State puts porn pervs in sights

Elderly, disabled victims prompt bill

By Dave Wedge

Boston Herald, Massachusetts, USA: 26 March 2009
http://www.bostonherald.com/news/regional/view.bg?articleid=1161200

Pervs preying on the elderly or disabled could soon face harsh new
penalties under a first-of-its-kind proposed law that would punish
sicko peddlers of geriatric and handicapped porn the same as child
pornographers.

Fueled by a rise in sex abuse against the elderly and disabled and a
string of cases involving photography and cyber postings, the proposed
legislation would add seniors and the handicapped to kiddie porn laws.

"Obviously with the technology evolving, the crimes committed using
that technology have increased. That's clearly the case," said
Northwestern District Attorney Elizabeth Scheibel, who covers parts of
western Massachusetts and helped craft the proposal. "All we're trying
to do with these two pieces of legislation is to protect our two most
vulnerable populations."

Emil DeRiggi, spokesman for the state Disabled Persons Protection
Commission, said the agency has "certainly seen an increase" in sex
abuse cases involving pornography. One case currently being
investigated involves a twisted online posting offering sex with a
"cognitively impaired" virgin.

Other recent cases include:

A pair of caretakers who took their disabled boarder on a
"state-to-state party," taking sexual photos along the way;

A man with cerebral palsy who can talk only with a communication board
was mocked and harassed by caretakers who snapped pictures of his
genitals;

A mentally retarded woman had pornographic pictures taken of her and
posted on the Internet by relatives.

The DPCC reported 44 rapes and 29 indecent assault-and-battery cases
in the past three months of 2008. In the past year, the agency
reported 92 cases of sexual exploitation.

Officials said there have been other recent cases involving seniors
and the state Executive Office of Elder Affairs is backing the bill.

"Elder Affairs supports policies that protect vulnerable seniors from
exploitation," spokeswoman Kristina Barry said.

There are currently no federal laws against elderly or disabled porn,
and Massachusetts officials were unaware of any similar legislation in
other states. A similar effort, though, is underway in Illinois, where
new child porn laws also protect the "severely mentally retarded."

Rep. Kathi-Anne Reinstein (D-Revere), who backs the bill, said she's
spoken with senior advocacy groups who report that elder exploitation
and pornography is on the rise.

"We know that it's happening. I didn't realize until this whole
scenario was brought to my attention that it was an issue," Reinstein
said. "If we can extend protection to the elderly and the disabled, I
think it's kind of a no-brainer."

But prominent civil rights attorney Harvey Silverglate said the
proposal "amounts to blatant censorship" and is "unconstitutional."

"It seems to be the latest in a long effort to broaden the definition
of obscenity," Silverglate said. "We've already got (laws) against
coercion. Why is that not adequate?"