Why Do Men View Illegal Material? Understanding the Facts
At BSQ, we are currently involved in a sentencing appeal that raises important questions about how the courts—and society—view people convicted of viewing or sharing indecent images of children (IIOC), especially when they deny having a sexual interest in children.
Our client, referred to here as Client X, is a professional man with no prior criminal record. He was convicted of distributing illegal images in the context of a long-term addiction to pornography. At sentencing, the Crown Court placed a heavy emphasis on the fact that he refused to admit having a sexual interest in children.
This denial appeared to influence the Court's decision to impose a prison sentence, rather than considering a community-based alternative focused on rehabilitation. However, it’s important to point out that denying a sexual interest in children is not listed as an aggravating factor under the official sentencing guidelines from the Sentencing Guidelines Council (SGC). This decision is now the subject of an appeal led by BSQ.
Understandably, conversations about these offences can stir strong emotions. But it's not uncommon for people in these situations to deny having a sexual interest in children—often due to the deep stigma attached. That doesn’t necessarily mean they are at higher risk of reoffending.
What Does the Research Say?
A 2019 report by the legal charity Justice, which brought together judges, lawyers, and police officers, found that signs of shame or remorse—while once thought important—don’t actually tell us much about someone’s future risk. The group concluded that a person’s attitude alone isn’t always a reliable guide to whether they will offend again.
More recently, in 2024, a major European research project called Project to Know published findings after two years of study. The report confirmed that not everyone who views this material does so because of a sexual interest in children. While this is often the case, researchers found that:
Some people may begin viewing these images after becoming desensitised through heavy use of adult pornography.
Others may seek out more extreme content over time—sometimes without initially realising how harmful or illegal it is.
The path into viewing illegal material can be complex and not always driven by sexual interest.
This idea was echoed in an article by The Guardian’s Harriet Grant, which quoted men supported by Safer Lives, a charity working with people arrested for online offences. Many of them described being drawn into illegal content after developing an addiction to extreme forms of pornography.
A More Nuanced Approach
The sentencing guidelines do acknowledge this complexity. Judges are encouraged to consider community-based sentences when there’s a strong chance that the individual can be rehabilitated.
As discussed in a recent BSQ blog given the doubling in the number of man arrested for IIOC every year since 2017 it is now time for a more thoughtful, informed public conversation about how we deal with these cases. That includes recognising that not all offenders are the same, and that their reasons for accessing illegal material can vary widely.