[Senate Hearing 111-875]
[From the U.S. Government Publishing Office]
S. Hrg. 111-875
PROHIBITING OBSCENE ANIMAL CRUSH VIDEOS IN THE WAKE OF UNITED STATES v.
STEVENS
=======================================================================
HEARING
before the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 15, 2010
__________
Serial No. J-111-108
__________
Printed for the use of the Committee on the Judiciary
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64-411 WASHINGTON : 2011
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COMMITTEE ON THE JUDICIARY
PATRICK J. LEAHY, Vermont, Chairman
HERB KOHL, Wisconsin JEFF SESSIONS, Alabama
DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah
RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa
ARLEN SPECTER, Pennsylvania JON KYL, Arizona
CHARLES E. SCHUMER, New York LINDSEY GRAHAM, South Carolina
RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas
BENJAMIN L. CARDIN, Maryland TOM COBURN, Oklahoma
SHELDON WHITEHOUSE, Rhode Island
AMY KLOBUCHAR, Minnesota
EDWARD E. KAUFMAN, Delaware
AL FRANKEN, Minnesota
Bruce A. Cohen, Chief Counsel and Staff Director
Brian A. Benzcowski, Republican Staff Director
C O N T E N T S
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STATEMENTS OF COMMITTEE MEMBERS
Page
Feinstein, Hon. Dianne, a U.S. Senator from the State of
California, prepared statement................................. 30
Kyl, Hon. Jon, a U.S. Senator from the State of Arizona.......... 1
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont,
prepared statement............................................. 47
WITNESSES
Perry, Nancy, Vice President for Government Affairs, The Humane
Society of the United States, Washington, DC................... 3
Volkan, Kevin, Chair and Professor of Psychology, California
State University Channel Islands, Camarillo, California........ 4
SUBMISSIONS FOR THE RECORD
American Civil Liberties Union, Laura W. Murphy, Director,
Washington Legislative Office and Michael W. Macleod-Ball,
Chief Legislative and Policy Counsel, Washington, DC, statement 10
Animal Welfare Institute, Cathy Liss, President, Washington, DC,
letter......................................................... 15
Association of Prosecuting Attorneys, David LaBahn, President and
Chief Executive Officer, Washington, DC, letter................ 16
Ballenger, J. Scott, Partner, Latham & Watkins LLP, Washington,
DC, statement.................................................. 18
Burr, Hon. Richard, a U.S. Senator from the State of Illinois,
prepared statement............................................. 28
Hanna, Cheryl, Professor, Vermont Law School, South Royalton,
Vermont, statement............................................. 35
Perry, Nancy, Vice President for Government Affairs, The Humane
Society of the United States, Washington, DC, statement........ 48
Addendum A................................................... 56
Addendum B................................................... 84
Suffolk County S.P.C.A., Roy Gross, Chief of Department,
Smithtown, New York, statement................................. 91
Volkan, Kevin, Chair and Professor of Psychology, California
State University Channel Islands, Camarillo, California,
statement...................................................... 93
PROHIBITING OBSCENE ANIMAL CRUSH VIDEOS IN THE WAKE OF UNITED STATES V.
STEVENS
----------
WEDNESDAY, SEPTEMBER 15, 2010
U.S. Senate,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10 a.m., in room
SD-226, Dirksen Senate Office Building, Hon. Jon Kyl,
presiding.
Present: Senator Kyl.
OPENING STATEMENT OF HON. JON KYL, A U.S. SENATOR FROM THE
STATE OF ARIZONA
Senator Kyl. This hearing before the Senate Committee on
the Judiciary will come to order. I am Senator Jon Kyl. I am a
member of the minority but have worked with the majority to
ensure that this hearing can be held whether or not members of
the majority are here. So I will conduct the hearing unless a
member of the majority arrives.
I want to thank everyone for being here. This is an
important hearing on prohibiting obscene animal crush videos in
the wake of the U.S. Supreme Court case U.S. v. Stevens. Let me
make a brief opening statement. Then I will swear in our two
witnesses, and I look forward to their testimony.
Animal crush videos depict some of the most extreme animal
cruelty in existence. Typical animal crush videos feature
women, often clad in high heels, crushing live, helpless
animals to death with their feet. The videos are usually filmed
from an angle that conceals the perpetrator's identity. The
videos are said to appeal to a sick subset of persons with a
specific sexual fetish.
Congress banned the creation or distribution of animal
crush videos in 1999 with the enactment of 18 U.S.C. Section
48. In April of this year, however, the U.S. Supreme Court in
United States v. Stevens struck down the 1999 Act on First
Amendment grounds, holding that the statute was
unconstitutionally overbroad and that it applied to a
substantial amount of protected speech. In other words, Section
48 was so broadly worded, the Court said its enforcement could
reach many kinds of portrayals that did not even involve
cruelty and might not involve illegal activity, including
hunting videos that are widely distributed and have some
redeeming social value.
The Stevens case did not involve crush videos, and the
Court specifically stated that it was not deciding whether a
statute limited to crush videos or other depictions of extreme
animal cruelty would be constitutional. Instead, it left the
door open for Congress to enact a narrowly tailored ban on
animal crush videos that passes constitutional muster.
In the wake of the Stevens case, crush videos are again
being marketed and sold on the Internet, the primary mechanism
for their distribution in interstate and foreign commerce.
Despite the fact that every State and the District of Columbia
have animal cruelty laws, the proliferation of animal crush
videos is a problem that cannot adequately be addressed by
them. A number of challenges to prosecution exist, including
difficulties in determining when and where the crimes occurred
and in identifying the perpetrator since feet and the crushing
of the animals are usually the only images on the video.
Concerned about this recent proliferation and the
inadequacy of State animal cruelty laws to address the problem,
the House took a first crack at a new ban by passing the
Prevention of Interstate Commerce in Animal Crush Videos Act of
2010, H.R. 5566, sponsored by Representative Gallegly, who has
been a leader in fighting animal cruelty. I am working with him
and my colleagues Senators Merkley and Burr in the Senate here
with this Committee to be sure that we can craft a ban that
prohibits this extreme animal cruelty that will survive
judicial scrutiny.
Today the Committee will receive testimony from two
witnesses: Nancy Perry, who is Vice President for Government
Affairs for the Humane Society of the United States; and Dr.
Kevin Volkan, a psychologist and professor at California State
University Channel Islands. As we all know, the Humane Society
has been a longstanding champion against animal cruelty and is
intimately familiar with the problem of animal crush videos.
Dr. Volkan is an expert in atypical psychopathology. He will
help us to understand more fully the sexual component of animal
crush videos.
So let me now ask the two of you to stand and be sworn. Do
you swear that the testimony you are about to give before the
Committee will be the truth, the whole truth, and nothing but
the truth, so help you God?
Ms. Perry. I do.
Mr. Volkan. I do.
Senator Kyl. I thank you and I appreciate your willingness
to come here to help edify the Committee. The fact that there
are not other members here does not signify a lack of interest
as much as the fact that we are pulled and tugged in a lot of
different directions. I will be talking to my colleagues about
this, and certainly the transcript will be available for
everyone, including the answers to the questions, and others
will have an opportunity to ask you questions for a few days
after the hearing, and I would appreciate your being willing to
try to respond to those questions.
Ms. Perry, let me start with you, and then Dr. Volkan, and
then I will have some questions for the two of you. Thank you.
STATEMENT OF NANCY PERRY, VICE PRESIDENT FOR GOVERNMENT
AFFAIRS, THE HUMANE SOCIETY OF THE UNITED STATES, WASHINGTON,
DC
Ms. Perry. Thank you so much, Senator Kyl. I really
appreciate the opportunity to be here today.
As you said, my name is Nancy Perry. I am Vice President of
Government Affairs for the Humane Society of the United States.
We are the nation's largest animal protection organization,
with more than 11 million supporters nationwide. That
translates to 1 in every 28 Americans, and as you have
mentioned, we have been working to address animal cruelty for
more than 50 years now as an organization, and for more than a
decade we have been focusing on cracking down on these animal
crush videos.
It is absolutely critical that we remedy this dire
situation involving the worst cruelty we have ever uncovered.
It is shocking. It is abhorrent. It is the stuff that
nightmares are made of, as many people in this room will
attest. And just so everyone knows what we are talking about, I
will just explain yet again what a crush video is.
A typical animal crush video will show a scantily clad,
high-heeled woman stomping, squishing, and impaling animals to
death. The animals are often secured so they cannot escape, but
are free enough to move so that their writhing in agony is
clear to the viewer. This sickening torment is drawn out for
many minutes intentionally and even for hours, during which
time the animal's cries, moans, and squeals are actually
highlighted along with their excretions of blood, urine,
intestines, and even organs as they are crushed to death.
Until recently, the sale of videos like this was illegal.
In 1999, as you have mentioned, Congress banned crush video
sales, and they all but disappeared from the Internet. However,
recent court decisions struck down that law, creating a
resurgence of animal crush videos on the Internet.
Our 2009 investigation found that videos with rabbits,
puppies, kittens, and other animals are readily available for
sale on the Internet. Crush viewers can even place custom
orders, articulating which type of animal they want to see
tortured and what type of torture they want to see.
This July, we received a tip from a Russian investigator,
who found numerous crush videos for purchase for as little as
$80 using PayPal and Western Union. These clips show young
girls maiming and killing dogs, goats, monkeys, rabbits, and
pigs. And I apologize, but it is important that we hear at
least one description of a video that is for sale online today.
A smiling girl in stilettos pokes her sharp heel through a
live dog's eye socket. The dog's front legs are tied behind his
back and his mouth is tied shut, but he screams and screams in
horrendous pain as the girl relentlessly stabs her heel through
his eye socket. At one point, her heel goes all the way in and
makes a cracking sound, and the dog is still alive and
screaming.
These videos appeal to a particular sexual deviancy. The
women carrying out the slow, deliberate torture often talk to
the animals in a dominatrix patter or other sexual tones.
Camera angles are used to create the sensation for the viewer
that they are in the place of the tortured animal, looking up
at the woman's body, keying into a crush fantasy.
My written testimony contains a host of such sickening
examples and provides ample evidence of the sexual and cruel
nature of these videos. Most importantly today, this resurgence
is real and requires a response from Congress to spare the
lives of thousands of animals waiting right now in torture dens
until their number is up.
The HSUS worked closely with sponsors in the House to
develop anti-crush legislation soon after the Supreme Court
decision, and we are pleased that the House quickly passed H.R.
5566 by an overwhelming vote of 416-3 this July. So now it is
up to the Senate and your leadership to move quickly to prevent
the horrendous torture of more animals.
The Association of Prosecuting Attorneys, whose letter I
would like to submit for the record today, states: ``Those who
produce and market these videos and those who carry out the
animal cruelty in the videos do so in order to profit from
appealing to the prurient interests of those with a sexual
fetish involving specific forms of animal cruelty and
suffering. The acts of animal cruelty captured on film would
likely not be committed but for the production of the crush
videos that can bring a profit in interstate commerce.''
We know that this is one area where a law on the books can
make an immediate and tangible difference, and so we truly
appreciate your efforts and your leadership.
Thank you very much.
[The prepared statement of Ms. Perry appears as a
submission for the record.]
[The letter appears as a submission for the record.]
Senator Kyl. Thank you.
Professor Volkan.
STATEMENT OF KEVIN VOLKAN, CHAIR AND PROFESSOR OF PSYCHOLOGY,
CALIFORNIA STATE UNIVERSITY CHANNEL ISLANDS, CAMARILLO,
CALIFORNIA
Mr. Volkan. Thank you, Senator Kyl, for inviting me here
today to testify. I am here today with my colleague Dr. Neil
Rocklin, who is sitting behind me, who co-authored the written
testimony.
My testimony today will focus on explaining the sexual
nature of crush paraphilias and describing how crush videos are
sexual in nature and that those who watch crush videos do so to
obtain sexual gratification. And I should mention that
paraphilia is the technically correct term. A lot of time these
are called crush fetishes, but fetish is really a type of
paraphilia. So I will be referring to them as paraphilias
throughout.
Paraphilias are sexual disorders that involve recurrent and
intense sexually arousing fantasies, urges, or behaviors
related to non-human objects, including animals, non-consenting
persons or children, and the suffering and/or humiliation of
oneself or a partner. Generally, to be considered pathological,
paraphilias should result in clinically significant distress or
impairment in social, occupational, or other areas of
functioning.
The following specific paraphilias are related to crush
videos, and these would include fetishes, sexual sadism, and
sexual masochism, and I will talk a little bit about each of
these. In my professional opinion, the crush paraphilia and
crush videos contain elements of these specific forms of
paraphilia in varying degrees, and I believe that crush
paraphilia and crush videos are clearly sexual in nature.
A fetish is a strong recurrent sexual attraction to a non-
living object. The most common fetish objects are clothing such
as underwear, shoes, boots, et cetera. With regard to crush
paraphilia, the fetish aspect is most likely related to the
object that is doing the crushing--it is usually a foot or a
shoe--but can also be other things. Sometimes it can be the
buttocks or a plank of wood, or in one case even a car. The
crush paraphilia can be thought of as an extreme version of
something like a foot fetish where individuals with the
paraphilia derive sexual pleasure from watching the object of
their desire crushing a living creature to death.
Sexual sadism is where sexual gratification is achieved
through the fantasy of harming a partner or as a consequence of
directly subjecting a partner to pain or humiliation.
Typically, sexual sadism involves a human partner. Obviously,
in the case of crush paraphilia, the partner is an animal, of
course, who is non-consenting. The animals used for sadistic
purposes range from insects to larger mammals such as dogs, and
many crush videos use small mammals such as mice, rats,
puppies, and kittens. But regardless of the victim, the causes
and the purposes and the ends of these crush videos are still
the same.
It should also be mentioned that those involved in the
creation and distribution of crush videos may themselves be
sadists. It should be noted that there is a well-established
relationship between animal sadism, antisocial personality
disorder, which used to be called sociopathy, and violent
crime. Sadistic acts perpetrated against animals may be an
important indicator of someone who is capable of violent crime
against human beings.
Sexual masochism is a feeling of sexual arousal or
excitement resulting from receiving pain, suffering, or
humiliation. Many of those involved in crush paraphilia take
sexual pleasure in being crushed, squashed, or being put under
pressure. Masochists often suffer from personality disorders in
which they are only able to experience feelings in the context
of situations where they are hurt or in pain. In terms of crush
paraphilia, the masochistic aspect is an identification with
the animals being tortured or killed, actually seeing
themselves as the animal being crushed, and these individuals
obtain sexual gratification through this identification.
It should be mentioned, like other paraphilias, crush
paraphilia primarily involve men, and crush videos primarily
appeal to men and are of most interest when the person doing
the crushing is a woman. The theoretical reasons for this are
outlined in my written testimony.
I would like to mention treatment. Typically, people who
have a paraphilia do not seek treatment unless the paraphilia
has resulted in legal consequences--in other words, unless they
have been arrested and forced to go into treatment by the
court. Paraphilias, especially the more egregious types such as
pedophilia, are notoriously difficult to treat with high rates
of relapse. One of the problems with successfully treating
individuals with paraphilia is that they have a high rate of
co-morbid mental disorders. Given the rather more primitive
nature of the crush paraphilia and its high level of social
unacceptability, it is likely that most individuals involved
with crush paraphilia will not seek treatment or even be
willing to acknowledge that they engage in this activity. These
characteristics would indicate that there would be a strong
commercial market for crush videos that can be watched in
secret.
I would like to conclude. Human males with certain abnormal
psychological profiles have the capacity to learn to become
sexually aroused by watching crush videos. The treatment
prognosis for those involved in crush videos is very poor.
Treatment is not likely to prevent the acquisition of a crush
paraphilia, curb the current practice of this paraphilia, or
prevent a relapse. Given the above characteristics associated
with crush paraphilia, I believe that a prohibition on the sale
of crush videos is one of the few ways in which the practice of
crush paraphilias can be reduced.
Thank you.
[The prepared statement of Mr. Volkan appears as a
submission for the record.]
Senator Kyl. Thank you both very much. It is difficult to
listen to testimony like this. It is obviously essential, not
only to stop something that is enormously cruel to animals, but
also to try to find ways to help those who may suffer from the
disorders that you have discussed.
The Supreme Court obviously needs to be very careful about
its definitions of speech to ensure that real speech is not
unduly inhibited and, thus, the reason for, I think, the
limited decision that it rendered. But it has also afforded us
the opportunity, if we make the right case for the right kind
of statute, to have such a statute upheld.
While we were working with the House of Representatives, we
wanted to have the opportunity to perhaps refine even more the
House legislation. I think because of the large vote in the
House, if we make changes that are specifically designed to
ensure that the bill will both be effective and will be upheld
by the courts, that we should not have difficulty in getting
House concurrence in that. So it will be our effort here using
your testimony and additional aspects of the record to build
the case for a very specific kind of statute that deals with a
very specific kind of crime and disorder that can withstand
constitutional scrutiny.
So in that regard, let me just ask three or four questions
that help to, I think, flesh out the information that you have
provided to us, the excellent information both in your written
statements and in your oral testimony here.
First of all, for Ms. Perry, these animal crush videos fall
within a category of speech in which there is an unusual and
important relationship between speech and crime; that is,
speech depicts a crime that was committed in order to depict a
crime. Can you explain how the creation of animal crush videos
is driving criminal conduct--in other words, the violation of
State animal cruelty laws?
Ms. Perry. Absolutely, Senator. That is a good question.
Without a doubt, the anonymity of the use of the Internet
provides fuel for the creation of these videos, and what we did
see very clearly, we saw there were more than 2,000 crush
videos readily available in 1999 prior to Congress' original
law being enacted. And that industry essentially dried up as a
result of a Federal protection being on the books. And then as
testified, we saw this tremendous resurgence.
What we think is necessary is Federal action on this,
because at the State level, as the Association of Prosecuting
Attorneys clearly stated, it is very difficult to obtain a
prosecution. Even though these are State crimes, the way these
videos are created is fully to conceal the identity of the
individuals perpetrating the crime because you are just seeing
body parts. There is not any identifying information. It is
sold over the Internet, which is obviously available everywhere
and utterly ubiquitous. So it is critical that we have a
Federal prohibition on the sales. That is the only way to
actually get at this problem.
Senator Kyl. And a key here is that the conduct occurs
specifically because they can and they do sell them over the
Internet.
Ms. Perry. That is right.
Senator Kyl. And you also said, if I recall your testimony,
that there are actually situations in which they tailor--in
which some of these traffickers offer to tailor their videos to
specific requests.
Ms. Perry. That is correct. The videos are produced for the
market on the Internet, not for other purposes, and they are
custom-produced for individuals who put in an order and within
48 hours a video will be created, which shows you how many
animals are sitting waiting before they are tortured.
Senator Kyl. Now, you heard Dr. Volkan's testimony, and I
think you have some familiarity also with this underlying
problem with a lot of the people who traffic in this. Can you
explain any investigations the Human Society has done or what
those investigations have revealed about the nature of the
market for these videos in particular with regard to their
appeal to deviant sexual interest?
Ms. Perry. Absolutely. We undertook several investigations.
The more recent one which showed the resurgence was reported on
May 22, 2009. And in this investigation, we uncovered hundreds
and hundreds of videos. And, of course, we are a nonprofit
organization, and as large as we are, we still cannot take on
overseeing this entire industry. There is no way we can police
it on a day-to-day basis.
But in the investigations we have undertaken, we are
shocked at the volume of videos that are now available. A
single website can have links to multiple other websites, and
those multiple other websites can each purvey hundreds of
videos. And in each of those videos, multiple animals will be
killed. So the numbers stack up exponentially with this.
It is obvious that the nature of this business is
responsive to Federal law, because the trend that we saw was a
dry-up when the Federal law existed and a resurgence almost
immediately after the law was struck down. From what we
understand, within a month of the Third Circuit decision coming
out, we saw squishpuppy.com and squishkitty.com come online.
This is very responsive to Federal law. And I think Dr. Volkan
in his testimony, in his written testimony, indicates that
individuals with this predisposition are sensitive to the
legality, and that might be the one thing that would cause them
to seek treatment.
Senator Kyl. And that is, of course, one of the reasons why
we would be wanting to pursue this.
Now, you alluded to something else I wanted to pursue a
little bit. The House bill applies only to visual depictions of
an animal being crushed, burned, drowned, suffocated, or
impaled. This list obviously does not involve all forms of
cruelty toward animals.
Have your investigations discovered crush videos that
involve other types of violence, for example, videos in which
the animal is cut or stabbed?
Ms. Perry. Yes. Unfortunately, we saw several videos where
there is cutting, there is burning, there are other forms of
torture employed.
Senator Kyl. Okay. Obviously, the reason for that is to try
to find how we want to define what would be prohibited here, to
include all of those things that are involved.
Ms. Perry. Yes, we want to be comprehensive, although I do
think that the vast majority of these videos do involve the
crushing.
Senator Kyl. And, Dr. Volkan, in your testimony today we
learned that these animal crush videos do not involve actual
sexual intercourse, or at least typically. Is it your
professional opinion that animal crush videos are,
nevertheless, sexual in content and, therefore, can fall within
the definitions of obscenity which sometimes are the basis for
courts looking at the issue?
Mr. Volkan. That is a very good question, Senator. I am not
an expert to speak to the legal definitions of obscenity, but I
can say in my professional opinion that these videos are
produced almost purely for the object of sexual gratification
of the people who are watching these videos. They are clearly
sexual in nature.
Senator Kyl. And just to be clear--I have not gone through
all of your qualifications, but it is in your resume. Can you
describe just a little bit of how you have come to these
conclusions?
Mr. Volkan. Sure. Basically, I teach a class on atypical
psychopathologies which include a whole list of things that we
typically call bizarre behaviors and some things that are
culture-bound syndromes. And of these things, paraphilias are a
large category, and they are the bizarre behaviors, the deviant
behaviors that unfortunately we see a lot of in our society.
They are really quite prevalent. Most of these things are
really quite mild. They are not serious. But we do have some,
like pedophilia, like crush paraphilias, that are very, very
serious and obviously have a lot of socially unacceptable
aspects to them.
And so, you know, by teaching the class, through my
clinical practice, I have come across some of these things and
learned about these things over the years.
Senator Kyl. So you have studied literature. You have had
firsthand experience through your own practice and have made
this part of your professional understanding and teaching.
Mr. Volkan. Yes. I have not actually treated somebody with
a crush paraphilia, but I have treated people with different
paraphilias.
Senator Kyl. And you have certainly studied the literature
on the subject.
Mr. Volkan. Yes, I have studied the literature pretty
extensively at this point.
Senator Kyl. Well, again, this is a subject that I think
the Congress wants to deal with as quickly as we can in a way
that will ensure this time that we get it right, the courts
will uphold what we do so that we can prevent the kind of
cruelty that is involved here, and hopefully help people who
suffer from the sexual deviancy that you have identified.
If my colleagues have questions, we will leave the record
open for a few days here to permit them to ask you questions,
and I may think of something else that we need to ask.
The statements are part of the record. The letter that you
submitted is part of the record.
I also want to put a statement into the record that Senator
Feinstein has offered in support of what we are doing here.
[The prepared statement of Senator Feinstein appears as a
submission for the record.]
Senator Kyl. Also, we will insert in the record a statement
by Senator Burr.
[The prepared statement of Senator Burr appears as a
submission for the record.]
Senator Kyl. Do either of you have anything else that you
would like to offer at this time?
I certainly want to thank you for your concern about the
issue and for your testimony. This is exactly the kind of
hearing that may be the most productive for us: short,
concentrated, to the point, and hopefully very effective.
Ms. Perry. Thank you for your leadership.
Mr. Volkan. Thank you. Thank you, Senator.
Senator Kyl. You are very welcome, and I appreciate those
of you in the audience being here as well.
This hearing will now stand adjourned.
[Whereupon, at 10:26 a.m., the Committee was adjourned.]
[Submissions for the record follow.]
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