Child Porn Fiction Gets Fine of $10,000
By Bronwyn Peace
Originally published in The West Australian, July 12, 2001
A man has been fined $10,000 for possessing stories about child pornography even though the judge said they were not as serious as pornographic pictures because they were fictional and there were no victims.
Businessman Michael Herbert Keogh, 54, of Hamersley, had 72 files on his computer with stories about children having sex with adults, animals and each other. He pleaded guilty in the District Court last month to one count of possessing child pornography.
The case was so unusual that Chief Judge Kevin Hammond adjourned the matter until yesterday to consider whether the material—from the Internet—was on a par with sexually explicit photographs of children.
Last month, prosecutor Gail Archer told the court that Keogh should be jailed for the pornographic stories, which were found on his home computer by his stepdaughter's boyfriend.
She said the stories, which detailed gang rape, bestiality and incest, had titles such as Bonnie Goes Camping, The Little Homewrecker and Prince and His Princess. "All of the stories are quite detailed, quite graphic and incredibly unpleasant," she said.
Ms Archer said Keogh admitted to police he owned the stories but said he did not know they were illegal and that they helped him cope with his past abuse. She said any downloading of child pornography encouraged the exploitation of children.
Keogh's lawyer, Sally Gaunt, said the stories were the product of dark minds but were not as damaging as photographs, which involved real victims being posed for financial gain.
Yesterday, Judge Hammond said there were no examples from WA higher courts dealing with the difference between pornographic images and stories.
But he decided the two examples belonged in different categories.
"If you have an image, you have someone being photographed or imaged so you have a clear example of someone being exploited," he said.
"The porn herein being dealt with is not in the same category as porn being the possession of actual photographs of children who are being exploited and who must be harmed by that exercise." The judge said Keogh, who until now had led a blameless life, deserved a significant fine.
