Introduction to Obscenity, Pornography, and Sex Crimes

U.S. Supreme Court Justice Potter Stewart famously claimed in 1964 that he could not articulate adequate definitions for pornography or obscenity but that "I know it when I see it." While Justice Stewart's quip is not the legal benchmark for obscene material, it is certainly the most universally embraced social standard. Many people disagree on what constitutes pornography or what sexual images are too offensive for public (and even private) viewing. Sexually explicit images test the balance of free speech and press against public concerns of morality, exploitation, and decency.

While individuals may disagree over whether an advertisement featuring a nude model or the contents of a novel are pornographic or deserving of censor, most everyone agrees that its is acceptable to prohibit the creation and distribution of some explicit images, such as child pornography. Increasing attention has been paid to sex crimes in recent years as technology has enabled the wider distribution of pornographic materials and aided predators in finding victims. Articles in this chapter feature international efforts to curb the child sex trade and the distribution of child pornography. Often, the first stages of these investigations involve surveillance of Internet sites and messaging and file transfer programs. Recent news articles on sex crimes such as molestation, sexual abuse, and rape, are featured in chapter entries. The chapter also features sex crime prevention measures such as Megan's Law, which requires the registration and public disclosure of sex offenders. An article on polygamy is included here because the practice is illegal in the United States and most other nations.

Articles in this chapter feature excerpts from the novels Justine and Lolita, both novels have been praised and alternatively reviled for their depictions of rape and sexual relations between an adult and child. At the respective times of their publication, both books were banned as pornographic or obscene. In some countries, Lolita was outright banned from sale, in other it was sold from shelves in a protective wrapper. Now, Lolita is a commonly assigned text in university English classes across Europe and North America, though it continues to shock readers. This example, like others featured in the chapter, illustrates the effect that changing mores have on our definition of pornography and obscenity.