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Who Draws The Line Between Art And Child Porn?

How do we depict the sexual realities of adolescence without harming children?

DISCLAIMER: Never share or distribute scenes or movies involving child pornography of any sort. Distributing these scenes to raise awareness can cause further victimization of children and may have legal consequences. Report child pornography to the National Center for Missing and Exploited Children.

My husband accidentally showed me child pornography.

It happened a couple of years ago, when we first started dating. We were in that “getting to know you” stage and would frequently choose our own favorite movies to show the other when we went on dates. My husband decided on Moonrise Kingdom, thinking it would be right up my alley since I love coming-of-age stories. I understand why: Moonrise Kingdom is a poignant, critically acclaimed, visually stunning movie that paints a very realistic portrayal of the complicated emotions children experience when they are in the process of exploring their own growing independence. I was captivated by Wes Anderson and Roman Coppola’s skillful storytelling, until the scene.

The two lead actors, Jared Gilman and Kara Hayward, were both twelve years old at the time of filming. I didn’t know this at the time. All I knew is that there were two children stripping down to their underwear on camera and French kissing each other. The young girl says that the boy “feels hard,” but that she likes it. The boy gropes the girl’s chest and the girl says she thinks they’re going to grow more.

I have post-traumatic stress disorder partly from childhood sexual assault. When I saw that scene for the first time, I felt like someone was sitting inside of my ribcage. I felt like I was suffocating under the weight of what I had just witnessed: two children being exploited in a public and permanent way. I sobbed so hard that we had to stop the movie.

“Anderson would have to get their parents’ permission, first,” my husband said. “He wouldn’t be able to do it without their consent.” My husband has always been incredibly sensitive and supportive toward my PTSD. He checks movies with me before we watch them to make sure they don’t have sexual content or nudity that might trigger a panic attack. When we decided to watch Moonrise Kingdom, he told me that I would have no problems watching it: since the main actors were children, the film contained no sex or nudity. I felt furious at my husband for showing me two children involved in a sexually exploitative scene. But beyond that, I couldn’t understand why he didn’t see anything wrong with it.

When I saw that scene for the first time, I felt like someone was sitting inside of my ribcage. Click To Tweet

Maricsa Evans, a licensed marriage and family therapist, explains that “Introducing children to sexualized behavior at an early age causes a lot of problems later on developmentally, emotionally, and mentally.” According to Evans, the children’s lack of ability to fully understand the situations they are being exposed to can lead to serious developmental problems, such as engaging in reckless sexual behaviors from a young age. “If they feel traumatized or violated from experiences like this, it can lead to dangerous behaviors such as drug addiction or emotional distress where they need to have mental health services,” Evans said. Later on, if the children become uncomfortable or feel that they were unable to truly consent, it can cause them to have a troubled or negative relationship with their own sexuality or even lead to disorders such as PTSD.

Considering that children are not able to consent to these scenes, their parents shouldn’t have the right to consent on their behalf. “It’s exploitation of your children,” Evans said. “That in itself is child pornography.”

Federal child pornography laws, as specified in 18 U.S.C. § 2258 (b), apply to “any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct.” Child pornography is defined as any visual depiction of sexually explicit conduct involving children under the age of eighteen. According to federal law, the scene in Moonrise Kingdom falls squarely under child pornography. Why, then, were no lawsuits filed over this movie?

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When it comes to pornography, many people still subscribe to Justice Potter Stewart’s statement, “I know it when I see it.” In the case of Moonrise Kingdom, people fail to question whether the film constitutes as child pornography simply because it seems so “artistic.” Anderson relies on his signature storybook cinematography to entice viewers to feel detached from reality. Due to the soft fairytale aesthetics in Moonrise Kingdom, people are reminded that it is just a movie—thus, “art” and not pornography. Furthermore, people rarely question the scene because the children are engaging in exploratory behavior. “There is a normal developmental curiosity with children when it comes to sex,” Evans said. However, this behavior is never something an adult should facilitate—especially not for a film.

People are now opening up the discussion of films that include child pornography after Netflix began streaming Diego Kaplan’s 2017 film Desire. Viewers were outraged by the opening scene of Desire, which features two girls under the age of ten playing with pillows while watching a cowboy movie. One of the girls, mimicking the cowboy riding on a horse, begins to masturbate on the pillow. She eventually reaches orgasm. After Netflix’s choice to stream the film sparked such controversy, Kaplan released a statement defending the scene:

The girls never understood what they were doing, they were just copying what they were seeing on the screen. No adult interacted with the girls, other than the child acting coach. Everything was done under the careful surveillance of the girls’ mothers.

This defense misses the point entirely. If the children are too young to understand what they are doing, they are too young to consent to these behaviors. “Children involved in these situations might start questioning themselves: ‘What does that mean? What does that mean about me?’” Evans said. “A lot of doubt and questioning about themselves is going to happen, which is why certain things shouldn’t be introduced to kids too early in their life. It can impact their ability to trust their parents later on if they feel like their parents made the wrong calls protecting them, they’ll have a hard time trusting anyone.” This situation can be damaging to the young actress if she grows up and feels violated by what she was asked to do for the film.

In the case of Moonrise Kingdom, people fail to question whether the film constitutes as child pornography simply because it seems so artistic. Click To Tweet

These consequences become even more disturbing when I considered what Anderson was actually trying to accomplish with the kissing scene in Moonrise Kingdom. Gilman stated that in the month before filming began, Wes Anderson wanted him and Hayward to exchange letters in the style of the “Dear Sam”/”Dear Suzy” letters. He also said that they did not rehearse the kissing scene beforehand. The scene was both of the actors’ first kiss and, as Gilman explained, “Wes wanted it to be authentic.” Hayward further noted, “Wes wanted it to be these two kids’ first kiss. So that’s how we did that.” Gilman also noted that, for the sake of their privacy, they were given a closed set for filming.

Closed sets are used for actors who are filming scenes that involve nudity or sexual activity that they might want a greater deal of privacy for. A child actor should not need a closed set because a child actor should never be put in the same position adult actors are in when they require closed sets.

It is clear from the beginning that Anderson wanted to foster a certain kind of relationship between the two children. Gilman stated that he e-mailed Hayward at first, but then Anderson decided that the actual act of writing letters was important to help the actors get in character. Anderson did not want the children to act out a scene of two characters’ first kisses: he wanted to create and capture a real sexual experience between these two children. And regardless of whether parents or filmmakers intended on pressuring these children, the pressure of this being a job can make it even more difficult for the children to feel comfortable about the decisions their parents made for them.

How, then, can filmmakers responsibly tell coming-of-age stories? The rules are pretty simple. “Filmmakers have a moral and ethical responsibility to protect children from scenes involving touching, nakedness, and implications of sexuality,” Evans said. “I feel they have a higher call to prevent this type of thing from happening. Children should never be in real sexual situations for these movies.” Parents have an even greater responsibility to protect their children by not consenting on behalf of them for scenes that can be developmentally damaging.

“Parents should not let anything slightly related to a sexual encounter guide them to do anything but protect their children and others that are out there,” Evans said. “If no one else, your own children.”

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However, there are ways of telling stories about childhood sexuality without harming children. Gregg Araki’s film Mysterious Skin tells the coming-of-age story of two boys, one of whom is molested as a child and becomes a sex worker as he grows up. It’s a graphic, NC-17 rated film that has no issues depicting adult sexuality—but the filmmakers were careful to protect children when shooting scenes that had to imply child sexual abuse. In one scene, it is implied that an adult man is about to engage in sexual acts with a young boy. In order to accomplish this, the scene relies on close-ups of the actors faces that imply physical contact that is never actually depicted. This technique approximates intimacy between the actors without involving any actual interactions between them. By approaching the scene this way, the filmmakers ensured that they would not have to compromise their artistic expression when treating the scene—and the young actor—with the sensitivity they deserve.

Recent movies Love, Simon and Edge of Seventeen also create beautiful coming-of-age stories without featuring scenes of sexuality. The use of clever dialogue and imagery capture the relatable conflicts growing up. Teens in these movies experience the excitement and awkwardness of growing up, and struggle with trying to embrace an adult world they aren’t quite ready for while learning how to assert their independence and autonomy. Much of the beauty in these movies lies in the dialogue, which expresses the teens unique experiences with love, fear, and confusion in ways that are raw and nuanced.  

Dialogue, imagery, and point-of-view narration are just three tools that filmmakers can use to create poignant and realistic coming-of-age stories. Children should never have to be in legitimate sexual situations on camera. “It’s child pornography,” Evans stated. “No one should be able to consent to children doing sexual acts on camera.”