With the increasing number of individuals accessing online child sexual exploitation material (CSEM), there is an urgent need for primary prevention strategies to supplement the traditional focus on arrest and prosecution. We examined whether online warning messages would dissuade individuals from visiting a honeypot website purporting to contain barely legal pornography. Participants (n = 419) seeking the site were randomly assigned to one of five conditions; they went straight to the landing page (control; n = 100) or encountered a warning message advising of the potential harm to viewers (n = 74), potential harm to victims (n = 65), ability of police to track IP addresses (n = 81), or possible illegality of such pornography (n = 99). We measured the attempted click-through to the site. Attrition rates for the warning message conditions were 38% to 52%, compared with 27% for the control group. The most effective messages were those that warned that IP addresses can be traced (odds ratio [OR] = 2.64) and that the pornography may be illegal (OR = 2.99). We argue that warning messages offer a valuable and cost-effective strategy that can be scaled up to help reduce the accessing of CSEM online.
Online CSAM offending is a challenge for law enforcement, policymakers and child welfare organisations alike. The use of online warning messages to prevent or deter an individual when they actively search for CSAM is gaining traction as a response to some types of CSAM offending. Yet, to date, the technical question of how warning messages can be implemented, and who can implement them, has been largely unexplored. To address this, we use a case study to analyse the actions individuals and organisations within the technology, government, nongovernment and private sectors could take to implement warning messages. We find that, from a technical perspective, there is considerable opportunity to implement warning messages, although further research into efficacy and cost is needed.
Female offender risk assessment is predominantly based on criminogenic factors that predict reoffending in males. Research indicates there are criminogenic factors specific to female offenders, and certain factors linked to offending for both sexes have greater impact on female offenders. This paper extends current research using a Western Australian sample to determine whether findings are replicated with an Australian cohort. Gender differences in the criminogenic profile of 1704 violent offenders (9% female), assessed using the Level of Service/Risk, Need, Responsivity (LS/RNR) and Violence Risk Scale (VRS), were analysed using a matched sample study design. There were significant gender differences on all components of the LS/RNR, except criminal history. In the subsequent matched study, these differences varied, and females scored significantly lower on all VRS-SV items, except age. Gender differences in violence risk scores were clear, providing support for gender-responsive assessment and treatment of violent female offenders, with further validation needed.
Honeypots have been a key tool in controlling and understanding digital crime for several decades. The tool has traditionally been deployed against actors who are attempting to hack into systems or as a discovery mechanism for new forms of malware. This paper presents a novel approach to using a honeypot architecture in conjunction with social networks to respond to non-technical digital crimes. The tool is presented within the context of Child Exploitation Material (CEM), and to support the goal of taking an educative approach to Internet users who are developing an interest in this material. The architecture that is presented in the paper includes multiple layers, including recruitment, obfuscation, and education. The approach does not aim to collect data to support punitive action, but to educate users, increasing their knowledge and awareness of the negative impacts of such material.
A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Australia, although academic debate over the merits and application of the discount is ongoing. This paper presents findings from a national Australian study on public opinion on the guilty plea sentencing discount, with a particular focus on sexual offences. Survey data were drawn from 989 jurors in cases that resulted in a guilty verdict and 450 unempanelled jurors and 306 online respondents who were provided with vignettes based on real cases. A third of the respondents would have supported a discount in their case if the offender had pleaded guilty. In contrast, more than one half of the respondents surveyed, who had received a vignette with a guilty plea scenario, supported an increment in sentence if the offender had gone to trial. There was more support for a discount in cases involving non-sexual violent offences versus sexual offences and adult versus child victims. Where a discount was supported, this most commonly was a reduction in the length of custodial sentence, with online respondents allocating the least generous discounts. Willingness to accept a sentencing discount was predicted by a range of variables including gender, education, punitive attitudes, offence type and offence seriousness. We conclude by considering the implications of our findings for sentencing law and practice.
Illegal distribution of sexual images by adults and minors is an expanding problem. We examined whether messages would dissuade men (18-32 years) from visiting a fake website offering access to free pornography to users who uploaded a sexual image of a woman. Participants seeking to enter the site (n=528) were randomly assigned to one of three conditions. Group 1 went straight to the landing page. Group 2 encountered a text warning that sharing sexual images of people who appear under 18 years old is illegal; Group 3 received the same message with an accompanying animation. Sixty percent of Group 1 participants attempted to access the site, compared with 43 percent in Group 2 and 38 percent in Group 3. We argue that online messages offer a valuable strategy that can help reduce image-based abuse and the distribution of child sexual abuse material, including by minors.
With the increasing number of individuals accessing online child sexual exploitation material (CSEM), there is an urgent need for primary prevention strategies to supplement the traditional focus on arrest and prosecution. We examined whether online warning messages would dissuade individuals from visiting a honeypot website purporting to contain barely legal pornography. Participants (n = 419) seeking the site were randomly assigned to one of five conditions; they went straight to the landing page (control; n = 100) or encountered a warning message advising of the potential harm to viewers (n = 74), potential harm to victims (n = 65), ability of police to track IP addresses (n = 81), or possible illegality of such pornography (n = 99). We measured the attempted click-through to the site. Attrition rates for the warning message conditions were 38% to 52%, compared with 27% for the control group. The most effective messages were those that warned that IP addresses can be traced (odds ratio [OR] = 2.64) and that the pornography may be illegal (OR = 2.99). We argue that warning messages offer a valuable and cost-effective strategy that can be scaled up to help reduce the accessing of CSEM online.
The social conditions triggered by the global COVID-19 pandemic have been described as a 'perfect storm', which could incite and exacerbate incidences of family violence (FV). This article proposes strategies to reduce the anticipated impact of COVID-19 on FV based on lessons learnt from available evidence. The evidence base on factors linking pandemics, conflicts, and disasters with violence against women and children (VAW/C) as well as risk and protective factors for FV is examined. This reveals several overlapping factors associated with changes in vulnerability to FV, which would likely be worsened during and possibly beyond the COVID-19 pandemic. Strategies are then proposed to counteract the effects of the current pandemic on these overlapping factors. It is anticipated that these strategies may be effective both during and after the pandemic.
There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.
There is an expanding body of research measuring public perceptions of the criminal justice system's responses to offenders in general and sex offenders in particular. However, less is known about public attitudes to the factors that the law classifies as aggravating, mitigating or merely neutral. This article presents key findings from the National Jury Sentencing Study, which sought to address this gap in knowledge in the case of sex offences using two groups: 343 jurors who had returned a guilty verdict; and 149 members of the public called for jury service who were not selected for a trial. The study shows that, in general, the public's intuitive views of sentencing factors are well-aligned with judicial sentencing practice - a finding that contradicts the stereotypical view of the public as particularly punitive towards sex offenders. Some differences in views on factors such as good character and absence of remorse did appear and potential responses to this divergence are discussed.
In their sentencing remarks, judges aspire to make their reasoning accessible and to appropriately acknowledge victim impact. This article reports on the findings of the National Jury Sentencing Study in relation to the views of empanelled and unempanelled jurors about judges' sentencing remarks in a sample of sex and other violent offence cases. It found that most respondents endorsed the clarity and persuasiveness of the judges' reasons and there was a relationship between perceptions of the appropriateness of the sentence and the clarity and persuasiveness of reasons. However, there was less agreement in relation to questions about victim impact, perceived victim vindication and balancing victim and offender issues, with significant differences between empanelled and unempanelled jurors. It is argued that making sentencing remarks more accessible to jurors and the general public has the potential to improve public confidence in sentencing generally particularly in sex offence cases, where it is most lacking.
Law and ethics require that risk assessment should be cross-culturally valid and fair, but Australian research in this regard is underdeveloped. A logical first step in progressing the work required to build a strong evidence base on culturally sensitive risk assessment in Australia is to determine the expert views of those in the field. We interviewed 13 Australian evaluators who assess Indigenous sexual offenders' recidivism risk to determine their perceptions of the risk assessment instruments they use and the attributes they believe evaluators doing cross-cultural assessments should have. Our central findings are that evaluators use the available instruments because they believe that the same factors predict sexual recidivism for Indigenous and non-Indigenous offenders, but that they do so cautiously knowing the limitations of the instruments. Evaluators nevertheless want more research data to guide them when they use the available instruments to assess people from cultures that differ from those of people in the normative sample. Participants acknowledge that the unique challenges of assessing Indigenous sexual offenders require non-Indigenous evaluators to be culturally competent and confident. These findings should be valuable to evaluators and those who train or supervise evaluators and/or intend to establish or improve the validity of risk instruments in Australia.
This article reports on the findings of a content analysis of judges' sentencing remarks for 167 offenders from 159 trials. The results show the wide range of aggravating and mitigating factors considered by judges in sentencing sexual and non-sexual violent offences and identifies those factors that arise most frequently. The article sheds light on the sentencing practice of judges at first instance, which complements the understanding of sentencing practice derived from legislative and appellate guidance. In the interests of improving public understanding of sentencing practices, factors that would benefit from better explanation in sentencing remarks are highlighted. Factors that require clearer appellate guidance are also noted and some interesting jurisdictional differences in the treatment of some factors are discussed.
There is limited information available about the impact of chemical trace evidence and it has tended to be anecdotal and mostly pertaining to court outcomes. Very little is known about the use of chemical trace evidence by police investigators or the impact that this evidence form has on criminal investigations. This survey, which was conducted in Victoria, Australia, was aimed at addressing these inadequacies by capturing information from police investigators about: (i) the purpose of using chemical trace and other forensic services; (ii) the expectation of what value forensic services would provide; (iii) the actual impact of forensic evidence in specified cases; and (iv) the general perceptions of forensic science. Police officers who were the lead investigators in a sample of criminal investigations were selected as the subjects for this survey. Each of the sample cases included chemical trace evidence and many of the cases also included other forms of forensic evidence. The police investigators indicated that they use chemical trace evidence with the expectation that it will assist decision-making in their investigations and contribute to building a case for court. Survey responses indicated that chemical trace evidence can impact on multiple stages of a case and that this form of evidence can play a part in guiding police investigators in making decisions about how their cases progress through the criminal justice system. It was found that an important aspect of the impact of chemical trace evidence can involve connections with other forensic and non-forensic evidence in the cases. The provision of preliminary results, prior to the formal written reports that are issued for use in court, enables chemical trace evidence to contribute timely support to investigations. The findings of this survey study contradict prevailing perceptions that the contribution of chemical trace evidence is limited to the presentation of evidence in court.
This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM)(1) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.
There are claims that the societal appetite for 'child exploitation material' is increasing. Yet, Australia's policy response does not include initiatives to dissuade potential offenders from deliberately viewing child exploitation material for the first time (onset). To critically examine this issue, this paper draws on Situational Crime Prevention theory. It argues that (a) many first-time child exploitation material viewers fit the Situational Crime Prevention construct of the Opportunistic Offender and (b) suggests that current policy overlooks the kinds of non-instrumental factors that increase the risk of onset for this group, including doubts about the criminality and harmfulness of viewing child exploitation material. The paper then empirically examines social attitudes to child exploitation material viewing by presenting the findings of a survey of 504 Australian internet users. Results indicate that a sizeable minority of the participants were: unaware that it is a crime to view certain types of child exploitation material in Australia; and held doubts about the harmfulness of viewing child exploitation material. These findings are used to reflect on how the presence of these non-instrumental factors among ordinary internet users may affect the offending readiness of the Opportunistic Offender. Policy implications are then briefly discussed.
This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.
New and nontraditional approaches are required to effectively tackle the global problem of cybercrime. Online warning messages offer the unique potential to influence information behavior at the exact point of user decision-making. This research assessed the prevention effect of differing components of warning messages. Thirty-five male participants, aged 18-43, participated in a behavioral-compliance task comprising messages received when visiting websites likely to contain malware. Participants also rated messages on believability, severity, and effects on intention to comply. The components of messages tested were as follows: three "signal words" (warning, hazard, and stop), two levels of message explicitness (high, low), and two imagery conditions (eyes, no eyes). Contrary to expectations, explicitness was the only message component to yield a significant preventative effect on self-rated and behavioral responses. Participants not only perceived the explicit messages as more believable, severe, and likely to increase intention to comply but also demonstrated, through their behavioral-compliance data, a preventative effect from more explicit messages. The implications of these findings for designing messages to prevent cybercrimes are explored.
This article presents data from questions about sex offender registration orders in a large national survey on Australian public opinion about adult sex offenders. It outlines the legislative frameworks that govern these registers in Australia and discusses the use of public registers, the research on the effectiveness of sex offender registers, and Australian attitudes to such registers. Our surveys of three cohorts of members of the Australian public reveal strong public support for sex offender registers, especially for cases involving child victims. However, there was also support for judicial discretion in the imposition of orders and reduced support for automatic registration where a non-custodial sentence is imposed. The Australian Government has recently announced the establishment of a national public sex offender register, but our findings show limited support for this approach. The implications for policy and practice are considered.