Blog

The proliferation defence in a child porn case

Posted by:

In a child pornography case, the term proliferation refers to the percentage of alleged child pornography images in comparison to legal adult pornography. There is a commonly held belief that those with an interest in child pornography prefer to build a large collection of such materials. It is believed that they often collect it, organize it, categorize it and take steps to safeguard it. If that is true, then what can be assumed in a case where a relatively small amount of alleged child pornography is discovered amongst a large collection of adult porn images? In this case, could a reasonable doubt be raised that the accused knowingly received the alleged child porn images? Of course, this ratio is only one of the factors to be looked at in such a potential defence to a child porn charge. There are numerous other factors to consider:

  1. Where were the alleged child porn files located?
  2. How many files were located?
  3. What was the download process? For instance, were hundreds of files highlighted at once for download?
  4. What was the alleged Internet surfing activity?

There may be several other factors as well. A combination of these factors may provide the basis for a successful defence to a child porn possession charge.

 

0


About the Author