Digital shadows: analyzing factors influencing sentencing in child sexual abuse material (CSAM) cases

Abstract

Purpose

Exhibiting an unprecedented rate of advancement, technology’s progression over the past two decades has regrettably led to a disturbing increase in the distribution of child sexual abuse materials (CSAM) online. Compounded by the emergence of an underground cryptocurrency market, which serves as a primary distribution channel for these materials, the investigation and sanctioning of CSAM present a complex and unique set of challenges. The purpose of this study is to accurately diagnose the CSAM sentencing landscape and build a more comprehensive, evidence-based legal framework in penology.

Design/methodology/approach

The study collected and analyzed case details regarding CSAM sanctions in a database sourced from the US Department of Justice for 2020. Various factors were analyzed such as the victim’s age, offender typology and previous conviction, accompanied by an analysis of how these factors affect the sentence length.

Findings

The study found that the hierarchical agency-level interactions give insight into resource allocation prioritization, as well as confirming a close relationship between prior conviction history and sentence length, with the victim’s age inversely related to sentence length. Leveraging data-driven insights, the study paves the way for more targeted and effective sanctions, ultimately contributing to the broader goal of safeguarding children from online sexual exploitation.

Originality/value

The paper provides a critical analysis of the complex landscape surrounding CSAM distribution and judicial sentencing. By examining case details and leveraging data-driven insights, it offers valuable contributions to understanding the interplay between various factors such as victim age, offender typology and prior convictions on sentencing outcomes. This comprehensive approach not only sheds light on the dynamics of CSAM sanctions but also lays the groundwork for evidence-based legal frameworks in penology. Its originality lies in its nuanced examination of hierarchical agency interactions and its potential to inform more targeted interventions for safeguarding children from online exploitation.

Citation

Choi, K.-S., Chawki, M. and Basu, S. (2024), "Digital shadows: analyzing factors influencing sentencing in child sexual abuse material (CSAM) cases", Journal of Aggression, Conflict and Peace Research, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/JACPR-03-2024-0890