Leave those kids alone

Criminalising young people is counterproductive and creates lifelong offenders. Rather, we need a co

Where was law and order in the 2010 election? During the campaign, there were arguments about civil liberties, identity cards and immigration control. But the election was the first in over 30 years in which law and order barely figured. This is even more striking given that 2010 will go down as a political turning point.

In 1979, the Conservative Party made law and order central to its drive for power, capturing significant numbers of core Labour voters. In 1997, New Labour reversed the trick, overtaking the Tories on the right and distancing itself from Old Labour's law-challenging radicalism. Most of New Labour's effort went on the first half of its populist slogan "Tough on crime; tough on the causes of crime". Perhaps 2010 will signal a welcome cooling of the law-and-order party-political arms race.

No serious analyst of law-and-order policies believes that either the welter of new legislation that has afflicted our criminal justice system or the locking up of increasing numbers of offenders has made us safer in our beds at night. There is general agreement that the time has come to roll back our heavy use of criminal justice interventions and stop talking up the potency of criminal law to solve our social ills.

On 30 March, just over a month before polling day, Iain Duncan Smith argued in a speech at the Attlee Foundation in London that we could not "arrest our way out of our problems". At the same event, by contrast, Chris Grayling promised "robust policing", but he was not heard
of for the rest of the campaign. Grayling may not get it, but most politicians now do. They privately agree with the Treasury that a grave
financial crisis should not go to waste.

The major cuts in public spending in the policy pipeline provide an opportunity for us to stop doing a few things we should never have done - chief among them criminalising and locking up so many children and young people, thereby grooming a new generation of long-term adult criminals from whose depredations we will all suffer.

The trend is clear. Even though the volume of crimes, including those for which young people are responsible, has fallen since the mid-1990s, by 2007 there were more than twice as many children in custody as at the beginning of the 1990s. The increase is not explained by a corresponding rise in serious crime by children. Events such as the murder of James Bulger in February 1993 or the torture of two boys in Edlington, South Yorkshire, in April 2009, are thankfully rare. In that sense, Britain is no more broken today than it was 20 years ago.

Paying the price

Nor should we get hung up about offensive, antisocial behaviour committed by young people. That may have got worse, but no one seriously believes that the problem is best solved by putting already disaffected and typically disadvantaged youths behind bars. At roughly £100,000 a year, this costs more than three times as much as sending a child to Eton, and the outcome is not an enhanced prospect of becoming prime minister, but typically a lifelong relationship with the revolving door of Pentonville. As the former Conservative home secretary David Waddington confessed, it is an expensive way of making bad people worse.

So, how to save taxpayers money and better protect us from being victimised? It is a good first step that the plan to build a 360-bed young offender institution (YOI) outside Leicester has been scrapped. The proposal was undesirable and unnecessary. The youth custody population of England and Wales has fallen in the past two years from 3,000 to roughly 2,200. The surplus capacity this creates should allow the Youth Justice Board, which commissions custodial places for under-18s, to avoid unsuitable establishments. Indeed, it should be thinking about a completely different residential model.

The new government should now also do the following. First, a new agency should be created, separate from the prison service, to manage all accommodation for young offenders - the local authority secure homes, the commercially run secure training centres and the YOIs. This would make for coherent national planning, which is at present lacking.

This new agency should consider piloting a community-oriented institution along the lines of the proposed Young Offender Academy investigated over the past three years by a working party with the Foyer Federation, the support agency for youngsters making the transition to adulthood. We must keep the secure homes for younger children provided by local authorities. They are expensive, but they provide the sort of one-to-one care needed by children who have done dreadful things but are often both neglected and disturbed. In addition, we must explore an alternative model to the big YOI, an outmoded tool that should have been consigned to the penal dustbin.

Most of the cost of youth custody should be transferred from central government to the local authorities from which the young people come. This proposition has been pondered indecisively in Whitehall for several years. It must now be done. It would be the best way to give an incentive to the local authorities to invest in crime-preventive community programmes (research shows that confidence in these programmes is critical in persuading sentencers to avoid the use of custody). If this happened, a question mark would hang over the continued need for the Youth Justice Board.

The thousands of young people locked up each year spend, on average, 14 weeks in custody. It is wrong that a high proportion of them are held far from home, and unsurprising that the overwhelming majority are reconvicted within 12 months of getting out. Preventing youth crime involves determining responsibility and fixing consequences. But it also involves promoting positive, law-abiding opportunities and working with families as well as individual offenders - not further dislocating already fragile relationships. None of these processes is best achieved by transporting teenage offenders to large, distant, prison-like institutions.

Too much too soon

Finally, the conviction on 24 May of two boys aged ten and 11 on a charge of attempted rape of an eight-year-old girl should lead the government to reconsider the age of criminal responsibility. It is not in the interests of any child, either victim or offender, or society at large, that children as young as this undergo adversarial criminal justice proceedings. Such matters are, if necessary, better dealt with by the family courts and childcare proceedings.

Law-and-order services, which cost just under 6 per cent of overall public expenditure, are not going to be among the heaviest hit in the period 2011-2014. Policing, which claims the largest share of the pot, is too politically sensitive for that. But things are nonetheless going to be tough for front-line practitioners. There will be significant cuts. This makes it imperative that we shift the centre of expenditure gravity from that which is totemic to something that has a prospect of working

Rod Morgan was chairman of the Youth Justice Board from 2004-2007

Crime and punishment

Levels of youth crime have decreased overall since the early 1990s. However, during this time, there has been an increased use of custodial sentences for children and young people. In 1999, Home Office figures showed that while the level of detected youth crime had fallen by 16 per cent since 1992, custodial sentencing had more than doubled.

Tony Blair's establishment of the Youth Justice Board in 2000 continued this trend. While the government was keen to trumpet the success of its reform, a report by the Centre for Crime and Justice Studies said that youth offending had barely changed, but more children had been criminalised or imprisoned. It is a vicious cycle: the same report found that reoffending rates were highest among those who had had a custodial sentence.

Recent years have brought a sharp decline in youth crime: a 10.2 per cent drop between 2005 and 2008. However, this figure fails to take account of more than 19,000 children and young people issued with penalty notices for disorder or antisocial behaviour orders. If such children were included, the 10.2 per cent drop would be nearly eliminated.

This points to a problem in the statistical analysis of youth crime, which is the changing definition of what constitutes a crime, and how harshly it is punished. Crime levels may be unchanged, but criminalisation is rising.

Samira Shackle

This article first appeared in the 21 June 2010 issue of the New Statesman, The age of ideas

Mike Lombardo via @moreMiLo
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“I was almost brainwashed by him”: How male YouTubers get away with preying on young fans

A multitude of YouTube stars have been accused of taking advantage of young fans, but little is being done to tackle the problem.

In June, a 24-year-old YouTuber named Austin Jones was charged with two counts of producing images of child abuse. Court documents allege that the internet personality – who has more than half a million subscribers to his YouTube channel – solicited explicit videos from two of his young female fans. According to the criminal complaint, Jones asked one of the teenage girls – known only as Victim B – to dance for him, and said: “Bounce again and smile at the camera while you bounce. And while you bounce, say ‘I’m only 14’ 3 times throughout the video.” Jones has been released on bail and is awaiting trial. Jones’ attorney Gerardo Solon Gutierrez points out that the singer is “innocent until proven guilty”.

A few weeks later, a YouTuber known as Durte Dom was accused of filming a 15-year-old girl from behind while she danced at a party, without her consent. “He filmed my ass dancing,” the girl wrote anonymously on Twitter. Dom responded to the allegations via the social network, writing: “the party was 18+, the girl snuck in. don't fool yourself.” He says he will now “start having people sign release forms” before he films them.

These allegations are not isolated. In 2014, a Tumblr user called Olga accused the YouTuber Tom Milsom of coercing her into sexual activities when she was 15 and he was 21. Milsom did not comment publicly on the accusations and was never charged. Only a month earlier, a YouTube musician, Mike Lombardo, was jailed for five years on child pornography charges after soliciting explicit photographs and videos from 11 of his underage fans. 

These events set off a series of other allegations. Vlogger Alex Day admitted to having “manipulative relationships with women” after 14 women and teenage girls accused him of manipulation and abuse. One anonymous 15-year-old wrote on Tumblr that Day had sex with her knowing she was underage and “didn’t listen to me when I asked to stop”. Day denied any sexual relations with underage girls, and none of his alleged victims pressed charges. Another YouTuber, Ed Blann, admitted in a now-deleted Tumblr post that he “manipulated” an of-age fan into sex even after he was “repeatedly told to stop”. Like Day, Blann never faced any charges, but, also like Day, he apologised for his actions.  

 In September 2014, a 19-year-old woman accused the YouTube prankster Sam Pepper of raping her, and another woman filed a police report accusing him of rape. Pepper denied the accusations, was never arrested and charges were never filed. He did, however, apologise for YouTube pranks that included pinching women’s behinds while wearing a fake hand.

A Tumblr post set up to track emotional and sexual abuse in the YouTube community to date features allegations against 43 YouTubers.

***

Social media revolutionised the concept of celebrity – and celebrity-fan interactions. YouTubers are both incredibly adored and incredibly accessible. Products they design sell out overnight and their live events fill arenas. At the same time, fans are often just a few clicks away from engaging in private, one-on-one conversations with their heroes.

“I feel like I was kind of blinded to the whole situation, like I was almost brainwashed by him,” says Ashley LaPrade, a 16-year-old who claims that when she was 15, Austin Jones coerced her into creating sexualised videos on the messaging app Kik. She posted screenshots of their conversations on social media after the news of Jones’s arrest broke.

“It was kind of casual at first and he asked me to model his merchandise for him... so I did. I took a couple pictures and I’m a gymnast so I was trying to like impress him and I did like splits and stuff,” she says. She alleges that Jones asked her to film herself from behind while bending down or dancing. “I didn't want to upset him and make him not like me,” she says.

LaPrade explains that as a young 15-year-old fan she “looked up” to Jones and was initially excited by his interest in her. After she began to feel uncomfortable with his requests, they stopped talking, but she continued to listen to his music and go to his concerts. She says that she only realised the severity of his actions after his arrest.

Many young fans like Ashley are initially unable to comprehend that anything wrong – legally or morally – has happened to them. Neesey Pathan is a 20-year-old student and YouTuber who claims she was sexually harassed by Sam Pepper when she was 15. In 2014, she posted a YouTube video of her allegations, showing screenshots of alleged conversations with Pepper in which he asks her to “do a naked a dance” and show him her cleavage.

“As a young naïve 15-year old girl, I just wanted to keep talking to him because I was a huge fan,” Neesey tells me. “When he started to get inappropriate with me, at the time that made me feel uncomfortable but I didn’t understand how serious that was, because of how young I was.

“I wanted him to stop being inappropriate with me but I didn't want him to stop speaking to me.”

***

Since the concept of celebrity was invented, nefarious individuals have used their fame to manipulate and take sexual advantage of young fans. In the 1970s, Lori Mattix was a “baby groupie” to musicians – alleging in a Thrillist article that she lost her virginity to David Bowie aged just 14. When the guitarist Ted Nugent couldn’t legally marry 17-year-old Pele Massa, he became her guardian instead. Anna Garcia met Prince aged 15 and began a relationship with him aged 17. “I guess it’s kind of a dream to a young girl of 17,” she said in the Nineties. “You can be influenced very easily and stuff like that because he’s 12-13 years older than me.”

It now seems as though a slew of YouTubers have taken advantage of this imbalanced fan-creator relationship, and have deliberately exploited the naivety of their young fans. Ashley and Neesey both claim they were emotionally manipulated.

“I think I put him on this pedestal, which put him in a position to very easily manipulate me and get what he wanted,” says Neesey. “I was just so excited to get to speak to someone who I had looked up to for a long time.”

Ashley claims that when she wouldn’t film increasingly explicit videos for Jones, he treated her coldly. “He went on about how he was in a bad mood now and he didn’t want to talk any more,” she says. “If I did something wrong to him, like if I didn’t blow a kiss or something, then he would make me redo [the video].”

In 2015, Jones was first accused of asking his underage fans to film themselves twerking. In a video entitled “Setting The Record Straight”, he admitted to asking for the twerking videos and said he became suicidal after this news became public. “I’m a pretty insecure person... I began researching different suicide methods. I started planning my suicide. It’s something I was very, very serious about,” he says in the video. 

“A lot of times when we were talking he was talking about how he was going to therapy so I kind of felt bad for him and that’s why I didn't really say anything [to the authorities],” says Ashley.

The American National Domestic Violence Hotline outlines on its website that threatening suicide can be a form of emotional abuse. “If your partner regularly threatens suicide, particularly whenever you’re not doing something he or she wants you to do, or when you’re trying to leave the relationship... this is a form of emotional abuse.”

According to Neesey’s screenshots, Pepper flippantly mentioned he was “suicidal” when she refused to show him her breasts. In Olga’s blogpost about Tom Milsom, she alleges: “he’d like sob and cut himself in front of me he threatened weird suicidal shit a lot”.

“Obviously, if someone is saying to you that they're suicidal, you want to help them, because obviously they don't mean it but as a young person you think they do,” explains Neesey. “And you don't want to be held responsible for them hurting themselves and you maybe care about this person because you’ve been watching them for so long. So you’re manipulated into carrying on contact with them because if you don’t, what will happen...” 

***

To date, Lombardo is the only YouTuber who has ever been jailed for sexually abusing his fans. There are a multitude of reasons for this. Some victims are too afraid to press charges, fearing backlash from a YouTuber’s fandom. Many victims are unable to see the severity of their abuse until they are older. More still are manipulated into silence. Parents can’t comprehend YouTube stardom, and fail to understand what is happening in their children’s lives. Some victims simply don’t know which authorities to turn to.

“I'm kind of steaming about this whole issue,” says Michelle LaPrade, Ashley’s mother. “I can’t even look at a picture of the guy. It makes me want to punch him.”

At the time, Ashley never told her mother about Jones’s behaviour, but Michelle overheard conversations about it between her daughter and her friends. “I feel like a bad mother. I never even really investigated it. Because I know girls and their drama and you know, [they] overreact sometimes.”

After Jones’s arrest, Michelle wanted to report his interactions with Ashley to the authorities, but she found her local police department unhelpful. “I don't know who to turn to,” she says.

Many more victims are unaware that a crime has even occurred. “When I was 15 I didn't see how problematic it was,” says Neesey. “I knew it was a bit strange, and I did feel uncomfortable, but I didn't realise that he was actually sort of committing a crime in terms of asking a minor, as an adult, to do these things...

“It wouldn't even have crossed my mind to go to the police.”

While the UK has the large-scale Operation Yewtree into sexual abuse by celebrities, there is no equivalent for YouTube. Despite the multitude of allegations spanning half a decade, there is no single helpline or dedicated investigation into YouTube abuse. When questioned on this, a Home Office spokesperson said:

“We cannot allow social media platforms to be looked upon as a safe space for predators to target our children and share indecent images. It is vital that communication service providers have easily identifiable reporting systems for people to flag inappropriate or illegal content – and that they are clear about what is and isn’t allowed on their sites.”

A YouTube spokesperson said: “We have clear policies against harassment and we enforce these policies by removing both flagged content and comments that break our rules as well as terminating the accounts of repeat offenders.”

Sam Pepper is still on YouTube, where his channel has over two million subscribers. Alex Day returned to YouTube in December 2015, and now has over 80,000 subscribers. Austin Jones’s YouTube channel remains live, though he is not allowed to use social media before his trial.

***

“I feel like it is really hard to be taken seriously,” says Ashley. On social media, people are prone to victim-blaming Ashley and other alleged victims, saying that they should have stopped replying to the YouTubers harassing them. “Yeah, we did send stuff back but it was... we were being pressured into it and we didn't want to upset him or anything like that,” Ashley says. Her mother tells me she is glad Ashley “took the high ground” in not sending overtly sexual videos to Jones.

Unsure which authorities to speak to, many victims turn to social media to discuss their abuse. Accusations play out on Tumblr, Twitter and YouTube itself. Ashley tweeted screenshots of her interactions with Jones, while Neesey created two videos about her conversations with Pepper. Although this is an effective, and unprecedented, way for victims to get their voices heard, many online are distrustful of complaints that didn’t go through the authorities. Many more leave misogynistic and hateful comments.

“People will just be absolutely horrible to you and call you demeaning things... I got called a flirt, I got told it was all my fault because I continued speaking to him...” says Neesey, of the reaction to her videos. “I think that's a lot of the reason why people sometimes don’t come forward, because they don't want to go through all that stress again. They’ve already dealt with the situation; why would they want to deal with the stress of people being horrible to them about it?”

Some commenters criticise Neesey and other victims who have made YouTube videos and claim they were doing so for attention. “No one in their right mind would do it for attention because the attention you get is negative,” Neesey says. “I honestly don’t believe that someone would sit down and accuse someone of doing something if they didn’t mean it. So I really think it should be taken seriously.”

Whether it makes sense to those outside of the community or not, many victims' first recourse is social media, not the police or authorities. The accusations about Durte Dom – the YouTuber who allegedly filmed a 15-year-old dancing – were publicised by another YouTuber, Elijah Daniel, on his Twitter page.

Damon Fizzy is a YouTuber who called out Austin Jones after the initial accusations in 2015, and continues to do so on Twitter now. Although he agreed to speak with me, he was unable to find time to do so over a series of weeks.

For many YouTubers and their victims, social media is more important that the traditional media. Perhaps this makes sense – when the Mail Online covered the arrest of Lombardo, the YouTuber who solicited child abuse images from 11 underage fans, they added inverted commas around the word “star” in their headline. If the media and the authorities can’t take YouTube seriously, how seriously will they take accusations of YouTuber abuse?

***

In the past, YouTubers have often been good at self-policing. Hank and John Green are American brothers who run the YouTube channel Vlogbrothers, which has over three million subscribers. They own a record label, DFTBA, and run the annual YouTube convention VidCon. Lombardo and Day were DFTBA artists, and were dropped from the label after the accusations emerged. The Green brothers also banned Pepper from VidCon.

After the storm of accusations in 2014, an enormous number of popular YouTubers made videos in response. Hank Green explained consent to his audience, while the comedy YouTuber TomSka created a guide to YouTube gatherings. The popular YouTube duo Jack and Dean even made a music video about consent. The community came together to exile those who weren’t being punished in other ways. The subscriber numbers on the accused’s channels dropped dramatically.

Yet within a few months, many disgraced YouTubers can return to the platform to harness a new generation of fans, many of whom might not be aware of the accusations.

“YouTube still allows them to create content and make money off it, and that to me is just communicating that the behaviour is just not that bad. It’s sort of equivalent to a slap on the wrist and it doesn't convey the extremity of the situation of what they’ve done,” says Neesey. “I think they should be completely ostracised from the community, and have their status stripped from them, and I think YouTube should support that. Because they’re criminals.”

On Twitter, YouTuber Damon Fizzy claims he received backlash from Jones’s fans when trying to speak out years ago. “It’s crazy the backlash I received versus now. I was literally treated worse than the person who uses his underage fans for sexual gain,” he wrote.

And it’s true that YouTubers’ leagues of adoring fans can make it difficult to speak out about abuse. It is hard for many adults to understand how consuming being a young fan can be, particularly when manipulation is involved. When I ask both Ashley and Neesey what they would say to young female fans who start talking to YouTubers, they both say this is fine. Neesey warns that when a youngster becomes uncomfortable, they should end communication, but both she and Ashley feel that safe, normal fan-creator interaction is fine, indeed desirable.  

Sapphire Putt is a 20-year-old who claims a YouTuber coerced her into filming videos of herself dancing when she was 16. When I ask if she thinks it would be OK for the YouTuber to return to YouTube, she says she would be “cautious” but “wouldn’t throw the possibility of maybe giving him a chance again”.

“If he actually shows that he’s learned, you know, I would give it a chance and if he would mess it up again then that’s it, you know.”

When I ask Ashley what she would say to people who remain fans of Austin Jones she says: “I’d say that I probably understand... but they also need to understand that what he’s doing isn’t right and no one should be treated the way he is treating people.”

***

The NSPCC is currently calling for an independent regulator to scrutinise internet companies and fine them if they fail to keep children safe.

“We want the government to draw up a list of minimum standards that internet companies must observe to protect children, and children should be automatically offered safer accounts that protect them from grooming and harmful content,” an NSPCC spokesperson says.

“We know from our Childline service that online sexual exploitation is increasing so it’s vital that more is done to protect young people from abusers who use social media to target and manipulate them.”

For now, Ashley is simply glad things didn’t go further. “It's scary not knowing what could've happened, knowing that I was brainwashed like to believe it was OK, and I'm just happy he's not able to message other girls at this point,” she says.

Neesey hopes that schools will get better at teaching consent. “As a young person, I knew I felt a bit uncomfortable but I just thought that I was being dramatic... so I think people need to be educated, for sure.”  She says education needs to be improved not just in schools, but in the media.

“Unfortunately, people are sort of used to it now, after quite a few YouTubers, so it’s sort of like, ‘Oh another one.' People aren’t talking about it as much – not that it’s old news, but it’s not as shocking. People aren’t giving it as much attention as it needs.”

The NSPCC advises that if a child is worried about an online situation they should talk to a trusted adult or contact Childline on 0800 1111. Parents can find out more about talking to their child about staying safe online by searching Share Aware or visiting www.nspcc.org.uk

Amelia Tait is a technology and digital culture writer at the New Statesman.

This article first appeared in the 21 June 2010 issue of the New Statesman, The age of ideas