9.57; df = 20, p = .001) ( Fig.1 ). In comparison with our findings for the sex crimes mentioned following democratization and porn availability, the number of societal crimes of general murder, assault, and robbery rose significantly. Murders associated with robbery or with other non-sex related motives increased sharply ( t = -6.8, df = 20, p < .001) ( Fig. 2 ). Murders associated with sex related matters –small in number at any time--did not increase ( t = -0.3, df = 23, p = .77) ( Fig. 2 ). The number of reported sex related crimes decreased significantly from the pre-switch period to the post period, ( t = 5.3, df = 32, p < .001), whereas the number of reported nonsexual crimes increased significantly ( t = -19.72, df = 35, p < .001) ( Fig. 3 ).
The most obvious and significant finding is that since 1989, with the shift from a political system with its total ban on SEM and anything that might be considered pornographic to the present regime and the wide spread availability of SEM in various media from publication to films, CDs and the Internet, the incidence of reported sex related crimes has not increased. Perhaps most critically, child sex-abuse, despite a brief upswing toward its predemocracy rate, resumed a decline that had begun, for unknown reasons, in the early 1970s. The lesser sex related crimes of peeping and indecent e
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