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Accused of pornography: “I’m more into soft things”
A 63-year-old Swiss man had to answer for pornography before the Dietikon district court. He tried to avert a conviction with a sometimes adventurous defense strategy.
There were at least 149 films and 167 images of prohibited child pornography on the accused’s data carriers.
Symbolic image: Oliver Menge
Nervous and with shaking hands, the defendant sat down before single judge Heinrich Kistler. There was a reason for his nervousness, as the 63-year-old Swiss had to answer for pornography before the Dietikon district court. When the judge initially explained to him that the press representative would report on him anonymously, the defendant turned nervously to the chronicler: “Good, I want to be a lover.”
Love or not, the crimes that the confessed Limmattaler was accused of were anything but harmless. According to the indictment, the accused is said to have knowingly and willingly consumed images and videos at his place of residence on the Internet or in the chat app “Snapchat” “that showed naked or almost naked boys under the age of 16, primarily reduced to the genital area.” The boys were “shown in explicit, sexually related poses or engaging in sexual acts,” it continues.
A house search at the end of 2023 revealed that the defendant had saved this material on various data carriers and also in the OneDrive cloud. The data carriers contained at least 149 films and 167 images of prohibited child pornography as well as three images of virtual child pornography. “The accused had downloaded these for the purpose of consumption,” the indictment continues.
Accused: “Played truth or dare”
“Yes, that’s true,” said the defendant right at the beginning of the hearing. He made a “Seich”. “But I never actively looked for these photos and videos,” he asserted. Rather, the question popped up on Snapchat as to whether he was interested in a “trade”. He said yes and received files. “When I opened the files, there were photos of clothed girls.” He immediately clicked away the photos.
What exactly he did with the material was also very difficult for the judge to reconstruct because the accused kept answering evasively. In particular, he could not conclusively explain why he had saved three films to OneDrive since he actually wanted to delete them. “Yes, that was probably a technical error on my part.”
Single judge Kistler asked more questions. “What did you want to trade?” The judge had to ask the sender of the message that, was the accused’s succinct answer. The fact is that such pictures wouldn’t interest him at all.
“What are you interested in?” the judge wanted to know. «I have a wide range of interests. I’m more into finer things. I can’t stand violent things.” The judge wanted to know whether he was also interested in things involving boys. “Yes,” the accused admitted. “Again, what exactly were you looking for on Snapchat?” The accused squirmed. “Let’s put it this way, people certainly don’t discuss politics or finances on Snapchat.” There are a lot of disturbed people on Snapchat. But ultimately he just chatted and sometimes played “truth or dare” with strangers.
“You have long since crossed the red line”
The judge also wanted to know why the accused had saved this sensitive material, which he said he wanted to get rid of, on various data carriers instead of deleting it. “I did a PC update.” Now the judge asked the crucial question: “What is your sexual preference?” According to the accused, he is homosexual and prefers younger people. “Would you describe yourself as a pedophile?” No, he has never touched a child. “It’s not about whether you specifically did something, but about your inclination,” said the judge.
Could the accused not imagine addressing his tendency therapeutically? «No, I know myself very well. For me there is a red line that I would never sexually molest a child.” Firstly, children today are very well informed and secondly, he himself is also afraid.
The judge didn’t let up. Does he have any idea who produces such material with children? No, but they are certainly evildoers. “And why do you think such material is produced?” Because there is a demand, according to the accused. «Exactly. And who asks? People like you. “You have long since crossed the red line because people like you support this industry,” said the judge in clear words.
Difficult cream slice comparison
He has great doubts as to whether the accused is aware of this. “During the police interview, you compared your behavior to someone who actually wants to lose weight and still eats a cream slice. Do you think that’s a good comparison?” “No, not really,” the accused replied contritely.
Finally, the judge wanted to know what the single defendant’s social life was like. “Among other things, I work in a club where most of the members are over 70 years old; So there’s no danger there – sorry, that shouldn’t be a provocation.” In his closing statement, the accused said: “I am a Swiss Bünzli, I trust in the Swiss justice system.”
Convict: “It’s already happening now”
Justicia gave her verdict after a little more than an hour. The court found the 63-year-old guilty of pornography and handed him a conditional fine of 140 daily rates of 120 francs each and a fine of 2,100 francs. The court thereby tightened the punishment for the public prosecutor, who had demanded a conditional fine of only 90 daily rates of 120 francs each. As requested by the public prosecutor, the court imposed a lifelong ban on working with minors.
“You specifically searched for this content,” said the judge. Above all, the court does not believe that he is sorry. “You’re not really insightful; you tend to trivialize the whole thing.” In this case we are dealing with an industry that specifically produces such content for people like the convicted man.
“It’s already happening now,” the condemned man accepted the verdict. «Yes, that’s how it should be. Because you are quite polite. “But that doesn’t change the fact that you are exactly who they are looking for,” said the judge. And finally he told the convicted man: “Remember: If such material is found on you again in the next two years, you will be treated in a completely different way.”
How can education and awareness programs reduce the stigma around seeking help for individuals with harmful impulses towards children?
1. What do you think about the justice system’s approach to dealing with individuals who possess child pornography?
2. How can we, as a society, address the demand for child pornography and prevent people from seeking it out?
3. Should individuals who view or possess child pornography but have not acted upon it be penalized to the same extent as those who have?
4. How can we ensure that individuals who have been convicted of possessing child pornography do not reoffend in the future?
5. What role does the internet and online platforms play in enabling access to and production of child pornography? What measures can be taken to curtail this?
6. How can we support individuals who identify as pedophiles or have sexual fetishes involving children in seeking treatment and maintaining their distance from illegal material?
