“They are not victimless crimes…that's frustrating to hear”: Qualitative insights from prosecutors working on cases related to technology facilitated child sexual abuse material

• NCJ Number: 311000
• Journal: Child Abuse & Neglect Volume: 159 Dated: January 2025
• Author(s): Jennifer E. O'Brien; Gina Zwerling Kahn; Leanne Gast; Kimberly J. Mitchell
• Date Published: December 2024
• Grant Number(s): 2020-MU-CX-0041
• Agencies: NIJ-Sponsored
• Publication Type: Research (Applied/Empirical)
• Award: Trends and New Directions in the Law Enforcement Response to the Sex Trafficking of Minors: A Nationally Representative Study

Abstract

Background

Child sexual abuse material (CSAM) are any videos or images of individuals under the age of 18 engaging in sexually explicit activities or positions. The incidence and scope of CSAM has increased since the COVID-19 pandemic; however, the prosecution of such crimes has not risen at the same rate.

Objective

This study presents exploratory qualitative findings regarding prosecutors' challenges prosecuting CSAM cases from the perspectives of experienced CSAM prosecutors.

Participants

A total of 24 prosecutors from 16 different states across the United States who affirmed working on prosecuting CSAM cases participated in a recorded, 1-h, semi-structured interview.

Methods

The semi-structured interview guide questions focused on participant's professional experiences prosecuting cases, including things that contributed and detracted from the successful prosecution of CSAM cases. Digital recordings of all interviews were transcribed verbatim and subsequently reviewed for accuracy by research team members. Interviews were coded independently by two members of the research team using a grounded theory approach. Methods to enhance the rigor of the research included regular debriefing, and the use of detailed case notes capturing nonverbal participant cues.

Results

Qualitative analysis revealed three main challenges related to prosecution including CSAM awareness, resource allocation, and legal response. Subcategories within themes as well as regional differences are captured and shared.

Conclusions

Findings from the current study provide a context for understanding the role of prosecutors in criminal justice response to CSAM, but also point to directions for systemic improvements that would aid in prosecuting these crimes.

(Publisher abstract provided.)