MA- State puts porn pervs in sights

3-26-2009 Massachusetts:

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?” ..News Source.. by Dave Wedge