Book review: A Long, Dark Shadow: Minor-Attracted People & Their Pursuit of Dignity

Allyn Walker, A Long, Dark Shadow: Minor-Attracted People & Their Pursuit of Dignity (Berkeley: University of California Press, 2021), 236 pp., $30.

This book aroused a maelstrom of controversy. At the time of its publication, the author Allyn Walker (who uses they / them pronouns and identifies as non-binary) held the position of assistant professor of sociology and criminal justice at Virginia’s Old Dominion University, in the United States. The book was published in June 2021, and attracted little attention outside academia until Allyn gave an interview to an organization named Prostasia, posted as text on the 7th of November and video on the 8th.

“Prostasia” derives its name from the Greek word for “protection,” intended to signify the organization’s status as a “child protection organization.” Prostasia emphasizes what the organization sees as a sex-positive ethos, supporting sex education for young people alongside the prevention of unlawful erotic activity between minors and non-minors.

Jeremy Malcolm, the group’s director, engages regularly in online Twitter discourse and attracts swaths of hostile attention. Prostasia had become controversial before the Walker interview, with the Youtuber “Sh0eonhead” publishing an incendiary video entitled “Exposing the CREEPY ‘Child Protection’ Organization: ‘Prostasia.’” At the time of writing, the video has garnered more than one million views. This led to a sustained period of hostile attention for Prostasia, with influential media figures online suggesting to their large audiences that the organization represents nothing more than a clandestine front working to normalize illegal erotic activity involving minors.

The stage was set for what would become “The Allyn Walker Controversy”: Prostasia had already been under heavy scrutiny, its posts monitored by media pundits and marked out as a target for incendiary twitter discourse and alternative media outlets. It can be confidently asserted that Walker’s decision to video interview with Prostasia, not the contents of the book or scholarship itself, are what aroused controversy. In giving a publicly available video interview, Walker was clipped with short segments posted by politically right-wing social media accounts like Twitter’s “Libsoftiktok,” before media publicity was bolstered by attention in mainstream press. In particular, the self-identified feminist TERF (Trans Exclusionary Radical Feminist) publication 4W, which often attempts to link advocacy for transgender minors with “grooming,” published on Walker multiple times (e.g. here and here). Having the example of a non-binary professor who could be made to appear sympathetic to unlawful sexual activity, scandalizing Walker’s attempt to explore new ways of preventing such activity by treating MAPs as human beings, fits neatly into the agenda of linking transgenderism with grooming. At the time, Walker’s book was only available in print, and through a PDF version now available freely online (see here), Amazon users who had not purchased the book “review bombed” the page with hostile, one-star comments, until Amazon stepped-in to only allow reviews from verified purchasers and review rankings increased.

Behind the scenes, a diverse coalition of scholars mobilized to mitigate the controversy. An open letter (here) signed by experts was sent to the Old Dominion administration and subsequently publicized across media discussions. Some of the most notable signatories included psychologist Michael C. Seto, whose book Pedophilia and Sexual Offending Against Children is the flagship text on the subject, published by the American Psychological Association with a second edition in 2018 (PDF here); Elizabeth Letourneau, the director of the Moore Center for the Prevention of Child Sexual Abuse at Johns Hopkins University (see her article on Walker here); organization-wide endorsement from ATSA (the Association for the Treatment of Sexual Abusers); and the William Percy Foundation’s own Thomas K. Hubbard (his personal letter to the university president can be downloaded here). In an unprecedented display of solidarity, the academic community banded together to defend academic freedom and the right to engage in sensitive / incendiary research. Walker was further supported by the Foundation for Individual Rights in Education (FIRE). However, after protests had littered the Old Dominion campus with graffiti and police judged death threats against Allyn to be credible, the letter’s publication coincided with the news that Walker would be stepping down. Ostensibly a joint decision by Allyn and the university administration, Walker was escorted safely off-campus under the protection of armed guards (read summaries of the controversy here and here).

Walker’s career was rescued, with the now ex-professor joining Elizabeth Letourneau’s CSA prevention center as a postdoctoral fellow on May 25, 2022, where Walker has since remained.

In the fast-paced environment of sensationalist social media, the major focus centered on short, sound-bite clips of Allyn’s Prostasia interview. Following a familiar trend sociologist Yuill (2013) identifies, whereby research addressing some aspect of intergenerational sexuality is responded to in media via a “rent-a-quote” manner (p. 130), online discourse tended to ignore Walker’s most substantial and evidenced content: the very book which Allyn was interviewed to promote. It seems timely, then, to lift the veil and assess what Allyn actually wrote.

How did Allyn get here?

Researchers have their own unique journeys leading them to begin writing and publishing on controversial topics, such as the one at hand. In Allyn’s case, the book’s preface informs readers of the author’s previous work as a sexual abuse counselor, and gradual disillusionment with how the U.S. legal system treated those who felt and reported that they had been sexually mistreated.

Contemporary abolitionist thinkers such as Taylor (2019; reviewed on the Foundation website here), for example, have criticized the U.S. government’s withholding of funding from rape crisis centers that refused to comply with mandatory reporting requirements, effectively forcing females who sought assistance to be implicated in potentially distressing, traumatic / harmful legal intervention against their will. In a similar vein, Walker came to sympathize with an abolitionist perspective after witnessing how many women would turn to illegal substances (“drug-use”) to cope with their psychological distress, only to be punished by the legal system, incarcerated, and subjected to further psychological distress. Becoming “less sure that small steps could ever be enough to fix the system,” Allyn was haunted by the question “But what about the pedophiles?”

For years, Walker was caught in a bind, holding abolitionist principles but struggling not to balk on them. “Well, we would say, we’ll always have some need for prisons.” Years later, Walker discovered the existence of people who are attracted to minors but have never engaged in unlawful behavior relating to them, who had no intention to do so in the future, and who were willing to discuss their life history. As Walker explains:

“Suddenly the pattern of ‘truths’ I believed […] – their supposed lack of morality, the inevitability of them becoming offenders – unravelled around me.” (p. xii)

Having learnt of “non-offending” MAPs, Walker attended an event organized by B4U-ACT, a charity aiming to make therapy services available to MAPs and to promote research into community samples of MAPs. In the book’s introduction, Walker describes meeting “Cameron” (all informant names in Walker’s book are pseudonyms) at the author’s first B4U-ACT workshop. The meeting was designed to promote dialogue between MAPs, therapists and researchers, with Walker and Cameron both being nervous students and interested in minor-attraction, and Cameron being a psychology student in his 30s. Next year, at the same conference, Walker recognized Cameron, who was still nervous, but this time he addressed the room to openly express his identity as a MAP. Cameron disclosed that he felt attracted to minors as young as eight, and Walker later discovered that Cameron had only come out to three people in his personal life: his partner and two friends. Even as a non-exclusive MAP, Cameron felt American society so heavily stigmatized minor-attraction regardless of a person’s behavior, that he did not feel safe or comfortable coming out to his parents, nor attendees at that same workshop a year prior. Living “perpetually in the closet,” he felt this non-normative aspect of his attractions “cast a long, dark shadow.” (p. 2) Walker had found the title for the book.

The research

Walker’s book presents findings from semi-structured interviews with a community-based sample of 42 MAPs. For inclusion, subjects had to be over 18 years of age and have no conviction history for sex crimes involving minors. Walker’s sample was very similar: 20 informants lived in America, 90% were white, most identified as male with three identifying as female (and one as agender). Most were aged in their 20s or 30s. From the outset, Walker’s sample choice challenges dominant misconceptions about MAPs as old, male, criminal, devoid of faith or ethical concerns, as well as emphasizing the distinction between attraction and action and MAPs and sex offenders. Walker’s introduction explicitly addresses three misconceptions with a dedicated section for each. These are:

1) All pedophiles are offenders;

2) All people attracted to minors are pedophiles; and

3) Stigmatizing MAPs protects children.

The second misconception is emphasized later by discussion of both exclusive and non-exclusive MAPs’ decision to enter romantic / sexual relationships with other adults, a topic which has received scant attention until recently (see Mundy et al., 2022). Most MAPs in Walker’s sample who dated other adults were non-exclusive. However, some non-exclusive MAPs, but mostly exclusive MAPs, declined to date adults for the same moral principle: the belief that their relationship would be based on a lie, and therefore unfair to their partner. (pp. 95-96)

For the last misconception, Walker cites research that minor-attraction is typically realized in adolescence, resistant to change and endures throughout a person’s life. Therefore, Allyn argues, shaming MAPs for their attractions will not make them go away. In addition, upon realizing the uniqueness of their attractions, Walker’s informants often experienced suicidality, depression, feelings of loneliness and isolation, usually from adolescence into later years. The stress of enforced secrecy around taboo feelings, stigma in everyday life, and fears of being stigmatized / treated as de-facto criminals by therapists, discouraged help-seeking from those who felt they needed it.

The present era, Walker explains, has recently seen an upsurge in abolitionist sentiment around incarceration, with movements like Black Lives Matter (BLM) which, in Walker’s view, “ask us to imagine a society in which police and prisons are no longer considered necessary, because people receive the support they need before they commit a crime.” (p. xii)  For Walker, “Prevention does not come from stigma, police, or prisons, but from support and understanding.” (p. xiii)

As Walker’s focus is on prevention, the book argues for a potential benefit to maintaining shame around unlawful activity. Unlike minor-attraction which is resistant to change, unlawful activity can be prevented, rather than simply reacted to after-the-fact. At the present time where MAPs are stigmatized regardless of their actions, Allyn maintains that such a situation risks pushing people towards internalizing the social stigma that to be a MAP is to be a sex offender. If the dominant message MAPs receive is “you are destined to offend,” then little space is available for MAPs to not regard themselves as inevitable criminals, as “ticking time-bombs.” (p. 12) For Allyn, it is partly because of this assumed criminality that so few options focusing on prevention exist in the United States. Accordingly, Walker decided to study what they call “resistance strategies” among their sample: how and why do MAPs avoid engaging in erotic activity with minors despite a hostile environment and the risk of being outed and/or treated as “ticking time bomb” for disclosing their attraction?

MAPs coming out of the closet?

Although Walker avoided using phrases such as “coming out” and “closeted” during interviews, Walker’s informants often used these terms. In the interest of being faithful to their own language, Walker chose to use the term “coming out” / “come out” to refer to MAPs’ disclosures of their attractions to others. Usually, MAPs came out to family, friends, or both. Perhaps surprisingly, the majority of informants found supportive responses from the people they disclosed to. Even so, the risk of stigma is high, potentially affecting not only the individual coming out, but also those receiving the disclosure.

In meeting MAPs for the research project Walker was haunted by their sensitivity and introspection around author’s identification as a transgender LGBT individual. Walker notes, for example, that similar to LGBT individuals who have been shown to find comfort in religion despite homophobic teachings (p. 97), some MAPs in the sample found comfort in religious involvement (particularly Christianity) which provided a sense of meaning and purpose despite hostility. Elsewhere, Walker has argued that MAPs face similar dilemmas to other sexual / erotic minorities, with the author’s first scholarly article  titled “Minor Attraction: A Queer Criminological Issue.” (2017)

There, Walker wrote that MAPs “resemble other queer communities due to shared perceptions of illegitimacy and stigma by ‘conventional’ others. Emerging research shows that upon disclosing their attractions to friends and family, some MAPs find support, while many encounter negative reactions, including suspicion, threats, being labeled as ‘perverts,’ loss of friendships, increased stress levels, and the fear of being outed (Freimond 2009). One MAP explained,

When you come out, people have power over you. Not only because they can tell people and ruin your life, even if you haven’t done anything illegal. But they have power over you because they can call you names, or they can tell you that you’re sick or wrong. … So it makes you very vulnerable, and it can change the power dynamic of your relationships or friendships quite a lot. And it can be very frustrating and intimidating if people don’t agree with you, because they have the weight of society and social norms behind them. (Freimond 2009: 60)

These experiences parallel those faced by LGBT individuals who disclose their own sexual identities: […] hostile attitudes, shock, confusion, changes in relationships, harassment, discrimination, and compromised safety.” (Walker 2017, p. 41)

Similar to other experts (e.g. Seto, 2012; Mundy, 2020; Cash, 2016), Walker argued that the evidence for pedophilia as a sexual orientation is “overwhelming.” Walker has previously examined how MAPs have a diverse relationship to “queer-spectrum identities” – with MAPs adopting and disavowing queer / LGBT labels for a variety of reasons (see Walker, 2019). In this 2021 book, Walker’s second chapter – “Leading a double-life”focuses on the decision to come out or stay closeted.

The experience of coming out

Most informants experienced largely positive reactions, with Desmond, for example, being permitted to look after his young cousin by his aunt, to whom he had come out. Understanding and supportive, Desmond found the trust of his aunt validating for his self-perception as a safe individual not to be afraid of. (p. 60)

There were, however, negative consequences, with about one-third of Walker’s sample who had come out feeling rejected. This sometimes led to the end of significant relationships. Brooke, a lesbian, non-exclusive MAP, decided to come out after her girlfriend divulged experiencing an erotic response when holding her young niece. Brooke assumed her partner was divulging some form of minor-attraction, but her partner did not respond in a supportive manner. As Brooke recalls:

[W]e started talking about it, and it turned into her forgetting that she’d ever mentioned anything, and immediately researching, and trying to find ways of how to “fix” me, and panicking, and freaking out. The fact that […] we lived on the same block as a high school and an elementary school was crazy for her, because she couldn’t handle the fact that there is no way I would simply grab a random stranger and force myself on them…. […] saying well here’s this chemical castration. (pp. 67-68).

Brooke’s partner’s unsupportive attitude strained their relationship, and ultimately led to its end when Brooke was outed by her ex-partner to her now former mutual friends. Reading Walker, it becomes clear that the figure of the monstrous pedophile, not law-abiding MAPs living in the community, is what hatred and hostility is generally directed towards. Meeting MAPs in real-life, viewing media which depicts MAPs in a less hostile / stigmatizing way, seems to break down misconceptions and assumptions. Lee, for example, who felt “physically ill” (p. 79) hearing comments from friends at work describing how all MAPs should be killed or brutally tortured, resolved this by coming out to them. His friends apologized about their past remarks and realized how problematic they were. Lee said:

A couple of them, after I told them, they were like, “Oh. Oh my God, I am so sorry. Everything I said, I didn’t really mean it.” And instantly regretted saying these things to my face and it completely changed their opinion of the whole thing. (p. 62)

Walker’s sample suggests that how a MAP comes out appears to have some relationship to how a disclosure is received. Mitchell, for example, on the advice of a MAP friend with whom he attended church, felt his pastor would be accepting and disclosed to him that he was “attracted to teenage boys.” (p. 61) He did not mention the word “pedophile” and specified “teenage,” rather than “children,” a term which could be misleading when referring to post-pubescent, developmentally sexually mature individuals, and perhaps more controversial. Mitchell’s pastor did not see his disclosure as cause for alarm, even commenting that Mitchell’s need to be more careful around minors explains why he is so good at working with them. Similarly, non-exclusive gay MAP Robin, in coming out to his (male) partner, expressed himself by beginning with “I’m attracted to younger guys.” (p. 63). Avoiding the term pedophile, he continued: “Um, but like I’m attracted to teenagers and like pubescent boys and even like sometimes younger guys.” (Ibid.) Robin described his partner’s reaction as extremely supportive: “He’s incredibly supportive, actually. I mean, he seemed to have few, if any, of the hang-ups that I have about it. He was just like, “Well of course like you’re attracted to younger guys, and a lot of people are and like, it’s not unusual and it’s not an issue for me and like, we’ll deal with it.” (Ibid.)

Most of Walker’s sample were in their 20s or 30s, and disclosed their attractions during time-sensitive periods such as university attendance where, eventually, they or their potentially unsympathetic counterpart would return home or move out of the dormitory. It should be noted, however, that coming out to family and friends has been claimed to be the single most important, research-backed way of creating social change (here). If MAPs are concerned about Anglophone discourse rendering MAPs as “monsters,” and wish to inject a human face and real-life stakes into this discourse, then coming out to trusted persons in real-life is likely the most impactful thing an individual can do, as has recently been argued in the Journal of Controversial Ideas (Vaerwaeter, 2022).

In a negative consequence directly resulting from a lack of anti-discrimination protections for MAPs, Issac, a young MAP who had enrolled in a master’s program in mental health counselling, described his experience as follows:

I came out to a small group of students, […] we had an instructor and he told us to share something that we were really dealing with. And I said, “If I share mine everyone will reject me.” One of the female students said, “I’m upset at that, we would not reject you.” So I went ahead and told them, and they took it well at first, then they promptly distanced themselves from me, ignored me. And the teacher, the instructor, broke the confidentiality that we were assured of, and told the administration. And they … told me I had to leave the residency. … So they sent me home. That’s where I was probably most devastated. I was very stressed and anxious. I would shake without any cause for it. (pp. 69-70)

“Isaac,” Walker explains, “took legal action against the school because their handbook stipulated that they did not discriminate on the basis of sexual orientation. In the process, he was outed to the judge, attorneys, and others involved in the case. Despite his efforts, he lost the case.” (p. 70)

Some reactions resulted in even more extreme consequences. One man (Quentin) raised two sons alone after his wife died of cancer, and came out to them when they were 18 and 20, respectively. Quentin misjudged the trust and capacity of his sons to see past labels: they reacted violently, outing their father to the community which led to physical confrontations in the street. Quentin sought a therapist, who only worsened his situation by reporting him to police on the basis of his attraction alone. Fearing for his life, Quentin burned his belongings and chose to live out of a tent until he eventually moved out of the country. His situation, though extreme, was well-known and alluded to by many of Walker’s informants, being given as an example of why MAPs should distrust mental health professionals (see p. 69).

Living ethically despite stigma

Having a lack of legal recourse on the basis of a pedophilic / MAP identity, the underlying question is whether MAPs (or those perceived as MAPs), ought to have hate-crime law apply to an assailant who attacked them or damaged their property based on their perceived identity. Scholars have explored the issue, with McDonald (2014) and Haas (2021) arguing that MAPs or suspected MAPs should be protected under hate crime law, and Purshouse (2020) arguing that MAP “hunter” vigilante groups should not be permitted in liberal democracies without a more robustly enforced regulatory regime to protect the due process rights of the accused. Given Walker’s abolitionist sentiments, it is surprising that Walker does not integrate the topic of stigma and de-stigmatization alongside anti-discrimination / hate-crime legislation. Although we suspect this is because merely entertaining the possibility of minor-attraction becoming a protected characteristic under law could appear as advocacy, this topic could be another possible avenue for increasing the likelihood that MAPs will feel safe coming out to professionals and friends for support.

An unexplored method of addressing internalized stigma could involve MAPs learning about their own history, exploring online archives such as Newgon.net, which inform readers of relevant research around influential MAP figures such as Lewis Carroll, historical alliances and mutual support between MAPs and LGBT groups, and anthropological findings concerning normative intergenerational eroticism (see Bauserman, 1989).

While it is easy to assume that fear over being shunned or physically attacked after coming out looms over MAPs, in the reality of Walker’s sample, reactions from family and friends were largely supportive. As German LGBT rights advocate Rüdiger Lautmann (1994) found in a German community sample of pedophilic MAPs, such individuals often develop what Lautmann called an “ethics of pedophilia.” Quite apart from scholars like Moen (2015) and Walker who see attraction itself as morally neutral, MAPs have to find a way of living in the world despite hostility directed toward them.

Oliver, for example, explained that his parents asked him to keep his minor-attraction a secret from “other members of his family for fear of being ostracized.” Oliver felt compelled to secrecy “to protect the other people that I cared about,” or “in other words,” Walker explains, “to protect his parents from the stigma of being associated with a pedophile.” Displaying his own ethics, Oliver inhibited himself to “protect his parents.”

Within these sections, readers get the occasional glimpse into how informants’ responses affected the author. Immediately following the above quote, Walker writes:

“I had trouble placing this in a section about accessing support, because these reactions didn’t feel supportive to me. Upon coming out, […] Oliver’s father used language that implied he thought Oliver had committed a crime. […] Why did my participants identify these reactions as positive? […] perhaps because they were expecting to be rejected, or even physically harmed, so anything other than that felt like support.” (p. 66)

Quotes like these are probably the most controversial part of the book, marking Walker out as a target by showing compassion for the struggles and sufferings of a highly stigmatized minority population which lacks a large base of popular support. As Walker discusses in chapter 6, subtitled “Towards a shift in attitudes,” in 2018 online popular platforms such as Reddit, Tumblr, and Twitter began systematically removing accounts which expressed support for non-offending MAPs, including Allyn’s own researcher account on Tumblr. This significantly reduced the possibilities for MAPs to find online support to live law-abiding lives and to have non-hostile discussion of minor-attraction conducive to good mental health.

Pro-choice?

In chapter 4, under the heading “Motivations for not offending,” Walker details their surprise that the majority of MAPs avoided illegal eroticism with minors for the same reason: to avoid harming minors. Walker explores what they title “pro-choice” (or “pro-c”) versus “anti-contact” (or “anti-c”) MAPs.

The interesting point for laypeople and researchers who are not familiar with the internal debates and politics of MAP spaces, is that MAPs agreed that not harming children was their primary motivation, but disagreed about what would cause harm. Walker summarizes this as a gap between MAPs who identified as “pro choice” versus “anti contact.” Once again, being faithful to the book’s informants, Walker notes that pro-choice MAPs felt anti-contact MAPs who labelled them “pro-contact,” were smearing and misrepresenting them, attempting to de-legitimize their arguments. Throughout the chapter, Walker therefore uses the term “pro-choice.”

A central debate in MAP communities to be aware of, anti-contact MAPs argue that even in a hypothetical future society where cross-generational eroticism within a MAPs’ age / developmental stage of attraction were legally / socially acceptable, they as MAPs would not engage in such activity and it would be wrong to do so. By contrast, pro-choice MAPs, Walker explains, pointed to various empirical / philosophical scholarship which they believed to demonstrate that not all cases of minor-older eroticism were harmful to the younger party, including historical accounts of past societies where such relations were normative and/or tolerated (see our review of Unspeakable here for a case study about Norman Douglas and Victorian Britain).

All MAPs across both camps were adamant that forcing young people to engage in erotic behavior, or behaviors they were unwilling to do, would not be acceptable. However, pro-choice MAPs argued that when mutually willing cross-generational eroticism occurs, the harm arises from extrinsic social forces such as social stigma, need for secrecy, and, if discovered, the often adversarial interventions of therapists who may be mandated to overwrite a young person’s initial positive self-perception for the police and legal proceedings.

Walker’s response to pro-choice MAPs is to argue that “pro-choice logic fails to account for developmental differences between children and adults that make young people unable to consent to sexual activity.” (p. 109)  Walker’s argument rests on assumptions about developmental differences for which no supportive evidence is provided in the book, and pro-choice MAPs of the kind Walker interviewed would likely find the invocation of this standard argument unconvincing. Nonetheless, Walker does see the pro-choice view as potentially beneficial for crime prevention, writing that “the pro-choice view about ‘sociogenic harm’ has been harnessed by both pro-choice and anti-contact MAPs to convince pro-choice MAPs against committing an offense.” (p. 110) “Aiden,” for example, “pointed to his own empathy as preventing him from acting on his attractions – despite believing that sexual relationships could be possible between adults and minors, he said, ‘I feel too much for [boys]’ to commit an offense that would have harmful aftermath.” (Ibid.)

Conclusion: Shades of Rind?

Walker’s book contributes greatly to our knowledge of the self-perception of law-abiding MAPs, and represents a new standard for the baseline of respect that researchers ought to have when conducting any kind of participant research, especially with stigmatized minorities. After all, why would MAPs want to work with researchers who would twist their words or deny and overwrite their self-perceptions?

Walker’s statement to Prostasia that attraction is morally neutral led to the loss of the author’s employment, yet it is surprising how reasonable is Walker’s book when considered in relation to the hostility expressed online and on the Old Dominion campus. Allyn Walker attests, after all, to be against any occurrence of illegal intergenerational activity a priori.

The Allyn Walker controversy demonstrates that it is not only researchers who are bold enough to report on the realities of mutually willing intergenerational erotic encounters who will risk their careers, such as historian Amanda Littauer (2020) in her seminal article on lesbian exemplars. One would think that, if any and all intergenerational erotic encounters involving legal minors are what an individual opposes first and foremost, then efforts to assist those who have not engaged in illegal activity to refrain from doing so should be met with encouragement and positive appreciation. In the climate of the 2020s, prevention researchers like Walker – who dare to speak on how stigmatizing MAPs for their attractions can leave them hopeless and internalizing the idea that they are “ticking time-bombs” – also find their careers at risk.

For some, the emotion they have attached to the subject, or the images they have in their head, may make any evidence-based discussion which does not validate their strongly held beliefs beyond the pale. In a three-hour Youtube interview (link) with influential activist Tom O’Carroll, author of multiple scholarly articles, blog posts at his personal website (link), and the books Paedophilia: The Radical Case (1980, PDF here) and Michael Jackson’s Dangerous Liaisons (2010, review here [Bailey]), respectively, psychology student Danny Whittaker’s reasoned demeanor breaks down by the end of the conversation. Transcribed, Whittaker drops the proverbial “mask” and in a remarkable display of honesty, says the following:

This conversation … it sort of pushes … it’s at the limits of what I thought were my principles. So for instance, like we were just saying about this appeal to emotion and identity politics, […] I’m dead against it. Facts over feelings any day of the week. But then, just then, I’ve quite openly said I’ll throw all those – what I considered principles – out the window. And say that, at an emotional level, I don’t care what the facts are, I’ve got my emotional response.

Whittaker remarks, “It’s good for the academics and the nice little studies that show it’s not harmful […] good for all these radical left-wingers that want sexual emancipation for everyone […] I don’t care […] Even if you could prove to me, sort of Minority Report-style that it wouldn’t be harmful, I’m not going to allow that to happen. That’s never going to happen.” He closes this segment with a powerful statement: “I just think it’s one of those topics that, […] the emotion kicks in at such a high level, I don’t know that anyone’s ever going to get past it.”

While Whittaker’s evidently distressing imagining of that is never described for the interviewee or the viewers, his sentiment echoes Diederik F. Janssen, MD, a cultural anthropologist who has produced the largest cross-cultural anthropological survey of youth and intergenerational sexuality ever conducted (2002). “Society,” he wrote, “will not be checkmated by the facts of life” (2013).

After the Rind et al. controversy some two decades ago, multiple scholarly articles dissected the condemned paper, with one bearing the telling title “Politically Incorrect, Scientifically Correct.” (2000) Influential queer theorist Kathryn Bond Stockton, after discussing the controversy in her 2009 book The Queer Child, neatly captures this disturbing zeal to cast out evidence. “Congress,” Stockton notes, “has acted only once to resolve against science: in order to say that children must be harmed.” (p. 70) In the fallout over Walker’s research into preventing legally defined CSA, the Anglophone masses appear to have voiced their preferred outcome.

Book Review – A Long Dark Shadow

Allyn Walker, A Long, Dark Shadow: Minor-Attracted People & Their Pursuit of Dignity (Berkeley: University of California Press, 2021), 236 pp., $30.

This book aroused a maelstrom of controversy. At the time of its publication, the author Allyn Walker (who uses they / them pronouns and identifies as non-binary) held the position of assistant professor of sociology and criminal justice at Virginia’s Old Dominion University, in the United States. The book was published in June 2021, and attracted little attention outside academia until Allyn gave an interview to an organization named Prostasia, posted as text on the 7th of November and video on the 8th.

“Prostasia” derives its name from the Greek word for “protection,” intended to signify the organization’s status as a “child protection organization.” Prostasia emphasizes what the organization sees as a sex-positive ethos, supporting sex education for young people alongside the prevention of unlawful erotic activity between minors and non-minors.

Jeremy Malcolm, the group’s director, engages regularly in online Twitter discourse and attracts swaths of hostile attention. Prostasia had become controversial before the Walker interview, with the Youtuber “Sh0eonhead” publishing an incendiary video entitled “Exposing the CREEPY ‘Child Protection’ Organization: ‘Prostasia.’” At the time of writing, the video has garnered more than one million views. This led to a sustained period of hostile attention for Prostasia, with influential media figures online suggesting to their large audiences that the organization represents nothing more than a clandestine front working to normalize illegal erotic activity involving minors.

The stage was set for what would become “The Allyn Walker Controversy”: Prostasia had already been under heavy scrutiny, its posts monitored by media pundits and marked out as a target for incendiary twitter discourse and alternative media outlets. It can be confidently asserted that Walker’s decision to video interview with Prostasia, not the contents of the book or scholarship itself, are what aroused controversy. In giving a publicly available video interview, Walker was clipped with short segments posted by politically right-wing social media accounts like Twitter’s “Libsoftiktok,” before media publicity was bolstered by attention in mainstream press. In particular, the self-identified feminist TERF (Trans Exclusionary Radical Feminist) publication 4W, which often attempts to link advocacy for transgender minors with “grooming,” published on Walker multiple times (e.g. here and here). Having the example of a non-binary professor who could be made to appear sympathetic to unlawful sexual activity, scandalizing Walker’s attempt to explore new ways of preventing such activity by treating MAPs as human beings, fits neatly into the agenda of linking transgenderism with grooming. At the time, Walker’s book was only available in print, and through a PDF version now available freely online (see here), Amazon users who had not purchased the book “review bombed” the page with hostile, one-star comments, until Amazon stepped-in to only allow reviews from verified purchasers and review rankings increased.

Behind the scenes, a diverse coalition of scholars mobilized to mitigate the controversy. An open letter (here) signed by experts was sent to the Old Dominion administration and subsequently publicized across media discussions. Some of the most notable signatories included psychologist Michael C. Seto, whose book Pedophilia and Sexual Offending Against Children is the flagship text on the subject, published by the American Psychological Association with a second edition in 2018 (PDF here); Elizabeth Letourneau, the director of the Moore Center for the Prevention of Child Sexual Abuse at Johns Hopkins University (see her article on Walker here); organization-wide endorsement from ATSA (the Association for the Treatment of Sexual Abusers); and the William Percy Foundation’s own Thomas K. Hubbard (his personal letter to the university president can be downloaded here). In an unprecedented display of solidarity, the academic community banded together to defend academic freedom and the right to engage in sensitive / incendiary research. Walker was further supported by the Foundation for Individual Rights in Education (FIRE). However, after protests had littered the Old Dominion campus with graffiti and police judged death threats against Allyn to be credible, the letter’s publication coincided with the news that Walker would be stepping down. Ostensibly a joint decision by Allyn and the university administration, Walker was escorted safely off-campus under the protection of armed guards (read summaries of the controversy here and here).

Walker’s career was rescued, with the now ex-professor joining Elizabeth Letourneau’s CSA prevention center as a postdoctoral fellow on May 25, 2022, where Walker has since remained.

In the fast-paced environment of sensationalist social media, the major focus centered on short, sound-bite clips of Allyn’s Prostasia interview. Following a familiar trend sociologist Yuill (2013) identifies, whereby research addressing some aspect of intergenerational sexuality is responded to in media via a “rent-a-quote” manner (p. 130), online discourse tended to ignore Walker’s most substantial and evidenced content: the very book which Allyn was interviewed to promote. It seems timely, then, to lift the veil and assess what Allyn actually wrote.

How did Allyn get here?

Researchers have their own unique journeys leading them to begin writing and publishing on controversial topics, such as the one at hand. In Allyn’s case, the book’s preface informs readers of the author’s previous work as a sexual abuse counselor, and gradual disillusionment with how the U.S. legal system treated those who felt and reported that they had been sexually mistreated.

Contemporary abolitionist thinkers such as Taylor (2019; reviewed on the Foundation website here), for example, have criticized the U.S. government’s withholding of funding from rape crisis centers that refused to comply with mandatory reporting requirements, effectively forcing females who sought assistance to be implicated in potentially distressing, traumatic / harmful legal intervention against their will. In a similar vein, Walker came to sympathize with an abolitionist perspective after witnessing how many women would turn to illegal substances (“drug-use”) to cope with their psychological distress, only to be punished by the legal system, incarcerated, and subjected to further psychological distress. Becoming “less sure that small steps could ever be enough to fix the system,” Allyn was haunted by the question “But what about the pedophiles?”

For years, Walker was caught in a bind, holding abolitionist principles but struggling not to balk on them. “Well, we would say, we’ll always have some need for prisons.” Years later, Walker discovered the existence of people who are attracted to minors but have never engaged in unlawful behavior relating to them, who had no intention to do so in the future, and who were willing to discuss their life history. As Walker explains:

“Suddenly the pattern of ‘truths’ I believed […] – their supposed lack of morality, the inevitability of them becoming offenders – unravelled around me.” (p. xii)

Having learnt of “non-offending” MAPs, Walker attended an event organized by B4U-ACT, a charity aiming to make therapy services available to MAPs and to promote research into community samples of MAPs. In the book’s introduction, Walker describes meeting “Cameron” (all informant names in Walker’s book are pseudonyms) at the author’s first B4U-ACT workshop. The meeting was designed to promote dialogue between MAPs, therapists and researchers, with Walker and Cameron both being nervous students and interested in minor-attraction, and Cameron being a psychology student in his 30s. Next year, at the same conference, Walker recognized Cameron, who was still nervous, but this time he addressed the room to openly express his identity as a MAP. Cameron disclosed that he felt attracted to minors as young as eight, and Walker later discovered that Cameron had only come out to three people in his personal life: his partner and two friends. Even as a non-exclusive MAP, Cameron felt American society so heavily stigmatized minor-attraction regardless of a person’s behavior, that he did not feel safe or comfortable coming out to his parents, nor attendees at that same workshop a year prior. Living “perpetually in the closet,” he felt this non-normative aspect of his attractions “cast a long, dark shadow.” (p. 2) Walker had found the title for the book.

The research

Walker’s book presents findings from semi-structured interviews with a community-based sample of 42 MAPs. For inclusion, subjects had to be over 18 years of age and have no conviction history for sex crimes involving minors. Walker’s sample was very similar: 20 informants lived in America, 90% were white, most identified as male with three identifying as female (and one as agender). Most were aged in their 20s or 30s. From the outset, Walker’s sample choice challenges dominant misconceptions about MAPs as old, male, criminal, devoid of faith or ethical concerns, as well as emphasizing the distinction between attraction and action and MAPs and sex offenders. Walker’s introduction explicitly addresses three misconceptions with a dedicated section for each. These are:

1) All pedophiles are offenders;

2) All people attracted to minors are pedophiles; and

3) Stigmatizing MAPs protects children.

The second misconception is emphasized later by discussion of both exclusive and non-exclusive MAPs’ decision to enter romantic / sexual relationships with other adults, a topic which has received scant attention until recently (see Mundy et al., 2022). Most MAPs in Walker’s sample who dated other adults were non-exclusive. However, some non-exclusive MAPs, but mostly exclusive MAPs, declined to date adults for the same moral principle: the belief that their relationship would be based on a lie, and therefore unfair to their partner. (pp. 95-96)

For the last misconception, Walker cites research that minor-attraction is typically realized in adolescence, resistant to change and endures throughout a person’s life. Therefore, Allyn argues, shaming MAPs for their attractions will not make them go away. In addition, upon realizing the uniqueness of their attractions, Walker’s informants often experienced suicidality, depression, feelings of loneliness and isolation, usually from adolescence into later years. The stress of enforced secrecy around taboo feelings, stigma in everyday life, and fears of being stigmatized / treated as de-facto criminals by therapists, discouraged help-seeking from those who felt they needed it.

The present era, Walker explains, has recently seen an upsurge in abolitionist sentiment around incarceration, with movements like Black Lives Matter (BLM) which, in Walker’s view, “ask us to imagine a society in which police and prisons are no longer considered necessary, because people receive the support they need before they commit a crime.” (p. xii)  For Walker, “Prevention does not come from stigma, police, or prisons, but from support and understanding.” (p. xiii)

As Walker’s focus is on prevention, the book argues for a potential benefit to maintaining shame around unlawful activity. Unlike minor-attraction which is resistant to change, unlawful activity can be prevented, rather than simply reacted to after-the-fact. At the present time where MAPs are stigmatized regardless of their actions, Allyn maintains that such a situation risks pushing people towards internalizing the social stigma that to be a MAP is to be a sex offender. If the dominant message MAPs receive is “you are destined to offend,” then little space is available for MAPs to not regard themselves as inevitable criminals, as “ticking time-bombs.” (p. 12) For Allyn, it is partly because of this assumed criminality that so few options focusing on prevention exist in the United States. Accordingly, Walker decided to study what they call “resistance strategies” among their sample: how and why do MAPs avoid engaging in erotic activity with minors despite a hostile environment and the risk of being outed and/or treated as “ticking time bomb” for disclosing their attraction?

MAPs coming out of the closet?

Although Walker avoided using phrases such as “coming out” and “closeted” during interviews, Walker’s informants often used these terms. In the interest of being faithful to their own language, Walker chose to use the term “coming out” / “come out” to refer to MAPs’ disclosures of their attractions to others. Usually, MAPs came out to family, friends, or both. Perhaps surprisingly, the majority of informants found supportive responses from the people they disclosed to. Even so, the risk of stigma is high, potentially affecting not only the individual coming out, but also those receiving the disclosure.

In meeting MAPs for the research project Walker was haunted by their sensitivity and introspection around author’s identification as a transgender LGBT individual. Walker notes, for example, that similar to LGBT individuals who have been shown to find comfort in religion despite homophobic teachings (p. 97), some MAPs in the sample found comfort in religious involvement (particularly Christianity) which provided a sense of meaning and purpose despite hostility. Elsewhere, Walker has argued that MAPs face similar dilemmas to other sexual / erotic minorities, with the author’s first scholarly article  titled “Minor Attraction: A Queer Criminological Issue.” (2017)

There, Walker wrote that MAPs “resemble other queer communities due to shared perceptions of illegitimacy and stigma by ‘conventional’ others. Emerging research shows that upon disclosing their attractions to friends and family, some MAPs find support, while many encounter negative reactions, including suspicion, threats, being labeled as ‘perverts,’ loss of friendships, increased stress levels, and the fear of being outed (Freimond 2009). One MAP explained,

When you come out, people have power over you. Not only because they can tell people and ruin your life, even if you haven’t done anything illegal. But they have power over you because they can call you names, or they can tell you that you’re sick or wrong. … So it makes you very vulnerable, and it can change the power dynamic of your relationships or friendships quite a lot. And it can be very frustrating and intimidating if people don’t agree with you, because they have the weight of society and social norms behind them. (Freimond 2009: 60)

These experiences parallel those faced by LGBT individuals who disclose their own sexual identities: […] hostile attitudes, shock, confusion, changes in relationships, harassment, discrimination, and compromised safety.” (Walker 2017, p. 41)

Similar to other experts (e.g. Seto, 2012; Mundy, 2020; Cash, 2016), Walker argued that the evidence for pedophilia as a sexual orientation is “overwhelming.” Walker has previously examined how MAPs have a diverse relationship to “queer-spectrum identities” – with MAPs adopting and disavowing queer / LGBT labels for a variety of reasons (see Walker, 2019). In this 2021 book, Walker’s second chapter – “Leading a double-life”focuses on the decision to come out or stay closeted.

The experience of coming out

Most informants experienced largely positive reactions, with Desmond, for example, being permitted to look after his young cousin by his aunt, to whom he had come out. Understanding and supportive, Desmond found the trust of his aunt validating for his self-perception as a safe individual not to be afraid of. (p. 60)

There were, however, negative consequences, with about one-third of Walker’s sample who had come out feeling rejected. This sometimes led to the end of significant relationships. Brooke, a lesbian, non-exclusive MAP, decided to come out after her girlfriend divulged experiencing an erotic response when holding her young niece. Brooke assumed her partner was divulging some form of minor-attraction, but her partner did not respond in a supportive manner. As Brooke recalls:

[W]e started talking about it, and it turned into her forgetting that she’d ever mentioned anything, and immediately researching, and trying to find ways of how to “fix” me, and panicking, and freaking out. The fact that […] we lived on the same block as a high school and an elementary school was crazy for her, because she couldn’t handle the fact that there is no way I would simply grab a random stranger and force myself on them…. […] saying well here’s this chemical castration. (pp. 67-68).

Brooke’s partner’s unsupportive attitude strained their relationship, and ultimately led to its end when Brooke was outed by her ex-partner to her now former mutual friends. Reading Walker, it becomes clear that the figure of the monstrous pedophile, not law-abiding MAPs living in the community, is what hatred and hostility is generally directed towards. Meeting MAPs in real-life, viewing media which depicts MAPs in a less hostile / stigmatizing way, seems to break down misconceptions and assumptions. Lee, for example, who felt “physically ill” (p. 79) hearing comments from friends at work describing how all MAPs should be killed or brutally tortured, resolved this by coming out to them. His friends apologized about their past remarks and realized how problematic they were. Lee said:

A couple of them, after I told them, they were like, “Oh. Oh my God, I am so sorry. Everything I said, I didn’t really mean it.” And instantly regretted saying these things to my face and it completely changed their opinion of the whole thing. (p. 62)

Walker’s sample suggests that how a MAP comes out appears to have some relationship to how a disclosure is received. Mitchell, for example, on the advice of a MAP friend with whom he attended church, felt his pastor would be accepting and disclosed to him that he was “attracted to teenage boys.” (p. 61) He did not mention the word “pedophile” and specified “teenage,” rather than “children,” a term which could be misleading when referring to post-pubescent, developmentally sexually mature individuals, and perhaps more controversial. Mitchell’s pastor did not see his disclosure as cause for alarm, even commenting that Mitchell’s need to be more careful around minors explains why he is so good at working with them. Similarly, non-exclusive gay MAP Robin, in coming out to his (male) partner, expressed himself by beginning with “I’m attracted to younger guys.” (p. 63). Avoiding the term pedophile, he continued: “Um, but like I’m attracted to teenagers and like pubescent boys and even like sometimes younger guys.” (Ibid.) Robin described his partner’s reaction as extremely supportive: “He’s incredibly supportive, actually. I mean, he seemed to have few, if any, of the hang-ups that I have about it. He was just like, “Well of course like you’re attracted to younger guys, and a lot of people are and like, it’s not unusual and it’s not an issue for me and like, we’ll deal with it.” (Ibid.)

Most of Walker’s sample were in their 20s or 30s, and disclosed their attractions during time-sensitive periods such as university attendance where, eventually, they or their potentially unsympathetic counterpart would return home or move out of the dormitory. It should be noted, however, that coming out to family and friends has been claimed to be the single most important, research-backed way of creating social change (here). If MAPs are concerned about Anglophone discourse rendering MAPs as “monsters,” and wish to inject a human face and real-life stakes into this discourse, then coming out to trusted persons in real-life is likely the most impactful thing an individual can do, as has recently been argued in the Journal of Controversial Ideas (Vaerwaeter, 2022).

In a negative consequence directly resulting from a lack of anti-discrimination protections for MAPs, Issac, a young MAP who had enrolled in a master’s program in mental health counselling, described his experience as follows:

I came out to a small group of students, […] we had an instructor and he told us to share something that we were really dealing with. And I said, “If I share mine everyone will reject me.” One of the female students said, “I’m upset at that, we would not reject you.” So I went ahead and told them, and they took it well at first, then they promptly distanced themselves from me, ignored me. And the teacher, the instructor, broke the confidentiality that we were assured of, and told the administration. And they … told me I had to leave the residency. … So they sent me home. That’s where I was probably most devastated. I was very stressed and anxious. I would shake without any cause for it. (pp. 69-70)

“Isaac,” Walker explains, “took legal action against the school because their handbook stipulated that they did not discriminate on the basis of sexual orientation. In the process, he was outed to the judge, attorneys, and others involved in the case. Despite his efforts, he lost the case.” (p. 70)

Some reactions resulted in even more extreme consequences. One man (Quentin) raised two sons alone after his wife died of cancer, and came out to them when they were 18 and 20, respectively. Quentin misjudged the trust and capacity of his sons to see past labels: they reacted violently, outing their father to the community which led to physical confrontations in the street. Quentin sought a therapist, who only worsened his situation by reporting him to police on the basis of his attraction alone. Fearing for his life, Quentin burned his belongings and chose to live out of a tent until he eventually moved out of the country. His situation, though extreme, was well-known and alluded to by many of Walker’s informants, being given as an example of why MAPs should distrust mental health professionals (see p. 69).

Living ethically despite stigma

Having a lack of legal recourse on the basis of a pedophilic / MAP identity, the underlying question is whether MAPs (or those perceived as MAPs), ought to have hate-crime law apply to an assailant who attacked them or damaged their property based on their perceived identity. Scholars have explored the issue, with McDonald (2014) and Haas (2021) arguing that MAPs or suspected MAPs should be protected under hate crime law, and Purshouse (2020) arguing that MAP “hunter” vigilante groups should not be permitted in liberal democracies without a more robustly enforced regulatory regime to protect the due process rights of the accused. Given Walker’s abolitionist sentiments, it is surprising that Walker does not integrate the topic of stigma and de-stigmatization alongside anti-discrimination / hate-crime legislation. Although we suspect this is because merely entertaining the possibility of minor-attraction becoming a protected characteristic under law could appear as advocacy, this topic could be another possible avenue for increasing the likelihood that MAPs will feel safe coming out to professionals and friends for support.

An unexplored method of addressing internalized stigma could involve MAPs learning about their own history, exploring online archives such as Newgon.net, which inform readers of relevant research around influential MAP figures such as Lewis Carroll, historical alliances and mutual support between MAPs and LGBT groups, and anthropological findings concerning normative intergenerational eroticism (see Bauserman, 1989).

While it is easy to assume that fear over being shunned or physically attacked after coming out looms over MAPs, in the reality of Walker’s sample, reactions from family and friends were largely supportive. As German LGBT rights advocate Rüdiger Lautmann (1994) found in a German community sample of pedophilic MAPs, such individuals often develop what Lautmann called an “ethics of pedophilia.” Quite apart from scholars like Moen (2015) and Walker who see attraction itself as morally neutral, MAPs have to find a way of living in the world despite hostility directed toward them.

Oliver, for example, explained that his parents asked him to keep his minor-attraction a secret from “other members of his family for fear of being ostracized.” Oliver felt compelled to secrecy “to protect the other people that I cared about,” or “in other words,” Walker explains, “to protect his parents from the stigma of being associated with a pedophile.” Displaying his own ethics, Oliver inhibited himself to “protect his parents.”

Within these sections, readers get the occasional glimpse into how informants’ responses affected the author. Immediately following the above quote, Walker writes:

“I had trouble placing this in a section about accessing support, because these reactions didn’t feel supportive to me. Upon coming out, […] Oliver’s father used language that implied he thought Oliver had committed a crime. […] Why did my participants identify these reactions as positive? […] perhaps because they were expecting to be rejected, or even physically harmed, so anything other than that felt like support.” (p. 66)

Quotes like these are probably the most controversial part of the book, marking Walker out as a target by showing compassion for the struggles and sufferings of a highly stigmatized minority population which lacks a large base of popular support. As Walker discusses in chapter 6, subtitled “Towards a shift in attitudes,” in 2018 online popular platforms such as Reddit, Tumblr, and Twitter began systematically removing accounts which expressed support for non-offending MAPs, including Allyn’s own researcher account on Tumblr. This significantly reduced the possibilities for MAPs to find online support to live law-abiding lives and to have non-hostile discussion of minor-attraction conducive to good mental health.

Pro-choice?

In chapter 4, under the heading “Motivations for not offending,” Walker details their surprise that the majority of MAPs avoided illegal eroticism with minors for the same reason: to avoid harming minors. Walker explores what they title “pro-choice” (or “pro-c”) versus “anti-contact” (or “anti-c”) MAPs.

The interesting point for laypeople and researchers who are not familiar with the internal debates and politics of MAP spaces, is that MAPs agreed that not harming children was their primary motivation, but disagreed about what would cause harm. Walker summarizes this as a gap between MAPs who identified as “pro choice” versus “anti contact.” Once again, being faithful to the book’s informants, Walker notes that pro-choice MAPs felt anti-contact MAPs who labelled them “pro-contact,” were smearing and misrepresenting them, attempting to de-legitimize their arguments. Throughout the chapter, Walker therefore uses the term “pro-choice.”

A central debate in MAP communities to be aware of, anti-contact MAPs argue that even in a hypothetical future society where cross-generational eroticism within a MAPs’ age / developmental stage of attraction were legally / socially acceptable, they as MAPs would not engage in such activity and it would be wrong to do so. By contrast, pro-choice MAPs, Walker explains, pointed to various empirical / philosophical scholarship which they believed to demonstrate that not all cases of minor-older eroticism were harmful to the younger party, including historical accounts of past societies where such relations were normative and/or tolerated (see our review of Unspeakable here for a case study about Norman Douglas and Victorian Britain).

All MAPs across both camps were adamant that forcing young people to engage in erotic behavior, or behaviors they were unwilling to do, would not be acceptable. However, pro-choice MAPs argued that when mutually willing cross-generational eroticism occurs, the harm arises from extrinsic social forces such as social stigma, need for secrecy, and, if discovered, the often adversarial interventions of therapists who may be mandated to overwrite a young person’s initial positive self-perception for the police and legal proceedings.

Walker’s response to pro-choice MAPs is to argue that “pro-choice logic fails to account for developmental differences between children and adults that make young people unable to consent to sexual activity.” (p. 109)  Walker’s argument rests on assumptions about developmental differences for which no supportive evidence is provided in the book, and pro-choice MAPs of the kind Walker interviewed would likely find the invocation of this standard argument unconvincing. Nonetheless, Walker does see the pro-choice view as potentially beneficial for crime prevention, writing that “the pro-choice view about ‘sociogenic harm’ has been harnessed by both pro-choice and anti-contact MAPs to convince pro-choice MAPs against committing an offense.” (p. 110) “Aiden,” for example, “pointed to his own empathy as preventing him from acting on his attractions – despite believing that sexual relationships could be possible between adults and minors, he said, ‘I feel too much for [boys]’ to commit an offense that would have harmful aftermath.” (Ibid.)

Conclusion: Shades of Rind?

Walker’s book contributes greatly to our knowledge of the self-perception of law-abiding MAPs, and represents a new standard for the baseline of respect that researchers ought to have when conducting any kind of participant research, especially with stigmatized minorities. After all, why would MAPs want to work with researchers who would twist their words or deny and overwrite their self-perceptions?

Walker’s statement to Prostasia that attraction is morally neutral led to the loss of the author’s employment, yet it is surprising how reasonable is Walker’s book when considered in relation to the hostility expressed online and on the Old Dominion campus. Allyn Walker attests, after all, to be against any occurrence of illegal intergenerational activity a priori.

The Allyn Walker controversy demonstrates that it is not only researchers who are bold enough to report on the realities of mutually willing intergenerational erotic encounters who will risk their careers, such as historian Amanda Littauer (2020) in her seminal article on lesbian examples. One would think that, if any and all intergenerational erotic encounters involving legal minors are what an individual opposes first and foremost, then efforts to assist those who have not engaged in illegal activity to refrain from doing so should be met with encouragement and positive appreciation. In the climate of the 2020s, prevention researchers like Walker who dare to speak on how stigmatizing MAPs for their attractions can leave them hopeless and internalizing the dangerous idea that they are “ticking time-bombs” with no self-control, also find their careers at risk.

For some, the emotion they have attached to the subject, or the images they have in their head, may make any evidence-based discussion which does not validate their strongly held beliefs beyond the pale. In a three-hour Youtube interview (link) with influential activist Tom O’Carroll, author of multiple scholarly articles, blog posts at his personal website (link), and the books Paedophilia: The Radical Case (1980, PDF here) and Michael Jackson’s Dangerous Liaisons (2010, review here [Bailey]), respectively, psychology student Danny Whittaker’s reasoned demeanor breaks down by the end of the conversation. Transcribed, Whittaker drops the proverbial “mask” and in a remarkable display of honesty, says the following:

This conversation … it sort of pushes … it’s at the limits of what I thought were my principles. So for instance, like we were just saying about this appeal to emotion and identity politics, […] I’m dead against it. Facts over feelings any day of the week. But then, just then, I’ve quite openly said I’ll throw all those – what I considered principles – out the window. And say that, at an emotional level, I don’t care what the facts are, I’ve got my emotional response.

Whittaker remarks, “It’s good for the academics and the nice little studies that show it’s not harmful […] good for all these radical left-wingers that want sexual emancipation for everyone […] I don’t care […] Even if you could prove to me, sort of Minority Report-style that it wouldn’t be harmful, I’m not going to allow that to happen. That’s never going to happen.” He closes this segment with a powerful statement: “I just think it’s one of those topics that, […] the emotion kicks in at such a high level, I don’t know that anyone’s ever going to get past it.”

While Whittaker’s evidently distressing imagining of that is never described for the interviewee or the viewers, his sentiment echoes Diederik F. Janssen, MD, a cultural anthropologist who has produced the largest cross-cultural anthropological survey of youth and intergenerational sexuality ever conducted (2002). “Society,” he wrote, “will not be checkmated by the facts of life” (2013).

After the Rind et al. controversy some two decades ago, multiple scholarly articles dissected the analysis of the condemned paper, with one bearing the telling title “Politically Incorrect, Scientifically Correct.” (2000) Influential queer theorist Kathryn Bond Stockton, after discussing the controversy in her 2009 book on The Queer Child, neatly captures this disturbing trend of casting out evidence. “Congress,” Stockton notes, “has acted only once to resolve against science: in order to say that children must be harmed.” (p. 70) In the fallout over Walker’s research into preventing legally defined CSA, the Anglophone masses appear to have voiced their preferred outcome.

Ryan Conrad tapped as 2021 Charley Shively Prize winner

Ryan Conrad
Ryan Conrad

The William A. Percy Foundation is pleased to announce Canadian-based scholar, polemicist, and artist Ryan Conrad as recipient of the Foundation’s 2021 Charley Shively Prize for Gay Liberation. A co-founder of the publishing collective Against Equality, Conrad is currently Adjunct Research Faculty in Women’s and Gender Studies at Carleton University in Ottawa. Conrad’s wide-ranging, cross-disciplinary work – on topics such as the relation of sexual minorities to mass incarceration, the hijacking of social movements by a fundraising-focused nonprofit industrial complex, the economics of sex work in a pandemic, how dubious tropes about sexual and social hygiene shape immigration policy, to the straitjacket of “equality” as a holy grail for a politics of sexual difference – shows both a searching and uncompromising concern with justice and an unquenchable joie de vivre at the utopian potentials of erotic community, resonant with legacies of Walt Whitman or Harry Hay.

Conrad’s formal education is capped with a PhD from the Center for Interdisciplinary Studies in Society and Culture at Concordia University in Montreal, on top of an MFA in interdisciplinary studio arts from the Maine College of Art in Portland, where he had an unusual source of financial support: the city of Miami, Florida, which had paid Conrad settlement money after its police beat him unconscious while cracking down on 2003’s anti-Free Trade Area of the Americas protests.

Conrad grew up in a small mostly Catholic town in Rhode Island, the youngest among four siblings, in the “markedly homophobic and pre- / proto-internet ’90s,” a context where “a fag was the worst thing a boy could be, and I was going to die of AIDS,” he writes in an essay in Mattilda Sycamore’s Between Certain Death and a Possible Future: Queer Writing on Growing Up with the AIDS Crisis. Aside from some fondly recalled escapades with fellow Boy Scouts at camp, “No one taught me anything about being queer until I was in my twenties.” Attending a conservative college in Maine barely helped. “Thankfully, Emma Goldman, punk rock, and movies saved my life,” he writes, “Punk rock for not only giving me a sense of what’s possible through collective organizing and shared passions but also calling out limitations. Punk also showed me that I didn’t have to be a boring, rainbow-flag waving pink-dollar consumer like the boys of Queer as Folk and Will and Grace.” A world of homoerotic cinema, suddenly available through Netflix’s then new DVDs-by-mail service, offered an education in gay visual culture with a depth of offerings far beyond the local Blockbuster Video.

After college, Conrad joined an informal, mostly queer small-town Maine collective household, which helped pull together local resources, such as a youth drop-in center and HIV and STI prevention, drag show fundraisers, and even ran an AIDS walk. But the only older mentors tended to be lesbians, Conrad found – such was the decimation even in small-town Maine from the epidemic. Conrad interviewed the retiring owner of Lewiston, Maine’s now-shuttered, former gay bar. “Mid-interview he made me turn off the video camera and wept while describing what it was like to lose bartender after bartender to AIDS and what loss on that scale meant for gay men like him living in small cities and rural towns. I didn’t realize what kind of trauma I was prodding.”

For his MFA project, Conrad worked closely with James Wentzy, a Manhattan video artist and long-term HIV survivor, whose basement apartment was a trove of archival material documenting the pivotal first wave of AIDS activism in the 1980s and 1990s. Out of this immersion in material at that point still little systematically explored, in 2011, Conrad produced a short film, Things Are Different Now, which played at MIX NYC and other festivals throughout North America and Europe.

Conrad is perhaps best known – or most notorious – in the GLBT community for Against Equality, which he co-founded with Chicago-based writer and activist Yasmin Nair. This publishing collective and online archive has pushed against the grain of what’s become mainstream, money-driven GLBT organizing by questioning the pedestaling of projects such as same-sex marriage and U.S. military inclusion in lieu of broader issues of social and economic justice and criminal justice reform that disproportionately impact those on the sexual margins along with other disparaged minorities. Why should the fluidity and scalar reach of queer erotic community – historically bases of communal strength and organizing potential – be bound and pigeonholed into matrimony? How can a movement ostensibly interested in freedom and liberation be oblivious to the global death toll from U.S. imperial adventurism? Why should access to health care or financial security in old age be a function of partnership status? A push to ape heterosexual institutions in a one-to-one correspondence takes identity politics to the absurd limit of identicalism, Against Equality contends, and betrays the potentials engendered from sexual difference.

“We want to be sure that voices of resistance are not erased and written out of history,” Conrad writes. “These pieces in our archive are like bread crumbs, laying out different pathways to justice and resistance for those that dare to imagine a more just world. When people look back on these desperately conservative gay times, we hope our collective voices can be an inspiration to those who come after us – those that look to our queer histories, just like we did, as a site of rejuvenation, excitement, and hope.”

Conrad is the editor of the collective’s anthology series, compiled in Against Equality: Queer Revolution, Not Mere Inclusion (2014). He has contributed as well to several anthologies, such as Queer and Trans Migrations (2020), Decolonizing Sexualities: Transnational Perspectives, Critical Interventions (2016) The Gay Agenda (2014), Queering Anarchism (2013), and After Homosexual (2013). His writings have appeared in American Quarterly, Women Studies Quarterly, Auto/Biography Studies, JumpCut, Canadian Journal of Film Studies, e-flux, Aparté, QED: A Journal of LGBTQ Worldmaking, Scholar & Feminist, Socialism & Democracy, Little Joe, UltraViolet, In These Times, and Fifth Estate. His work as a visual and performing artist has exhibited internationally in Europe, Asia, and North America.

“For me,” Conrad writes, “history has always been about understanding how we got to the very moment of the present we inhabit – to understand how we’ve survived, who our enemies and allies have been, which activist strategies have worked and why, what is made (im)possible through shared collective experiences and moods, how the queer political imagination expands and contracts to render certain futures viable and others impossible.”

Hellfire Does Not Deter Crime – Prisoner Survey on Religion (2021)

Victorian prison chapel
Victorial-era prison chapel

Foundation surveys prisoners
on religious beliefs

In spring and summer 2021, the Percy Foundation distributed questionnaires on religious beliefs and practice to the prisoners enrolled in its prison book program. A total of 526 questionnaires were returned to us. Our inquiry aimed to ascertain whether strong religious conviction either in childhood upbringing or in adulthood prior to incarceration acts as a deterrent or as risk factor in criminal propensity.    Although previous scholarship generally shows that the religiously observant are more law-abiding than those with no or weak religious commitment, few studies have examined this question with specific regard to those convicted for crimes of a sexual nature, which carry particularly strong moral stigma in many world religions. The well-publicized scandals involving sex crimes by members of Catholic religious orders, as well as less well-known reports of widespread sexual abuse within ultra-Orthodox Jewish communities, Mennonite communities, and some evangelical churches raise the question whether conservative belief traditions with strong sexual taboos may create a form of perverse implantation in some individuals. A small number of studies have suggested that compulsive sexual behavior, patriarchal attitudes, and feelings of male inadequacy are more common among the highly religious.

Our data collection effort was unique in involving a larger sample of sex offenders (325), whose parameters can be compared with a non-sex offender control group of male prisoners (201), as well as readily available demographic data about religious practice and affiliation in the U.S. male population as a whole. Following best practices in this area of research, our survey instrument evaluated religious devotion through multiple measures: (1) religious activity, i.e. attendance of worship services, study of scripture, (2) religious belief, i.e. self-evaluated importance of religion in one’s life and theological beliefs, (3) prayer, and (4) belief tradition or denomination.
On the whole, our results found that sex offenders were slightly more religious than the criminal population as a whole, but less religious than men in the general U.S. population. However, the differences were less than one might assume: religious upbringing, belief, and practice were common among all criminal groups and did not appear to act as effective deterrents. The general picture that emerges from the data is that male criminals are not irreligious in belief, but are less disciplined and devoted in their religious practice.

Some saw their criminality as part of God’s plan, like the 25-year-old Cool: “If you doing some wrong to another bad person, like if I go to rob a dope dealer or a molester or something, then it don’t count against me because it’s like I’m giving punishment to them for Jesus. That’s God’s will. Oh you molested some kids? Well now I’m [God] sending Cool over to your house to get your ass.”

One area where criminals are notably stronger in religious belief than the general adult male population is that they are more likely to believe in Hell. According to the Pew Forum (2014), 56% of adult male Americans believe in Hell, whereas 73% of non-sex-offending criminals said they believed in Hell prior to their incarceration; at 59%, the figure for sex offenders was much closer to the norm. Moreover, criminals report having internalized that belief as children: 78% of non-sex criminals and 72% of sex offenders affirmed that as children, they believed in “Hell as a place of torment for unrepentant sinners.” It is striking that such a strong belief in eternal punishment did not deter these individuals from committing serious criminal acts; this in turn raises questions about the whole doctrine of rational deterrence upon which the carceral system has been erected. It is interesting to note that although they mostly believe in Hell, only 31% of non-sex criminals and 19% of sex criminals believe that they personally are “at serious risk of going to Hell.” This may be related to the finding that two-thirds of both groups believed in “a loving God who forgives most sinners, even if they sometimes do very bad things.” This more liberal Christian doctrine provides them an out. Other studies have suggested that many criminals are willing “to exploit the absolvitory tenets of religious doctrine” to justify continuing their criminal lifestyle without serious fear of negative consequences in the afterlife. They often see Hell as a place only for criminals worse than themselves; some even view themselves as God’s agent in punishing other bad people.

Another interesting result is that prisoners are less inclined to accept the theory of evolution than the general population. The Baylor Religion Survey Wave 2 (2007) involved a nationwide sample of 756 males, of whom 46.1% agreed with the theory of evolution (39.6% disagreed, 14.2% were unsure). In our survey, only 23% of the non-sex-offender group and 33% of the sex offender group supported evolutionary theory (vs. 50% and 44% respectively adopting a creationist view, the rest unsure). One might attribute this result to differences in educational level between incarcerated and non-incarcerated populations, but the prisoners enrolled in the Percy Foundation’s book program (which includes many books of an advanced academic nature) are more literate and better educated than most incarcerated persons, and probably approach or exceed the general population in these terms. How are we therefore to understand this result? It cannot necessarily be attributed to prisoners accepting scriptural authority to a greater degree than men generally: if anything, criminals are less likely to accept Scripture as the direct inspiration of God (49% of believing non-sex offenders, 39% of believing sex offenders, compared to 52% of adult males generally according to the Pew Forum) and more likely to view it as men’s interpretation of God’s word. What this simultaneous suspicion of both Scripture and scientific theory suggests is a greater distrust of all forms of social and intellectual authority.

One of this study’s goals was to determine whether certain types of religious faith traditions were more or less likely to generate criminality. For the most part, our sample corresponded closely with the overall distribution of religious affiliations in the U.S. population, except that fewer of our sample reported no family religious affiliation (12.2%) than do adults in the U.S. population overall (22.8% according to the Pew Forum survey). In other words, growing up with no nominal religion in the family does not seem to produce more criminality, but the opposite. There was little difference in denominational background between non-sex offenders and sex offenders, with two modest exceptions: sex offenders were more likely to grow up in Catholic families (23.1%) than non-sex criminals (14.4%), compared to 20.8% of the U.S. population overall. Among Protestants, sex offenders were slightly more likely to have grown up in major mainline denominations (Episcopal, Methodist, Presbyterian, Lutheran, Church of Christ) than non-sex criminals, but both types of criminals were most likely to have grown up in more dogmatic faith traditions (Baptist, Pentecostal, Adventist, Christian Science, Jehovah’s Witness). Whether this difference is due to class-based or racial differences in the composition of the two groups remains to be explored. Another fruitful area for future study would be the extent to which theological traditions positing divine predestination and being “elect” from birth provide an excuse for the criminally inclined to believe they will not face eternal damnation regardless of their behavior.

Book Review – Gender Queer: A Memoir

gender queerMaia Kobabe, Gender Queer: A Memoir (Portland: Oni Press, 2020). 240 pp. $17.99.

Few books oriented to young adults have aroused as much controversy or become such a flash point in the culture wars as Maia Kobabe’s graphic memoir Gender Queer. It is “graphic” not in the sense of featuring explicit descriptions of violence and sex (although there is a smattering of the latter), but in the sense of being a cartoon book. However, if one listened to the denunciations of this book by parents concerned to find it in their school libraries, one would imagine it to be a work of overt pornography designed to despoil children of their imagined “innocence.” It is clear that its critics have not taken the two hours necessary to read it, or they would realize that the book is in fact intensely sex-negative and has no agenda other than to present its author’s rather unusual development as a child, adolescent, and young adult.

Maia grew up in an idyllic rural setting in North Coastal California, where her hippie father taught at an alternative school. She did not learn how to read until she was 11, but then became a voracious reader, mainly of comics and fantasy literature. She loved playing with snakes, wore boys’ clothes, and could not understand why her teacher wouldn’t let her take her shirt off like the boys when playing at the river. Upon hitting puberty, she felt disgust at her periods and avoided using the restroom at school, cut her hair very short, and wanted to bind her budding breasts. She was severely traumatized by her first gynecological exam and resolved that she would never again allow anything to enter her body.

In high school, she had crushes on both boys and girls and told her parents that she identified as bisexual, but she was never physically intimate with anyone until she was 25. Her sexual fantasies centered upon being a gay man, and she stimulated herself by placing a pair of socks in her shorts and rubbing it. Later, she learned about the concept of “autoandrophilia” and immediately identified it as her “main kink.” However, she did not regard herself as a boy any more than she did as a girl. Her progressive high school’s sex education curriculum put a heavy emphasis on anatomy, pregnancy, sexually transmitted disease, and eventually sexual consent; she found it all off-putting and repulsive, but nevertheless enthusiastically joined her school’s Queer Students Alliance. She never dated anyone until graduate school, turning down multiple opportunities, and justified it to herself even then as a “research” experiment so that she could write about sex in her graphic fiction. After being shown how to use Tinder by one of her friends, she found a young lesbian who worked at a sex toy store, with whom she indulged her fantasy of performing gay male sex by wearing a strap-on dildo that her date fellated. This gave her no pleasure at all, nor did any of the autoerotic female sex toys, so she henceforth resolved to date no one and identified as asexual. She decided to let a co-author write all the erotic parts of her fiction rather than doing any further “research.”

She was also uninterested in taking hormones or any steps toward actual gender transition, although she says she wishes she had known about puberty blockers when she was younger and still fantasizes about top surgery to have her breasts removed (although she apparently has not yet done it). Just as she wants sex to play no role in her life, she also wants gender to play no role, since she presents as neither male nor female. Her greatest excitement seemed to be in discovering and claiming e/em/eir as her (eir) favored pronouns, since even they/them/their are too conventional. E simultaneously rejects all sexual and gender identities and is obsessed with proclaiming eir own unique positionality by forcing eir interlocutors into adopting eir invented Newspeak.

gender queerThe book has been unfairly condemned as sexually explicit because of a small number of cartoon frames that conservative media have pulled out of context and relentlessly reproduced, thereby giving them far greater distribution than they would have ever had on their own. Page 61 features a mastubatory fantasy she had of two naked boys kissing and rubbing against each other, in other words imagining a kind of sex she can never have in reality. The frame that critics call “a man molesting a boy” (p. 135) is actually a Greek vase painting that she dreams about after reading Plato’s Symposium. If seeing this is harmful to minors, we had better keep them out of art museums. The notorious frames of oral sex on p. 167 are not really oral sex, but her lesbian friend going down on Maia wearing a strap-on dildo; anyone who bothers to read the text sees that this was a disappointment to Maia. All of these scenes are imaginings of sex, not real sex. Any parents who think that their teenage children do not have such fantasies or have never seen far more explicit videos of actual sex online are deceiving themselves. No adolescent’s “innocence” is going to be violated by seeing a cartoon about another adolescent who has sexual fantasies. Recognition that other adolescents, even very repressed ones, also have such thoughts can only be reassuring to them.

The conservative critics who want this book pulled out of school libraries because it promotes transgenderism and gay sex have clearly not read it. Maia Kobabe is neither transgender nor gay, but offers confused young people another way: total erasure and rejection of sexuality and gender. Arguably, this may be preferable to the irreversibility and life-long medical interventions of actual gender transition, with all its attendant risks and complications. Whether non-binary asexuality will lead young people to ultimate happiness is a question we cannot answer in this short review, but we should acknowledge that it is a path a growing number of them are taking, despite a more sexually tolerant society than we have seen in any previous decade. No child could ask for parents or a school that were more progressive, open, and accepting than Maia’s, yet the result in eir case is dismissal of all sex and gender, as if e is sick of hearing about both. In a curious way, Maia Kobabe’s ideal is very much like what the social conservatives themselves want for adolescents: no acknowledgment of pubertal changes, no sex, no gender reassignment, nothing but a state of suspended animation in pre-lapserian innocence, childlike regression without end.

The real reason it should be pulled out of school libraries is that it is not a very good book, despite the award it received from the American Library Association. I can think of hundreds of books, including many dealing with GLBT topics, that are far more deserving of the limited shelf space and would do more to teach students the skills of critical thinking and elegant expression that used to constitute the sine qua non of a quality education. We can do better than supply high schoolers an emotionally self-indulgent memoir of an otherwise unknown individual that contains no thought or sentence of more complexity than can be expressed in a cartoon bubble. Young people get enough ME-ME-ME-ME-ME from the constant barrage of social media they consume day in and day out. That librarians and educators think they won’t read anything more challenging than appealingly illustrated cartoons presented under the aegis of diversity and inclusion is yet one more sign of the cultural infantilization that undermines their capacity to grow into functional and literate adults.

Highlights of Prisoner Study

Same-Sex Offenses Draw Twice as Much Time as Heterosexual Offenses

The Percy Foundation has long been concerned about the pattern of disparate sentencing between same-sex and opposite-sex sex offenders, particularly among men who are convicted of sexual contact or enticement offenses involving minors. As it enrolls new prisoners into its Insiders’ Bookstore program for free books, it continues to collect detailed questionnaires from them for its database, permitting us to update and re-analyze the data each year with a larger total sample. At present, we have usable data from 1,175 inmates, of whom 318 were incarcerated for contact offenses with minors.

Our previous studies have shown that men convicted for contact offenses with minor males are more likely to draw severe sentences of more than 20 years, and the disparity in sentencing is particularly strong for those convicted of offenses with teenagers. The additional surveys received and tabulated in 2021-22 and new ways of looking at the data now help us quantify the difference in sentencing more clearly. We have determined that it is best to examine median sentences, i.e. the middle sentence length when all sentences are ordered from shortest to longest. Mean or average sentences, especially for this category of offense, tend to be skewed by the extreme sentences of life or hundreds of years that occur in cases of intense moral outrage. We have further determined it is proper to concentrate on the sentences given to offenders with either one male victim or one female victim so as to be unbiased by any effect of moral revulsion over multiple victims.

Analysis of both contact and enticement offenses together shows that sentences become significantly shorter in cases involving females aged 14-17 relative to those 13 and under. However, that does 
not apply to male victims: 
offenders are sentenced 
almost as harshly regardless of victim age. Where
as the median sentence
for an offense involving
 an adolescent girl was 15 years, that for an adolescent boy in the same age range was 30 years. Gay sex with a teenage boy is considered more damaging than heterosexual contact with a girl.

Logistic regression analysis established that victim sex is the most important variable in predicting a longer sentence, although number of victims and age of victims (for females only) were also significant factors.

On the other hand, victim sex had no predictive value for the length of 
the sentence in non-sexual crimes such as homicide, assault, or robbery. This difference highlights the exceptionalist nature of homosexual sex with a male minor, which is still falsely considered to pose a greater danger to the minor’s future development than heterosexual molestation of a female of approximately the same age.

The difference in sentencing cannot be ascribed to the male victims being younger (a mean of 9.77 vs. 10.45 for girls), as the difference is statistically non-significant. A logistic regression analysis was performed on the data for all 318 contact offenders to determine which variables of victim sex, age of victim, age of offender, prior sex convictions, and number of victims were most predictive of longer sentences: number of victims, age of offender, and prior sex offenses had no predictive value; victims being under 13 had some predictive value, but the victim being male was the single greatest determinant in predicting a longer minimum sentence. A similar pattern was also evident among those imprisoned for non-contact enticement offenses. On the other hand, victim sex had no predictive value for the length of the sentence in non-sexual crimes such as homicide, assault, or robbery. This difference highlights the exceptionalist nature of homosexual sex with a male minor, which is still falsely considered to pose a greater danger to the minor’s future development than heterosexual molestation of a female of approximately the same age.

A SECOND QUESTION that our research has sought to address from the data is whether those who are attracted to underage teenagers are also likely to offend against younger children and vice versa, or whether the two groups should be considered quite distinct in their preferences. Should all sex offenders against minors be lumped together indifferently into the class of “pedophiles,” as popular wisdom would have it? Or should we follow the lead of mental health professionals and be careful to distinguish between pedophiles (those with a primary attraction to pre-pubescent children), hebephiles (those with a primary attraction to minors at the cusp of pubescence), and ephebophiles (those, like the Greek pederasts, with a primary attraction to adolescents who have already experienced the full onset of puberty)? This question has great bearing on how we deal with the various classes of minor-attracted persons.

Our survey instrument was designed to yield light by asking not just the sex offenders, but all prisoners about their attractions to different age groups of both males and females. They were asked both to choose their age group of primary attraction and to list all age groups to which they felt any attraction. Of those who designated females aged 15-to-17 as their greatest preference (the heterosexual ephebophiles), only 12.2% expressed any attraction at all to female children under 12; among those with a dominant attraction to adolescent males aged 15-to-17 (the homosexual ephebophiles), only 14.2% admitted any attraction to boys under 12. Conversely, among genuine homosexual pedophiles, only 20.9% felt any attraction to post-pubescent boys (15-17), although the proportion of heterosexual pedophiles who felt attraction to adolescent girls was almost twice as high. Both groups had considerable overlap with the intermediate category of hebephilia, however. Among the 522 prisoners with bi-sexual attractions, age preferences for females and males tended to be consistent.    Sex-offender management professionals should recognize that men who have had a statutory rape conviction involving an older teenager are mostly not a threat to smaller children. These populations are distinct and should be treated as such.

Another common misunderstanding of sex offenders is the notion that they must be permanently segregated from society because they are incapable of satisfying themselves with legally available partners and will always return to molesting minors. A 2019 study by the DOJ’s own Bureau of Justice Statistics (Bjs.ojp.gov/library/publications/recidivism-sex-offenders-released-state-prison-9-year-follow-2005-14) found that 92.3% of sex offenders committed no other sex offense within nine years of their release. We also find that the proposition of an exclusive minor-fixated orientation is not consistent with our data: 50% of the inmates who say their primary attraction is to pre-pubescent females say they are also attracted to adult females, and the number goes up to 63% for those with a primary attraction to girls aged 12 to 14, and 85% for men mostly attracted to older teenage girls. The numbers are lower for those attracted to underage males: only 28% of homosexual pedophiles are also attracted to adult men, but the numbers go up to 59% and 65% respectively for homosexual hebephiles and ephebophiles. With the partial exception of homosexual pedophiles, most sex offenders are capable of channeling their erotic impulses toward legal associates, so therapeutic programs should encourage healthy and legal desires and relationships among those who are elastic in their range of attraction, and abstinence for the rest. Whether post-carceral restrictions on internet use or the stigma of being labeled a “sex offender” render them unlikely to succeed with other adults is a different question.

MUCH WORK continues to be done. Surveys distributed in spring 2022 inquire in a more focused way concerning the motivating factors behind contact, enticement, and child pornography offenses. Popular theories abound (e.g., “they want power and control” in relationships), but little concrete evidence has been collected to justify any of them. We are also inquiring how much incarcerated offenders knew about the unlawfulness and serious penalties attached to their actions, and thus whether the long prison sentences common in U.S. jurisprudence really have the intended deterrent effect. We have recruited an experienced criminologist to help us publish this data in appropriate scholarly venues where it can influence future policy debates.

The Significance of Ketanji Brown Jackson on the Supreme Court

Ketanji Brown Jackson
Ketanji Brown Jackson

Although the Percy Foundation by charter does not support political candidates or take positions on specific legislation, it did take the step of voicing its support for Judge Ketanji Brown Jackson’s elevation to the U.S. Supreme Court. Her historical importance is not only as the first African-American woman, but as the only current member of the Court with a background in criminal justice at a time when both expert opinion and public sentiment demand a fundamental reconsideration of inequities in the administration of criminal justice and the heavy social costs of prolonged mass incarceration. From her time as a student editor of the Harvard Law Review to her work as a public defender to her service on the U.S. Sentencing Commission to her practical experience as a federal district judge trying criminal cases in Washington, D.C., she has developed a distinguished profile that recognizes the necessary balance between public safety and upholding the constitutional rights of the individual.

That some Senate Republicans chose to attack her jurisprudence in a handful of child pornography cases over which she presided only served to highlight the issue as one that merits nuanced debate rather than emotional appeal to the politics of outrage. For the first time within living memory, media coverage has recognized the complexity of sex offense issues and the need for distinguishing between varying degrees of severity, not one-size-fits-all condemnation. In defending her record, Democrat senators have recognized that this once undebatable issue does indeed deserve careful public discussion rather than expressions of disgust and dismissal. To the extent that people are now willing to talk about appropriate parameters of sentencing in this difficult area, the attacks on KBJ may have backfired on her opponents. This issue is indeed a consequential one, as child pornography offenders are the most rapidly rising component of the federal carceral system, with whole facilities (including U.S. Penitentiary Tucson, FCI Seagoville, FCI Elkton, FCI Petersburg, FCI Marianna) now devoted to warehousing them.

She has been severe in sanctioning offenders, as in the case of Charles Hillie, who inappropriately touched his girlfriend’s two daughters over a period of seven years and surreptitiously filmed one of them in the bathroom; she sentenced him to 29.5 years. The case for which she received the most criticism was that of Wesley Hawkins, a gay teenager who received illegal images of boys from other teenagers and was manipulated into sharing them with an undercover detective.

(https://www.washingtonpost.com/investigations/2022/03/25/wesley-hawkins-ketanji-brown-jackson/)

It is not surprising that in a world where most adolescent boys find it easy to access pornography online, some of them, unaware of the legal consequences, will seek out and share images of other minors rather than adult actors much older than themselves. KBJ correctly concluded that a long prison term for a vulnerable young man who had just graduated from high school with an exemplary record would only expose him to bad influences and make him more dangerous to society.

The only other case of illegal images that resulted in less than a three-year sentence was that of Adam Chazin, another young defendant (20 at the time of his offense) with no prior record and no computer search history for child pornography, who unknowingly received from a friend some images of underage girls among a file of mostly adult images. The 28-month sentence he received after a plea bargain was in line with the recommendation of the probation officer who interviewed him. Probation officers who have hands-on experience managing offenders often have much more insight into the dangerousness of a defendant or his likelihood of re-offending than do prosecutors. In six of the seven child pornography cases cited by Senate Republicans, they recommended shorter sentences than the prosecutors, sometimes much shorter (see https://www.factcheck.org/2022/03/the-facts-on-judge-jacksons-sentencing-in-child-porn-cases/); this commonly occurs in child pornography cases, as experienced probation officers know that these offenders are mostly low-risk and rarely recidivate.

Even some prosecutors have doubts about the wisdom of pursuing these cases. Noted conservative legal commentator Andrew McCarthy (a former Assistant U.S. Attorney for the Southern District of New York), although opposing KBJ on other philosophical grounds, defended her record on child pornography cases in National Review Online. He says, “I can’t tell you how much I hated these cases. … When the dust settled in computer-porn cases, it often turned out that the culprit was a kid who wasn’t much older than the children depicted in the porn.” He agrees with KBJ that sending such kids into prison with hardened criminals will do society more harm than good.

Moreover, KBJ’s consideration of these cases is fully in line with the views of most federal district judges, as a team of legal scholars who specialize in sentencing (led by Prof. Frank O. Bowman III of the University of Missouri) demonstrated at length in a letter sent to the Judiciary Committee (https://www.judiciary.senate.gov › media › doc).

Indeed, a survey of federal judges conducted by the U. S. Sentencing Commission in 2010 (when KBJ was a member) revealed that 70% of the judges thought the mandatory minimums in cases of child pornography possession were too high.

Public emotion over these cases is fed by two popular myths: (1) that most men who possess child pornography are pedophiles in waiting and long prison terms for illegal images are an effective strategy for keeping them off the streets, and (2) that they create a “market” for images from which criminals profit financially through exploitation of children who would not otherwise be exploited. (1) has been refuted by countless academic studies, surveyed by criminologist William Thompson on the Foundation’s website. (2) has never been credibly established, since most of these images are traded freely on the Dark Web. The Percy Foundation plans this Spring to conduct a survey of persons incarcerated for child pornography offenses to determine what percentage, if any, ever exchanged money for such images.

Already as a law student at Harvard, KBJ took a scholarly interest in the excesses and incoherence of federal jurisprudence with regard to sex offenses, in an anonymous student note (for which she later claimed credit in 2012) titled “Prevention versus Punishment: Toward a Principled Distinction in the Restraint of Released Sex Offenders” (Harvard Law Review 109.7 [1996] 1711-28). She questions in particular whether the onerous legal requirements placed on released sex offenders, including indefinite civil commitment in some cases based merely on the hypothetical possibility that one might re-offend, are not actually punishment rather than mere “administrative” measures for public safety. In her conclusion, she writes, “In the current climate of fear, hatred, and revenge associated with the release of convicted sex criminals, courts must be especially attentive to legislative enactments that ‘use public health and safety rhetoric to justify procedures that are, in essence, punishment and detention.’” This is a direct challenge to what has now become a long, sad history of federal courts upholding such detention in the wake of Kansas v. Hendricks (1997), in which the Supreme Court justified civil commitment on the basis that it was not punishment, but administrative regulation of particularly dangerous individuals who could not control their behavior due to incurable mental disorders. That opinion was supported by reference to false and debunked statistics, such as former Justice Kennedy’s remarkably ignorant assertion that almost all sex offenders recidivate, whereas the most recent Bureau of Justice Statistics study shows that the recidivism rate is only 7.7% nine years after release, one of the lowest for any category of crime (https://bjs.ojp.gov/library/publications/recidivism-sex-offenders-released-state-prison-9-year-follow-2005-14). As Percy Foundation President Thomas Hubbard stated in a letter to California’s two senators, “Judge Jackson is an impressive voice for constitutional principles, from whom other justices on the Court and all of us can learn much.”

Book Review – Dangerous Ideas: A Brief History of Censorship in the West

Review of Eric Berkowitz’s Dangerous Ideas: A Brief History of Censorship in the West. (Boston: Beacon Press, 2021) 320 pp. $21

  1. berkowitz dangerous ideaEric Berkowitz has written an important book on the history of censorship. It is good that Berkowitz includes the shameful 1873 U.S. Comstock laws that censored “lascivious obscenity” including books, illustrations, sex toys, abortion and birth control devices. However, unmentioned is the current campaign of the U.S. government to censor depictions of unclothed bodies and erotic interactions involving any person below age 18.

At least Anthony Comstock only burned things in his zeal to “suppress vice.” Today’s censors not only destroy all photographs, artistic depictions, and even cartoons that suggest individuals below that crucial age, but the U.S. government also imprisons hundreds of thousands of persons for many years, merely for exchanging unclothed photos of themselves with their friends.

What we are seeing right now are two current trends. First, the development of the internet has allowed people across the globe to easily send artistic images or photographs of themselves. Humans love to engage in such image sharing, and never before in human history have individuals had the ability to exchange erotic images and ideas so widely. As reviewer Ariel Dorfman notes, the invention of the internet is bringing “seismic alterations in the nature of information and its transmission, akin to what happened after the invention of the printing press.”

Second, while the forces of censorship have irrevocably lost the culture war over pornography, they have made a strategic retreat, and no longer harp on this common behavior among adults. Instead, they focus specifically on denying the right of young people to look at such images. In the name of “protecting children,” censors inflict permanent harm on innumerable young people with the scarlet letters “sex offender” legally imposed on them for the remainder of their life. President George W. Bush is the person mainly responsible for instituting this state apparatus to imprison sex offenders for exceptionally long sentences. But President Barack Obama expanded the program, even signing a law stamping those damning words on the U.S. passports of people with a sex charge. An entire generation is being criminalized.

This repressive campaign is a political act, enforcing an evangelical Christian view that nudity should be prohibited to people below age 18. There are few signs the current hysteria is abating, even though statistical evidence suggests little or no harm results from kids viewing sexual acts. Millions of youths around the world sneak a peek at such images, subjecting themselves to the real harm of state violence being used against them.

Unfortunately, this kind of punishment is nothing new. As noted, millions of writers and artists have had to suffer the torments inflicted by governing powers and religious institutions since ancient times. We can at least take comfort in role models like Margaret Sanger, who was arrested for publishing a column for girls about birth control. One of the most influential women of the 20th century, she never gave up, but founded Planned Parenthood, worked to abolish laws criminalizing birth control, and sponsored medical research that invented the birth control pill.

There comes a time, however, where inspired resistance is not the best response. Dorfman’s view that going into exile is almost as bad as being censored is not really accurate, if a person’s hesitancy to escape results in that person being imprisoned for many years, or being executed. Look, for example, at the three main reactions of European Jews after 1938. The first group denied the reality of the threat that Nazis posed, and kept silent in hopes that they would not attract attention. Their silence did not protect them, and most of them died in the concentration camps. The second group realized the seriousness of the fascist threat, and determined to resist at all costs. Most of these resistance fighters were killed. The third group recognized the lethal threat of Nazism, but determined to do whatever it would take to escape to other nations. Those who escaped were the survivors. When things get really bad, the historical record suggests, the rational response of those who are persecuted is to flee into exile if there is an opportunity to escape.

Still, it is comforting that Berkowitz concludes “censorship is ultimately futile and cannot permanently extinguish the thirst for freedom of expression.” This knowledge is inspiring, but while it may be correct that freedom of expression ultimately wins, individual lives can most certainly be destroyed. Preserve one’s life, however one can, and then live to fight another day.

RESOURCES ON CENSORSHIP

  • Ariel Dorfman, “The Futility of Censorship,” New York Review of Books, April 7, 2022, pp. 32-34.
  • J.M. Coetzee, Giving Offense: Essays on Censorship. University of Chicago Press, 1996.
  • Susan Nossel, Dare to Speak: Defending Free Speech for All, Dey Street Press, 2020
  • PEN America, “Freedom to Write Report”
  • Index on Censorship

Book Review – Bi: Bisexual, Pansexual, Fluid, and Nonbinary Youth

Review of Ritch C. Savin-Williams’ Bi: Bisexual, Pansexual, Fluid, and Nonbinary Youth (New York: New York University Press, 2021). x + 313 pp. $29

The Cornell developmental psychologist Ritch Savin-Williams has produced over the last two decades a series of important books on gay teenagers and their experiences of negotiating sexual self-actualization. However, anyone who deals with the sexuality or gender performance of young people today is increasingly aware of their resistance to neat categorization by traditional labels and essentializing narratives. At the same time that identity politics has become hegemonic in media discourse and established organizational structures dominated by previous generations, young people in their teens and twenties are pushing back against this ideological rigidity and pointing the way toward what could be called a “post-identitarian” era that recognizes the polymorphous complexity of individual personality and self-fashioning. For those of us who grew up in the last century, chafing under the tyranny of labels and their attendant expectations, this development should be welcomed and help us deconstruct the inherited conceptual archaeologies that have too often yoked us to self-imposed limitations.

Although LGBTQQIA+ organizations nominally include “bisexuals” within their alphabet soup, and virtually all population surveys show that bisexuals greatly outnumber their other constituent categories, few of the leaders of these organizations would identify as bisexual and the distinctive challenges of bisexual life receive little attention from them. In part, this marginalization is due to the very nature of bisexuality as an anti-identitarian phenomenon within organizations that depend on identity politics for their funding and visibility.

One of the problems Savin-Williams acknowledges throughout his book is the very inconsistency of how “bisexual” is defined in previous research. He argues for the widest and most inclusive window: those who self-identify with the term “bisexual” are fewer than those who actually have physical encounters with both sexes, and those with experience are fewer than those who have had attractions to both sexes. Many previous researchers have classified as bisexual only those who might rate as an equally balanced Kinsey 3, or perhaps a Kinsey 2-4, whereas Savin-Williams believes that only Kinsey 0’s and 6’s should be excluded from the bisexual umbrella. Traditional research methods also fail to capture the fluidity of sexual preferences: an individual who rates as a Kinsey 0 at the time of a survey might at some past or future stage of life be a Kinsey 1 or 2 or higher. In addition, sexual preference per se should not be the only criterion: Savin-Williams’ case studies include more than one example of individuals whose sexual history is mostly with one sex, but whose romantic preference is entirely with the other sex. Savin-Williams estimates that the most inclusive measure of bisexuality, recognizing all these permutations, might be as much as one-fourth of the adult population.

Savin-Williams is well aware of how unsatisfactory the bisexual label is, inasmuch as it is eschewed by many young people themselves, who prefer terms such as “pansexual,” which refers to a complete indifference to the gender or sex of one’s object choice and would include attraction to individuals who do not conform to the gender binary. This term is not synonymous with bisexual, as many bisexuals distinguish sharply between what they value in male and female partners, but Savin-Williams does consider all pansexuals to be bisexual in that their attractions include both male and female. As he explains (p. 114), “… pansexuality has become for some youths and young adults a self-chosen recalcitrant and insubordinate identity, largely because it is sufficiently vague and all-inclusive so as the deliver no information to those who ask inappropriate, invasive gender or sex questions. As such, ‘pansexual’ is transgressive, a placeholder for those who are unlabeled, questioning, not sure, and none of the above and those who defiantly resist being boxed in by convention.” Although he does not discuss it, the term “queer” (letter Q in the alphabet soup) has come to function much the same way for other young people.

Others who are actively exploring or experimenting would call themselves “fluid.” A substantial number of young people, particularly those with limited sexual experience, respond to surveys with answers like “Unsure” or “Don’t Know.” Others simply prefer to “pass” as heterosexual, because it raises fewer issues for them. Yet others refuse to answer the question at all. Savin-Williams believes these should also usually be counted within the bisexual rubric, which he regards as an expansive umbrella category rather than a single, uniform identity or experience: “bisexual” simply means not exclusively heterosexual or exclusively homosexual. Hence his belief that bisexuality is always undercounted in most sexual preference surveys.

As in his earlier books, Savin-Williams’ method is to combine synthesis of previous quantitative studies with his own qualitative interviews of mostly college-age young people. The quantitative studies, despite the definitional limitations discussed above, reveal much of interest. It has long been known that women are more likely to identify as bisexual than men, perhaps because of the greater stigma attached to male homosexuality as opposed to female-on-female sex (which many straight men regard as a turn-on). In one survey (the National Survey of Family Growth), 19% of women and 8% of men reported some level of attraction to both sexes, and in another (Add Health), 14% of women and 5% of men reported sexual behavior with both sexes.

More surprising is the generational divide. According to a 2020 Gallup survey (https://news.gallup.com/poll/329708/lgbt-identification-rises-latest-estimate.aspx), 11.5% of the population born since 1997 self-identify as bisexual, compared to 5.1% of those born 1981-96 (so-called “Millenials”) and only 0.3% of the Boomer generation and older (born pre-1965); in contrast, the increase in gay or lesbian self-identification was far less dramatic, so this cannot be explained simply by lower social stigma. It is unclear whether this trend is due to older individuals who may have been bisexual in the past settling into a more fixed orientation as they age or to the greater historical saliency of bisexuality as a concept during younger people’s period of identity formation (since the 1990s).

In an interesting chapter, the book explores the distinctive challenges of bisexual youth from different racial backgrounds. A small sample of sexual minority youth published by Haltom & Ratcliff (Archives of Sexual Behavior 2020) suggests that African-American youth were later than other races in labelling or disclosing same-sex attractions (age 17-18), but the earliest in having actual same-sex experiences (average age of 14). Theologically driven homophobia and black nationalist hypermasculinity both play a role in deterring even self-recognition of a gay or bisexual identity, such that many African-American men who are behaviorally bisexual on the “down low” refuse to acknowledge that they are anything but heterosexual. The same phenomenon has been observed among African-American prison inmates who are situationally bisexual. Young African-American women have been shown to be twice as likely as their white counterparts to engage in same-sex relationships (p. 186), driven in part by the non-availability of male partners due to mass incarceration or desertion after the birth of children. Latinx and Asian-American youth also display distinctive patterns of sexual awareness and activity due to unique cultural factors, especially when their families retain the patriarchal values of the countries from which they emigrated.

The book makes a stab at treating the subject of gender variant youth, many of whom can be considered bisexual to the extent that their gender identity changes over time, even if their sexual preference remains stable. This discussion is not altogether satisfactory and should really be the subject of another book, which I hope Savin-Williams will write. I would suggest that nonbinary, genderqueer, and gender fluid youth stand relative to transgender or cisgender youth as young people on the bisexual, pansexual, and queer spectrum stand relative to exclusively gay or straight youth, but this is not an analogy Savin-Williams dares to make, perhaps due to fear of offending trans sensibilities. Transgender ideology relies on the same dichotomous essentialism as gay/straight identities did prior to the interventions of queer theory. This is not at all the same thing as the colorful gender expressionism and experimentation of the mostly gay, lesbian, and bisexual young people who reject extreme medical interventions based on exaggerated stereotypes of masculinity and femininity.

Savin-Williams introduces the concepts of toxic masculinity and femininity as foils to the discussion of gender variance. Again, this is a discussion that deserves a book of its own with reference to contemporary youth. Although toxic masculinity is described in a fairly conventional manner, I do not think toxic femininity is adequately identified. Savin-Williams sees it as a complement to toxic masculinity by presenting women as excessively submissive, passive, and domestic. Women who adopt that posture may well be toxic to themselves, but the more socially toxic form of femininity today is quite different. The impulse to domination and control of a subordinate partner, emotional coldness, and aggression that defines toxic masculinity is not unique to men. There are many couples in which the female partner is the primary bread-winner or emotionally dominates a weak and feckless male partner. Toxic behaviors that one not infrequently observes among young women today might include attention-seeking on social media, playing the victim when one is not a victim, vindictiveness, gossip, ridicule, false accusations of sexual impropriety, cyberbullying, etc. These may not involve physical violence against their victims so much as verbal and social aggression, but they do create victims nevertheless.

The book is most engaging in its narratives of individual case histories of the young people Savin-Williams interviewed, which illustrate a great variety of experiences. Some are still virgins in their early 20s, but others began sexual experimentation at very young ages. Several of the narratives of bisexual males recounted in Chapter 2 reveal sexual experimentation with other boys right around the time of puberty (or in some cases, like Donovan’s, much earlier). This was seldom seen as gay at the time, and some of these young men went on to identify as mostly heterosexual. But one does wonder whether early exposure to willing same-sex partners prior to solidification of an identity opens up doors to recognition of a later bisexual orientation. The issue of early sexual debut and its relation to bisexuality is something that deserves more systematic investigation.

In the past, bisexual males have faced stigma from both gay and straight. Gays tended to consider them dishonest, using heterosexual interests as a cover or in an inauthentic effort to conform with society’s expectations. Straight men would dismiss them as gay and promiscuous. Straight women would not knowingly date bi men out of concern that they were inconstant or secretive partners who might be infected with HIV or other diseases. Savin-Williams is optimistic that these stigmas are disappearing as non-dichotomous alternatives gain recognition and acceptance by a growing share of young people. However, his questioning of subjects does not seem to have included any items about the degree of disclosure of bisexual orientation to dating partners who were not bisexual. Is it still the case that 90% of bisexual men do not tell their wives or other opposite-sex partners about their same-sex attractions? How does this affect the depth and stability of their relationships? Knowing the answer to these questions is what will provide insight into just how far bisexuality is truly accepted by society at large.

Percy Foundation President Retires from University Teaching

Announces $300,000 Gift to the Percy Foundation

Percy Foundation President Thomas K. Hubbard retired at age 65 from his post as James R. Dougherty, Jr. Centennial Professor of Classics at the University of Texas, Austin, so that he could devote his time and fund-raising skills exclusively to the Percy Foundation. Concomitant with his retirement, Hubbard announced his donation of $300,000 to the Foundation, as part of the proceeds he received in an unprecedented legal settlement with his former university.

Starting in November 2019, Hubbard was attacked by a loose coalition of extremist groups on campus, falsely alleging that his scholarship on ancient homosexuality “promotes pedophilia” and “advocates the violent rape of teen boys,” or that he was a pedophile himself and a “threat to student safety.” The initial organizer of the campaign is the daughter of Republican political operative Allen Blakemore, who was designated “the Darth Vader of Texas politics” by the District Attorney of Harris County (Houston). He is the chief political strategist for the legislative machine of the powerful and homophobic Lt. Governor Dan Patrick, a former talk-radio host from Houston. Her libelous claims about Prof. Hubbard’s scholarship were not only rapidly disseminated through local student social media and Texas news media, but also national media including The Daily Beast, Breitbart News, Law Enforcement Today, and Freedom Project Media (an arm of the John Birch Society). The Law Enforcement Today story, which had the title “Professor Argues It Should Be Legal for Grown Men to Have Sex with Children,” was widely circulated among right-wing social conservative networks on Facebook, until Prof. Hubbard reached a legal settlement with the publication to take it down and pay him damages.

At 3:30 AM in the morning of December 9, 2019, the last day of classes, Prof. Hubbard was awakened in his Austin home by the sound of crashing glass in the front room of his residence. When the police arrived some 20 minutes later, he found that a cinderblock fragment had been thrown through the window and the front of his house was spray-painted in red with hammer-and-sickle logos and large letters spelling CHILD RAPIST. Threatening graffiti was also left at other locations in his neighborhood. At 6:00 PM that evening, a mob of 15-20 masked protestors invaded his property, pounding on doors and windows, shining bright lights at the windows on every side, and chanting defamatory slogans through loudspeakers. The demonstrators also put leaflets in every mailbox in his neighborhood with his photos and claims that he was a dangerous child predator. The hour-long demonstration was videorecorded and broadcast live online, as well as being archived by the ANTIFA-linked revolutionary website Incendiary News. Credit for the attack was taken by another Marxist group known as the Popular Women’s Movement/Movimiento Femenino Popular. This group had been promoting a series of on-campus sit-ins and rallies that Fall to demand the removal of various male professors who were accused of sexual harassment, and uniquely in Prof. Hubbard’s case unpopular viewpoints.

Rather than quietly retiring in the face of such an assault by extremists of both the Right and Left, as some other faculty did, Prof. Hubbard fought back, demanding that his university correct the record and take action against the students responsible for the libelous campaign that made it impossible for him to teach safely on campus or even reside in Austin. Instead, the University did nothing but issue equivocal press releases distancing itself from supposed “world views that harm people.” The University President never criticized the violent attack, but instead expressed his “understanding” for the “concerns” of the protestors who perpetrated it, and announced an investigation of Prof. Hubbard. That investigation turned up nothing, but its result was never publicized.

Once it became clear to Prof. Hubbard that the University had no intention of punishing the students involved or in any other way supporting his academic freedom of inquiry, Prof. Hubbard spent considerable financial resources to retain the best legal talent available. After giving them an opportunity to withdraw their libelous statements, Prof. Hubbard sued the three students who were most responsible for the campaign, including Allen Blakemore’s daughter. He also filed an EEOC complaint against the University for its failure to address the stereotype-based harassment of a gay professor (which qualifies as sexual harassment under federal appellate jurisprudence). Prof. Hubbard and his counsel believed that the university president was retaliating for a letter Prof. Hubbard wrote to the Board of Regents debunking a deeply flawed and unscientific multi-million dollar study that purported to demonstrate an embarassingly high rate of sexual assault and harassment at the UT-Austin campus. This tendentious study, based on a biased convenience sample and poorly worded questions, did great damage to the University’s reputation and directly precipitated the violent wave of anti-male protests that came to a head in 2019-20.

Hubbard was widely denounced by other academics who knew little of his case, but thought no student should ever be held responsible for anything they say, no matter how ignorant, untrue, or damaging to innocent parties. A bill was even introduced by one of Allen Blakemore’s clients in the Texas Senate to require universities to fire any professor who ever sued a student for anything; another Blakemore client introduced a bill threatening faculty tenure. The University of Texas System’s Vice Chancellor was caught lying in testimony to the senate, falsely claiming that the university had alternative paths of resolution that could have prevented a libel suit. However, Hubbard had defenders. Prof. Brian Leiter, a noted First Amendment expert at the University of Chicago, wrote multiple blogs explaining that these student statements were in no way legitimate expressions of “opinion,” but statements of fact that qualified as per se defamation and were a threat to true academic freedom. The state’s faculty unions were immediately on top of the proposed legislation and defended the right of faculty to sue malicious students, informing other senators on the Higher Education Committee of the pernicious political origins of the proposed bills. In the end, the people’s representatives emphatically rejected the bills; some of them expressed concern that universities’ failure to regulate irresponsible social media left them and their employees vulnerable.

Hubbard’s complex litigation strategy allowed him to use the discovery powers yielded by his three libel suits to expose the direct complicity of both former university president Gregory Fenves and the university’s general counsel in leading Allen Blakemore’s daughter to believe that they supported her. She had lunch with the general counsel on the same day that she disrupted Hubbard’s large class, was invited to the President’s skybox at a football game, was seated at the President’s table during a political event, and told by him “not to worry” about the possibility of a libel suit. In addition, Hubbard was able to subpoena evidence showing misconduct and mendacity at multiple administrative levels of the university. Evidence proved a direct connection between Blakemore fille and the violent Marxist group that attacked Hubbard’s house, and that university officials were aware of their connection.

In June 2021, the University of Texas offered Hubbard an unprecedented settlement of $700,000 if he would retire at 65 and discontinue further discovery in his libel suits that might turn up more evidence of the university’s culpability. The university used public funds to bail out a privileged and politically well-connected student from a wealthy family who, with a small group of other extremists, attempted to ruin the career of a major scholar whose work she had scarcely read, much less understood. It should be noted that the amount of $700,000 is far in excess of what would normally be offered in settlement of a mere labor dispute with a professor who was already 65. The amount is in fact nearly equal to the statutory maximum allowed by Texas law for libel WITH PUNITIVE DAMAGES.

This case should be regarded as a major victory for academic freedom against defamatory disinformation. Prof. Hubbard persevered in pressing ahead, despite ostracism within his own department and field, because of his conviction that honest historical and social scholarship on controversial issues must not be intimidated through ignorant anti-intellectual mischaracterization by political actors or press. He hopes that this victory, as well as his successful actions against multiple media sources, will deter such ad hominem political attacks on academics in the future.

However, Prof. Hubbard also believes that his case should be a warning to both scholars and donors that even the most prestigious public universities have become so riddled with political corruption and ideological uniformity that they are unreliable defenders of the free pursuit of truth. By donating nearly half his award to the Percy Foundation, as well as pledging the bulk of his large estate, Prof. Hubbard wishes to send the message to other educated citizens that honest scholarship in public policy and the liberal arts is better supported through private foundations like ours than through America’s hopelessly deteriorated and feckless university system.