Fantasy defense

Last updated

The fantasy defense is a legal defense wherein a defendant accused of attempting a crime (enticing minors into sexual activity, for example) claims that they never intended to complete the crime. Instead, they claim they were engaged in a fantasy and, in the case of luring a minor, believed they were dealing with an adult. [1]

The fantasy defense was developed by Donald B. Marks, the attorney for Patrick Naughton, [2] a Disney executive who eventually pleaded guilty to traveling in interstate commerce with the intent to have sex with a minor, in violation of 18 U.S.C. § 2423(b). [3] [4] [5] The "fantasy defense" used in the Naughton case was novel; however, since the closely watched Naughton fantasy defense was successful, defense lawyers were expected to use it to help other clients. [4]

Related Research Articles

<span class="mw-page-title-main">Catholic Church sexual abuse cases</span>

There have been many cases of sexual abuse of children by priests, nuns, and other members of religious life in the Catholic Church. In the late 20th and early 21st centuries, the cases have involved many allegations, investigations, trials, convictions, acknowledgement and apologies by Church authorities, and revelations about decades of instances of abuse and attempts by Church officials to cover them up. The abused include mostly boys but also girls, some as young as three years old, with the majority between the ages of 11 and 14. Criminal cases for the most part do not cover sexual harassment of adults. The accusations of abuse and cover-ups began to receive public attention during the late 1980s. Many of these cases allege decades of abuse, frequently made by adults or older youths years after the abuse occurred. Cases have also been brought against members of the Catholic hierarchy who covered up sex abuse allegations and moved abusive priests to other parishes, where abuse continued.

<span class="mw-page-title-main">Twinkie defense</span> Mocking term for improbable legal defense

"Twinkie defense" is a derisive label for an improbable legal defense. It is not a recognized legal defense in jurisprudence, but a catch-all term coined by reporters during their coverage of the trial of defendant Dan White for the murders of San Francisco city Supervisor Harvey Milk and Mayor George Moscone. White's defense was that he suffered diminished capacity as a result of his depression, a symptom of which was a change in diet from healthy food to Twinkies and other sugary foods. Contrary to common belief, White's attorneys did not argue that the Twinkies were the cause of White's actions, but that their consumption was symptomatic of his underlying depression. The product itself was only mentioned in passing during the trial. White was convicted of voluntary manslaughter rather than first-degree murder, and served five years in prison.

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

<span class="mw-page-title-main">Perverted-Justice</span> Former anti-child porn group in California and Oregon, US

Perverted Justice Foundation, Inc., more commonly known as Perverted-Justice, was an American organization based in California and Oregon which investigated, identified, and publicized the conduct of adults who have used chat rooms and other social media in order to solicit online sexual conversations and in-person meetings with minors. Their website serves as an archive of collected data on these investigations, which they make available in order to assist law enforcement and the public in understanding the behavior and child grooming techniques of online hebephiles.

The National Center for Missing & Exploited Children (NCMEC) is a private, nonprofit organization established in 1984 by the United States Congress. In September 2013, the United States House of Representatives, United States Senate, and the President of the United States reauthorized the allocation of $40 million in funding for the organization as part of Missing Children's Assistance Reauthorization Act of 2013. The current chair of the organization is Jon Grosso of Kohl's. NCMEC handles cases of missing minors from infancy to young adults through age 20.

Sexual grooming is the action or behavior used to establish an emotional connection with a minor under the age of consent, and sometimes the child's family, to lower the child's inhibitions with the objective of sexual abuse. It can occur in various settings, including online, in person, and through other means of communication. Children who are groomed may experience mental health issues, including "anxiety, depression, post-traumatic stress, and suicidal thoughts."

Pedophilia is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty at age 10 or 11, and boys at age 11 or 12, psychiatric diagnostic criteria for pedophilia extend the cut-off point for prepubescence to age 13. People with the disorder are often referred to as pedophiles.

<span class="mw-page-title-main">Anti-pedophile activism</span> Form of activism

Anti-pedophile activism encompasses opposition to pedophiles, pedophile advocacy groups, child sexual abuse, and child sexual abuse material.

<span class="mw-page-title-main">Crime in Israel</span>

According to the Israel Police, the general crime rate dropped in 2020, while cyber crimes, domestic violence and sexual abuse incidents rose.

<span class="mw-page-title-main">Ages of consent in the United States</span>

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

<i>To Catch a Predator</i> American reality television series

To Catch a Predator is an American reality television series in the television news magazine program Dateline NBC featuring confrontations of host Chris Hansen, partly filmed with a hidden camera, with adult men arriving at a sting house to have sex with a minor and typically being arrested as a result. The minors are adults impersonating underage persons in online chats.

Patrick Naughton is an American software developer and convicted sex offender. He is one of the creators of the Java programming language.

Child pornography is erotic material that depicts persons under the designated age of majority. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

<span class="mw-page-title-main">James Cantor</span> American-Canadian clinical psychologist and sexologist

James M. Cantor is an American-Canadian clinical psychologist and sexologist specializing in hypersexuality and paraphilias.

<span class="mw-page-title-main">Pacific Justice Institute</span>

The Pacific Justice Institute (PJI) is a conservative legal defense organization based in California. The group, founded by attorney Brad W. Dacus, describes itself as focusing on representation relating to "...religious freedom, parental rights, and other civil liberties." PJI was declared an anti-LGBT hate group in 2014 by the Southern Poverty Law Center due to the group's long history of anti-LGBT rhetoric through its founder. The group also represents workers opposed to their employers' vaccine mandates.

The Trojan horse defense is a technologically based take on the classic SODDI defense, believed to have surfaced in the UK in 2003. The defense typically involves defendant denial of responsibility for (i) the presence of cyber contraband on the defendant's computer system; or (ii) commission of a cybercrime via the defendant's computer, on the basis that a malware or on some other perpetrator using such malware, was responsible for the commission of the offence in question.

Virtuous Pedophiles is an Internet-based mutual support and public awareness group for pedophiles who acknowledge having a sexual attraction to children but want to lead normal productive lives without abusing children. The two founders of the group, who operate under the pseudonyms Ethan Edwards and Nick Devin, have stated that the initial goal of the group was to improve the "public relations" of pedophiles "to help people see that we're not all molesters" and to help other pedophiles.

<span class="mw-page-title-main">Online predator</span> Person who commits child sexual abuse via the Internet

Online predators are individuals who commit child sexual abuse that begins or takes place on the Internet.

People v. Turner, formally The People of the State of California v. Brock Allen Turner (2015), was a criminal case in which Brock Allen Turner was convicted by jury trial of three counts of felony sexual assault.

Michael Aaron Persky is an American attorney and former judge of the Santa Clara County Superior Court from 2003 to 2018.

References

  1. Ferraro, Monique Mattei; Casey, Eoghan (2005). Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science. Cambridge, Massachusetts: Academic Press. p. 283. ISBN   978-0-12-163105-5. Archived from the original on 13 June 2014. Retrieved 5 January 2014.
  2. "In the Media". Los Angeles Criminal Defense Law Firm. Archived from the original on 16 December 2013. Retrieved 5 January 2014.
  3. "The Fantasy Defense". CBS News . May 31, 2000. Archived from the original on September 28, 2009. Retrieved August 2, 2009.
  4. 1 2 Yamagami, Donald S. (2000). "Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?". Santa Clara Law Review . 41 (2). Santa Clara, California: Santa Clara University School of Law. Archived from the original on 3 January 2014. Retrieved 3 January 2014.
  5. Young, Kimberly (2005). "Profiling Online Sex Offenders, Cyber-Predators, and Pedophiles" (PDF). Journal of Behavioral Profiling. 5 (1). Archived (PDF) from the original on 24 January 2013. Retrieved 3 January 2014.