SEXUAL EXPLOITATION OF CHILDREN

FRIDAY, MAY 27, 1977

U.S. HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON SELECT EDUCATION OF THE

COMMITTEE ON EDUCATION AND LABOR,
Los Angeles, Calif.

The subcommittee met, pursuant to notice, at 9:32 a.m., in the Student Union Building, University of California at Los Angeles, Los Angeles, Calif., Hon. George Miller presiding.

Members present: Representatives Miller, Heftel, Kildee, and Jeffords.

Staff also present: Jack G. Duncan, counsel; Joan M. Godley, staff assistant; Dr. Martin L. LaVor, minority legislative associate; and Karen Johnson, legislative assistant to Congressman Miller.

Mr. MILLER. The committee will come to order. I am Congressman George Miller of California. I will be chairing these hearings at the request of Congressman John Brademas of Indiana, who is the chairman of the Subcommittee on Select Education.

It will be the purpose of the committee meeting this afternoon to take testimony from individuals regarding the problem of the sexual exploitation and the sexual abuse of young children, both for the purposes of commercial endeavors, the sale and the making of pornographic material, and also the abuse and the exploitation of these young children within other settings in our society, also including the problems of sexual exploitation and abuse within the family.

The committee is embarked upon a series of hearings, in conjunction with the House Committee on the Judiciary, to look at this problem. We have jurisdiction over the Child Abuse Prevention and Treatment Act, and we will be looking at it from certainly that point of view, also in conjunction with the point of view of the questions of obscenity.

The Judiciary Committee is looking at the problems in terms of criminal ramifications, the questions of penal sanctions, and also the questions of the first amendment. They have held two hearings in Washington, D.C. This is our first hearing in the field. On Tuesday, the committee will be going to New York City to hold hearings there, and later in the month we will also be holding hearings in Washington, D.C.

One member of the subcommittee, Mr. Kildee of Michigan has legislation which would affect this area, and which has been offered as a suggested amendment to the Child Abuse Act, and it is under the auspices of considering the merits of that legislation, either as it stands by itself, or as an amendment to the Child Abust Act, in which these hearings were convened.

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And I want to thank all of the Witnesses who have made their time available to the subcommittee to try to enlighten us as to the extent, the ramifications, of this problem, and what we might do in terms of trying to provide some help to those individuals who find themselves in this situation, and also, possibly, to local jurisdictions who find that they must deal with it on a day-to-day basis.

I would like, now, to ask any members of the subcommittee if they have any statements that they would like to make before we call our first witness.

Mr. MILLER. Mr. Kildee?

STATEMENT OF CONGRESSMAN DALE E. KILDEE OF MICHIGAN

Mr. KILDEE. Thank you, Chairman Miller. These hearings are being held because John Brademas felt that there is a problem. We wanted to make sure that whatever legislation we might draft would have a full airing, so we would really address ourselves to a real solution to the problem.

The bill which I have introduced would make it a Federal crime, a felony, to sexually abuse children for the purpose of obtaining photographs or films with reason to believe that those films will be sent. through interstate commerce. It also, in effect, would declare that the person selling those films that have been received through interstate commerce is an accessory to child abuse, that unless there is an outlet for the evil fruits of that child abuse-that is, for photographs or films there is really no profit in it.

So, we have tried to look at the entire chain, the sexual abuse, the use of the camera in front of that sexual abuse, the sending through interstate commerce, and then declare, really, in effect, as contraband, the results of that. And I believe that you cannot argue that the person who is selling those fruits of child abuse, the photographs, you cannot argue, in my mind, that that person is not an accessory to child abuse. And if we stop the sale, we stop, really, most of the reasons for producing the pornography in the first place.

Thank you, Mr. Miller.

Mr. MILLER. Thank you.
Mr. Jeffords?

STATEMENT OF CONGRESSMAN JAMES JEFFORDS OF VERMONT

Mr. JEFFORDS. It is a pleasure to be here, and I would just like to say that I will be equally concerned about certain aspects of the particular legislation and the problems that we are faced with from the point of view of trying to find out what constitutes child abuse, what it is we are trying to deter, and whether or not we can come up with something that effectively does that.

There is always a tendency to pass laws, but oftentimes we pass the law, and it does not contribute anything to taking care of the problem. I also strongly believe that, as far as the pornography aspects are concerned, this is only a small part of a greater problem. Our committee, being concerned with child abuse generally, should be as concerned or more concerned with the child abuse problem and the sexual abuse as it affects the children rather than, perhaps, the criminal

aspects which are more importantly under the jurisidiction of the Judiciary Committee. And so my questions will be going generally in those areas.

Mr. MILLER. Thank you.

Mr. Heftel?

STATEMENT OF CONGRESSMAN CECIL HEFTEL OF HAWAII

Mr. HEFTEL. There doesn't seem to be any question that young children between the ages of 4 to 12 are being sexually abused, and abused in many other ways; but it is hard to get at these facts. Parents are reluctant to testify; they don't want to make a spectacle of their own children and families.

In families the fathers and mothers themselves are parts of the abuse itself. It isn't a question, perhaps, of whether or not we have legislation, but whether or not we have a system that can get these people, particularly the parents, who know what is going on. We need them to testify, to stop the pornography that goes on in the form of sexually abusing children in front of a camera, and then expose the criminal rings that bring young children in not for camera use, but for the gratification of adults.

Millions of children are being abused in a sexual sense. We find we are not ferreting them out, the local police know it is going on, but they don't have a way to bring the guilty to court and to convict the people involved. Whether or not we can draft legislation that will help the problem, I don't know; but it may be more a matter of how we enforce the existing laws than whether or not we need new laws. Thank you, Mr. Chairman.

Mr. MILLER. Thank you.

The first witness to appear before the committee this morning will be Mr. Robert K. Dornan, a Member of the House of Representatives from Los Angeles. Congressman?

VOICE. Mr. Chairman, the Congressman is on his way here. I know that. He will be here any moment.

Mr. MILLER. OK. Then, in that case, let me introduce Mr. John Ferraro, city councilman, city of Los Angeles, for the purposes of making a statement, and also introducing a panel consisting of Mr. Lloyd Martin and Barbara Pruitt.

Mr. MILLER. John, welcome to the committee. Please take your chair, and take your time.

[Prepared testimony of John Ferraro follows:]

TESTIMONY OF LOS ANGELES CITY COUNCILMAN JOHN FERRARO

I am Councilman John Ferraro, president pro tempore of the Los Angeles City Council.

I am much encouraged that the House Select Committee on Education is meeting in Los Angeles today to hear testimony on the grave problem of the exploitation of our children through pornography.

This is not a new problem. Obviously, it has finally reached a proportion that the people of this country are fairly shouting their outrage for some kind of decisive action.

It is very popular with the taxpaying public to say that we, as elected officials, are opposed to the use of children in pornography. What else can we say? But we can no longer afford to mouth our concern and be content with rhetoric.

We're going to have to find a solution and your presence here is an important step toward that goal.

Throughout history, the youth of any civilization have always been a vital resource. Today, in this Nation, in our community here, children have become the targets of massive physical and mental abuse and widespread exploitation. Films and publications featuring children of all ages performing every conceivable sexual act with other youngsters, and in many cases with adults, are the source of a billion dollar business.

Members of the Los Angles Police Department will give you more specific information on the extent of this problem in our city in their testimony today.

You will see from their facts and figures that the problem in Los Angeles is becoming acute. Any large city will feel the thrust of the intrusion of large numbers of young people who are running away from their homes. But the cities, in my opinion, are not able to cope with this problem. They are incapable because, in too many instances, they are pre-empted from enacting the kind of laws that must be on the books to deal with runaways and detaining children. We are preempted by the state, the Federal Government, and a much-confused interpretation of first amendment rights.

The result, as you I am sure know, is the influx of youngsters, and I mean, 8 and 9 year olds into the streets, into the depths of drug and sexual abuse, and, in all too many cases, lost for the rest of their lives.

One facet which I think you must consider in your deliberation will be the ways in which government tends to erode the family unit. Every step, I believe, must be taken to insure its perpetuation and strength.

Beyond that, law enforcement officials must be given the tools to do their job to protect these young people, in many cases, against the will of the child involved and, sadly, against the will of the parents who sometimes make a profit at the mental and physical expense of their own child.

Last week the Los Angeles City Council made an important commitment to do its part in fighting child sex exploitation. As you know all too well, it takes the financial resources as well as the spirit and letter of the law. The council appropriated nearly $300,000 to establish a child sex exploitation unit within the Los Angeles Police Department. This is one of the first units of its kind in the country to specialize in this growing problem. The city of Los Angeles took a unanimous stand on a policy of support of any state or Federal legislation specifically prohibiting the sexual exploitation of children and providing specified penalties for such offenses.

But we cannot combat the problem successfully unless there is a joint cooperative effort by all levels of government. Thank you for your leadership, and I look forward to your positive and forceful response to a problem that is growing and threatens the well-being of the heart of our nation—our children.

STATEMENT OF JOHN FERRARO, PRESIDENT PRO TEMPORE, LOS ANGELES CITY COUNCIL, ACCOMPANIED BY LLOYD MARTIN, SEXUAL EXPLOITATION OF CHILDREN UNIT LOS ANGELES POLICE DEPARTMENT; AND BARBARA PRUITT, ABUSED CHILDREN UNIT, LOS ANGELES POLICE DEPARTMENT

Mr. FERRARO. Yes; thank you, Mr. Chairman, and members of the committee. I want to welcome you to Los Angeles. I think it is very significant that you come here to Los Angeles, and we are encouraged that this committee is meeting in Los Angeles to hear testimony on the grave problem of the exploitation of our children through pornography.

This is not a new problem. Obviously, it has reached such proportion that the people of this country are fairly shouting their outrage and demanding some kind of decisive action.

It is very popular with the taxpaying public to say that we, as elected officials, are opposed to the use of children in pornography. What else can we say? But we can no longer afford to mouth our concern and be content with rhetoric. We are going to have to find a

solution, and your presence here today is an important step toward achieving that goal.

Throughout history, the youth of any civilization has been a vital resource. Today, in this Nation, in our community here, children have become targets of massive physical and mental abuse and widespread exploitation. Films and publications featuring children of all ages performing every conceivable sexual act with other youngsters, and in many cases with adults, are the source of a $1 billion business.

Members of the Los Angeles Police Department will give you more specific details and information on the extent of this problem in our city in their testimony today.

Last week, the Los Angeles City Council made an important commitment to do its part in fighting child sex exploitation. As you know all too well, it takes the financial resources as well as the spirit of the law to combat the problem. The council appropriated nearly $300,000 to establish a child sex exploitation unit within the Los Angeles Police Department. This is one of the first units of its kind in the country to specialize in this problem.

The city of Los Angeles has taken a stand on a policy to support any State or Federal legislation specifically prohibiting the sexual exploitation of children, and providing specific penalties for such offenses. And we thank you, Congressman Kildee, for your introduction of your law.

But we cannot combat the problem successfully unless there is a joint cooperative effort by all levels of government. I look forward to a positive and forceful response to the problem that is growing and threatening the well-being of the heart of our Nation our children.

Mr. Chairman, I have to, actually, return to the council, but I really can't emphasize the reason for this special unit is, it has been operating under the juvenile division, but we felt that it was so important, and we wanted to call the attention to the problem, that we wanted a special unit with its own leadership in the police department; and we have that in our budget, and we think it will do a good job.

Mr. MILLER. If I could John, I understand your schedule; I would just like to know, just quickly, if you could give us a thumbnail sketch of the type of evidence which caused the council to bring about—I mean, it is a rather significant appropriation you made to the police department for this problem within the city.

Mr. FERRARO. Mr. Chairman, Lloyd Martin, who is here today from our police department, Chief Gates, and Lieutenant LaGuardia have come into my office, and I have seen the materials. We have-my staff has gone into the Hollywood area. My area is part of Hollywood. We have seen the evidence, and I am sure that if you have the opportunity to see the information that they have, and the accumulation of details, you will be flabbergasted.

Mr. MILLER. Thank you. Any other questions?

Mr. JEFFORDS. Just one brief one. When did this appropriation come about? When was this special force created?

Mr. FERRARO. We-in fact, yesterday, the Los Angeles City Council adopted its budget. The mayor has to submit a budget to the council, and then we have a certain period of time to do anything we want to do with it. The finance committee, at my suggestion, appro