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A Resource to Educate Young People about the
Potential Impact of Pornography and Sexualised
Images on Relationships, Body Image and Self-Esteem

VANESSA ROGERS

Jessica Kingsley Publishers

London and Philadelphia
First published in 2017
by Jessica Kingsley Publishers
73 Collier Street
London N1 9BE, UK
and
400 Market Street, Suite 400
Philadelphia, PA 19106, USA

www.jkp.com

Copyright © Vanessa Rogers 2017

Front cover image source: Vanessa Rogers.

All rights reserved. No part of this publication may be reproduced in any material form (including
photocopying, storing in any medium by electronic means or transmitting) without the written permission
of the copyright owner except in accordance with the provisions of the law or under terms of a licence issued
in the UK by the Copyright Licensing Agency Ltd. www.cla.co.uk or in overseas territories by the relevant
reproduction rights organisation, for details see www.ifrro.org. Applications for the copyright owner’s written
permission to reproduce any part of this publication should be addressed to the publisher.

All pages marked may be photocopied for personal use with this program, but may not be reproduced for
any other purposes without the permission of the publisher.

Library of Congress Cataloging in Publication Data

A CIP catalog record for this book is available from the Library of Congress

British Library Cataloguing in Publication Data

A CIP catalogue record for this book is available from the British Library

ISBN 978 1 84905 620 5

eISBN 978 1 78450 091 7

Printed and bound in Great Britain

Contents

About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 1. Introduction . . . . . . . . . . . . . . . . . . . . . . 9
Identifying the Need . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Why do we need to talk about porn now? . . . . . . . . . . . . . . . . . . . 11

Purpose of this Resource . . . . . . . . . . . . . . . . . . . . . . . . 13

Context for learning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
National Curriculum links . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Contribution to spiritual, moral, social and cultural education . . . . . . . . . 16
Youth work curriculum and accredited outcomes . . . . . . . . . . . . . . . 17

How Young People Learn about Sex and Relationships . . . . . . . . . . . 19

Supporting LGBT+ young people . . . . . . . . . . . . . . . . . . . . . . . 20
SRE for young people with additional needs . . . . . . . . . . . . . . . . . 21

Sex, Porn and the Law . . . . . . . . . . . . . . . . . . . . . . . . . 22

Sex and the law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
An overview of the UK laws governing pornography . . . . . . . . . . . . . 22
Where to find more detailed information . . . . . . . . . . . . . . . . . . . 24

Part 2. Teaching . . . . . . . . . . . . . . . . . . . . . . . . 25
Guidelines for Teaching SRE that Includes Pornography . . . . . . . . . . 26
Reflecting on personal values and attitudes . . . . . . . . . . . . . . . . . . 26
Teaching with confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
The use of distancing techniques . . . . . . . . . . . . . . . . . . . . . . . . 27

Continuing Professional Development . . . . . . . . . . . . . . . . . . . 28

Keeping Parents and Carers Informed . . . . . . . . . . . . . . . . . . . 31
Sex and relationships education . . . . . . . . . . . . . . . . . . . . . . . . 31
Online and mobile safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Using the media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Managing parental concerns . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Signposting to additional support for parents . . . . . . . . . . . . . . . . . 33

Partnership Agencies and Involving the Wider Community . . . . . . . . . 35

Part 3. Guide to Using this Resource . . . . . . . . . . . . . . 37
Extension activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Facilitating Group Learning . . . . . . . . . . . . . . . . . . . . . . . 39

Supporting Different Learning Needs . . . . . . . . . . . . . . . . . . . 40
Assessment and evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Creating a Safe Learning Environment . . . . . . . . . . . . . . . . . . 42

Ground rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Confidentiality and safeguarding . . . . . . . . . . . . . . . . . . . . . . . 43
Managing challenging behaviour . . . . . . . . . . . . . . . . . . . . . . . 43
Additional support and guidance . . . . . . . . . . . . . . . . . . . . . . . 44

Key Vocabulary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Part 4. Overview of Each Chapter . . . . . . . . . . . . . . . . 51

Chapter 1: What is Porn? . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Chapter 2: Shopping, Music and the Media . . . . . . . . . . . . . . . . . 51
Chapter 3: Porn and Body Image . . . . . . . . . . . . . . . . . . . . . . . 52
Chapter 4: Porn vs. Real-Life Relationships . . . . . . . . . . . . . . . . . 52
Chapter 5: Sexting, Revenge Porn and Online Sexual Bullying . . . . . . . 52

Part 5. Activities . . . . . . . . . . . . . . . . . . . . . . . . 53
1. What is Porn? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Activity 1.1: What is pornography? . . . . . . . . . . . . . . . . . . . . . . 54
Activity 1.2: Pictures not porn, please . . . . . . . . . . . . . . . . . . . . . 57
Activity 1.3: Legal attitudes . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Activity 1.4: The great porn debate . . . . . . . . . . . . . . . . . . . . . . 62
Activity 1.5: Porn stereotypes . . . . . . . . . . . . . . . . . . . . . . . . . 66
Activity 1.6: Viewing numbers . . . . . . . . . . . . . . . . . . . . . . . . 69
Activity 1.7: Who is responsible? . . . . . . . . . . . . . . . . . . . . . . . 72
Activity 1.8: Porn as sex education . . . . . . . . . . . . . . . . . . . . . . 75
Activity 1.9: Pornography and the curriculum . . . . . . . . . . . . . . . . 78
Activity 1.10: Where is the danger? . . . . . . . . . . . . . . . . . . . . . . 82
Activity 1.11: Is that even legal? . . . . . . . . . . . . . . . . . . . . . . . 87
Activity 1.12: Revenge porn and the law . . . . . . . . . . . . . . . . . . . 92

2. Shopping, Music and the Media . . . . . . . . . . . . . . . . . . . . . 96

Activity 2.1: Where do you stand? . . . . . . . . . . . . . . . . . . . . . . 96
Activity 2.2: Sex on the high street . . . . . . . . . . . . . . . . . . . . . . 99
Activity 2.3: Shops and marketing . . . . . . . . . . . . . . . . . . . . . . 103
Activity 2.4: What did you say? . . . . . . . . . . . . . . . . . . . . . . . . 105
Activity 2.5: Message mugs . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Activity 2.6: Selling the song . . . . . . . . . . . . . . . . . . . . . . . . . 110
Activity 2.7: Cartoon messages . . . . . . . . . . . . . . . . . . . . . . . . 112
 Activity 2.8: Create your own superhero . . . . . . . . . . . . . . . . . . . 114
Activity 2.9: The only way is reality . . . . . . . . . . . . . . . . . . . . . . 116
Activity 2.10: Reality sex . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Activity 2.11: Media sex scandals . . . . . . . . . . . . . . . . . . . . . . . 122
Activity 2.12: Guess the product . . . . . . . . . . . . . . . . . . . . . . . 127
Activity 2.13: Advertising – facts and opinions . . . . . . . . . . . . . . . . 130

3. Porn and Body Image . . . . . . . . . . . . . . . . . . . . . . . . . . 133

Activity 3.1: Pornography and body image . . . . . . . . . . . . . . . . . . 133
Activity 3.2: Perfect people . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Activity 3.3: Industry influences . . . . . . . . . . . . . . . . . . . . . . . . 138
Activity 3.4: Under the knife . . . . . . . . . . . . . . . . . . . . . . . . . 140
Activity 3.5: 100 years of glamour . . . . . . . . . . . . . . . . . . . . . . . 143
Activity 3.6: Curvy bottles . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Activity 3.7: Body image game . . . . . . . . . . . . . . . . . . . . . . . . 148
Activity 3.8: The Muff March . . . . . . . . . . . . . . . . . . . . . . . . . 151
Activity 3.9: Changing body image through art . . . . . . . . . . . . . . . . 153
Activity 3.10: Behind the mask . . . . . . . . . . . . . . . . . . . . . . . . 156
Activity 3.11: Sexual stereotypes . . . . . . . . . . . . . . . . . . . . . . . 158
Activity 3.12: Body image pot shots . . . . . . . . . . . . . . . . . . . . . . 161

4. Porn vs. Real-Life Relationships . . . . . . . . . . . . . . . . . . . . . 165

Activity 4.1: Four words . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Activity 4.2: Porn vs. reality . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Activity 4.3: Why do people have sex? . . . . . . . . . . . . . . . . . . . . 171
Activity 4.4: Fantasy or truth? . . . . . . . . . . . . . . . . . . . . . . . . . 173
Activity 4.5: At what age are you ready? . . . . . . . . . . . . . . . . . . . 176
Activity 4.6: Backwards fairytales . . . . . . . . . . . . . . . . . . . . . . . 179
Activity 4.7: Gossip, rumours and lies . . . . . . . . . . . . . . . . . . . . . 182
Activity 4.8: Relationship bullying . . . . . . . . . . . . . . . . . . . . . . 184
Activity 4.9: Powers of persuasion . . . . . . . . . . . . . . . . . . . . . . . 188
Activity 4.10: Flirting or sexual harrassment? . . . . . . . . . . . . . . . . . 192
Activity 4.11: Personal boundaries . . . . . . . . . . . . . . . . . . . . . . 195
Activity 4.12: Ground rules in relationships . . . . . . . . . . . . . . . . . . 197
Activity 4.13: How to say what you want to say . . . . . . . . . . . . . . . . 200
Activity 4.14: Identifying relationship boundaries . . . . . . . . . . . . . . 203
Activity 4.15: Someone to trust . . . . . . . . . . . . . . . . . . . . . . . . 207

5. Sexting, Revenge Porn and Online Sexual Bullying . . . . . . . . . . . . . 209

Activity 5.1: Please share . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Activity 5.2: Sexting and the law . . . . . . . . . . . . . . . . . . . . . . . 211
Activity 5.3: Using social media . . . . . . . . . . . . . . . . . . . . . . . 214
Activity 5.4: Truth or lie? . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Activity 5.5: Social media quiz . . . . . . . . . . . . . . . . . . . . . . . . 219
Activity 5.6: Share/Not share . . . . . . . . . . . . . . . . . . . . . . . . . 225
Activity 5.7: Photo stories . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
 Activity 5.8: Taking risks . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Activity 5.9: Social media profile review . . . . . . . . . . . . . . . . . . . 235
Activity 5.10: Online dating . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Activity 5.11: Blame and excuses . . . . . . . . . . . . . . . . . . . . . . . 240

Additional Information and Support . . . . . . . . . . . . . . . . . . . . 244

Laws and legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Online information and support . . . . . . . . . . . . . . . . . . . . . . . . 244
Additional reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

Appendix 1: Example letter for parents/carers – schools . . . . . . . . 247

Appendix 2: Example parents/carers consent form – youth services . . 249

Appendix 3: Example invitation to a parental

PSHE information workshop . . . . . . . . . . . . . . . . . . . . . . . . . 251

Appendix 4: Quick guide for staying safe

online and social media for parents . . . . . . . . . . . . . . . . . . . . . 252

Appendix 5: Evaluation form . . . . . . . . . . . . . . . . . . . . . . . . . . 253

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
About the Author

Vanessa Rogers is a qualified youth worker and teacher with an MA in Community

Education who managed local authority services for children and young people for
over 15 years before becoming an independent trainer/consultant. She is a recognised
expert in youth work and personal, social and heath education (PSHE) and is regularly
commissioned by statutory and voluntary sector organisations across the UK and
Ireland to provide high-quality training for those working with young people aged
11–19 (up to 25 with additional needs).
The fact that she still regularly works with young people ensures that Vanessa’s
work is always engaging, informative and timely. Her consultancy roles include project
development, interim service management and external evaluations and quality
assurance, ensuring that her operational and strategic knowledge is up to date too.
Vanessa has over 20 social education resource books published by the National
Youth Agency (NYA) (UK) and Jessica Kingsley Publishers (worldwide). Her writing
credentials include being a regular features writer for Children & Young People Now
and being commissioned to devise teaching and learning packs for a wide range of
organisations, including teachers’ packs for the BBC3 series, ‘The Baby Borrowers’ and
‘Underage and Pregnant’.
Vanessa has written a number of popular resource books for those working with
young people, including the following published by Jessica Kingsley Publishers:
• Let’s Talk Relationships: Activities for Exploring Love, Sex, Friendship and Family
with Young People
• Working with Young Women: Activities for Exploring Personal, Social and Emotional
Issues Second Edition
• Working with Young Men: Activities for Exploring Personal, Social and Emotional
Issues Second Edition
• A Little Book of Alcohol: Activities to Explore Alcohol Issues with Young People
• A Little Book of Drugs: Activities to Explore Drug Issues with Young People
• A Little Book of Tobacco: Activities to Explore Smoking Issues with Young People
Her website gives detailed information about further titles, training and consultancy
visits.1

1 www.vanessarogers.co.uk

7
Overview

The learning resources in this book are designed to inform and educate young people
aged 13–19 (up to 25 with additional learning needs) about pornography and its
potentially negative impact on real-life relationships, mental health and emotional
wellbeing. This timely addition to the PSHE curriculum also meets aspects of spiritual,
moral, social and cultural (SMSC) education as it focuses on values and attitudes, both
personal and cultural, and the spiritual challenges and moral dilemmas that young
people face throughout adolescence and beyond.
Included are lesson plans and group work activities to build the self-confidence and
personal skills to make healthy choices and stay safe by:
• challenging the myths and stereotypes surrounding the porn industry
• exploring the negative impact watching online porn can have on body image
and emotional wellbeing
• considering how personal and societal values and attitudes are informed from
a wide range of competing influences, including family, peers, faith, culture,
gender and the media
• discussing how pornography can impact on real-life relationships and shape
sexual expectations
• considering the short- and longer-term risks of engaging in ‘homemade’ and
‘revenge’ porn
• identifying the risks of taking, sending or receiving naked ‘selfies’ or ‘nudes’ on
social media
• raising awareness about sexual bullying and domestic abuse and ensuring that
young people understand the meaning of sexual consent
• informing young people about the laws that govern the making and distribution
of pornographic material
• providing information about where to go for further help and support.
Although the focus of this resource is often considered a taboo subject, the ethos
throughout is supporting young people to build healthy relationships based on mutual
respect, affection and trust. As such it is an inclusive resource suitable for all young
people, regardless of their gender identity or sexual orientation.

8
PART 1

Introduction
It sometimes seems that sexual images are all around us, from storylines of love, lust
and betrayal on mainstream TV to seductive cinema adverts and raunchy music videos
featuring scantily clad women and glistening, muscled men. Added to this, with just a
few clicks on a PC, tablet or phone, intimate pictures and porn videos can be streamed
or downloaded with ease any time, anywhere, any place – even within the safety of
school and privacy of home.
Most young people are likely to encounter sexual images and porn in one form
or another, whether they actively seek them or not. One of the big questions is: does
it matter? Many would argue that viewing adult content is harmless fun, or simply
part of the well-paved path to adulthood. Others say that its effects are dangerous and
we should do all we can, as educators, parents and society, to protect young people
from harm. My starting point for the months of research that underpin this book is to
explore these questions:
Can a bombardment of provocative or sexual images, in some cases long before
experiencing a real-life relationship, affect the self-image, romantic expectations
and ultimately longer-term relationships of children and young people? After all,
everyone knows porn is not real, don’t they?
I think these questions should be explored as part of a robust whole-school and youth
services approach to sex and relationships education (SRE). Educators, health and social
care practitioners, parents and community leaders need to work together to challenge
the growing influence of porn on young people, potentially affecting their values and
attitudes to sex and relationships, and offer another perspective based on reality. Simply
maintaining a wall of silence means that any negative effects and misinformation will go
largely unchallenged. It may be an uncomfortable topic to discuss, but research suggests
that watching porn can leave young people anxious about the sort of sexual activities
they are expected to engage in, regardless of age, gender or experience, and confused
about how real-life relationships work. This includes issues surrounding sexual consent,
relationship bullying and newer concerns associated with social media including
‘sexting’, nude ‘selfies’ and revenge porn. Combined, these add to the existing well-
documented stress of adolescence, threatening to impact negatively on the physical,
spiritual, moral, cultural and emotional wellbeing of young people already struggling to
make sense of the world around them.
As an alternative, this book aims to increase young people’s understanding of how
pornography can potentially distort views of what is normal – both in terms of body
image, size and shape and relationships – and explore the myths behind the adult

9
10 We Need to Talk about Pornography

entertainment industry to see where truth lies, meaning that young people get to make
informed decisions, which has got to be a good thing.
So it seems the right time for educators to step forward to help young people
understand some of the potential dangers inherent in viewing unfiltered material and
discuss ways that porn can distort reality, including accepting Photoshopped pictures
and routinely edited videos as the ‘perfect’ body.
In short, why should we leave it to the pornographers to do all the teaching?
Identifying the Need

Why do we need to talk about porn now?

Pornography is nothing new; it has been around for centuries with the historical
evidence to prove it, meaning that generation after generation has grown up looking at
sexual images, secretly or otherwise. In fact, lots of adults in the UK continue to watch
and enjoy adult entertainment perfectly legally. To support this view, a journalist for
the Independent newspaper researching for an article: ‘The truth about pornography’,
undertook a ‘Twitter and Facebook trawl of about 45,000 people [that] turned up a
vanishingly small number of men – six – who never watched porn’.1
So if porn is a well-established phenomena, legally enjoyed by thousands and written
about openly in national newspapers, why do we need to talk to young people about
it now? What has changed? Well, quite simply, the big change is accessibility. Back in
2009 the Terrence Higgins Trust/UNICEF survey, ‘Young people’s views on sex and
UK sexual health services’, found that three-quarters of young people said they would
use the internet to get information on sex and sexual health.2 Fast forward 15 years
and with improved technology young people can, and do, regularly access pornography
without any filters via the internet, smart phones and video streaming.
Pre-internet generations had to actively seek out porn and put some effort into
finding it. ‘Top shelf magazines’, so called because of their shelf placement in a shop,
were sold strictly to those over the age of 18 and so were less casually available. Visiting
a sex shop in the 1960s and 70s probably involved going to a well-known area, such as
Soho in London, and trying to sneak a look past the doormen, or staring at a poster
outside, which was likely to have any nipple shots covered by a paper star (in line with
decency laws of the age), until a potential customer had proof of being over 18.
Even the advent and rise of the video in the 1980s and 90s was reliant on a) being
able to get hold of a film, b) having the money to pay for it and c) finding somewhere
to watch it undisturbed. So, porn was harder to get hold of, though definitely not
impossible.
Fast forward to today where young people are increasingly exposed to sexual images
from a young age through the media, music and TV/films, everyday viewing of sexy
underwear in the windows of established high street sex and lingerie shops, plus easy
access to the internet via phones, computers, laptops and tablets. Although some porn
costs money or needs a credit card to sign up for full access, there are still plenty of
free websites available to anyone who says they are over 18, plus a wealth of material
in the form of still photographs and computer games. Much of this can be streamed or

1 www.independent.co.uk/news/uk/politics/the-truth-about-pornography-its-time-for-a-rude-awakening
-8735043.html
2 https://www.cornwallhealthyschools.org/documents/Sexual%20health%20rights%20and%20staying%20safe.pdf

11
12 We Need to Talk about Pornography

downloaded straight to a device of choice, often on a contract paid for by unsuspecting

parents, thus removing many of the blocks to previous generations’ viewing.
With numerous young people saying that indecent images have just ‘popped up’,
without them doing or typing anything into the search bar, and anecdotal evidence
suggesting that children sometimes find pornography by accident while looking for
legitimate information about sex and relationships,3 I decided to do a bit of research
of my own. I can now honestly say that the only way that I found access to porn was
by looking for it. Type in ‘porn’ or ‘sex’ into a search engine and immediately there are
thousands of results just waiting to be clicked on. Suspicious teachers, youth workers
and parents can easily check the web history of any device to see which pages are being
returned to most, and if a young person has deliberately cleared the history, then it does
beg the question why.
However, just because it is out there and freely available doesn’t mean that all young
people are viewing pornographic material or reading erotic literature. A bit like sex and
drugs misuse, it is important for young people to understand that not ‘everyone’ is doing
it, and not everybody wants to do it. But with a 2014 BBC3 documentary ‘Porn: What’s
the Harm?’4 identifying children as young as eight being regular viewers of online porn,
it is clearly too important an issue to be ignored.

3 The Education Committee inquiry into Personal, Social, Health and Economic education (PSHE) and Sex and
Relationships Education (SRE) in schools, http://data.parliament.uk/writtenevidence/committeeevidence.svc/
evidencedocument/education-committee/pshe-and-sre-in-schools/written/10259.html
4 ‘Porn: What’s the Harm?’ BBC3 (broadcast 16 April 2014), www.bbc.co.uk/programmes/b040n2ph
Purpose of this Resource

The lesson plans in this book provide youth workers and teachers with a set of interactive
materials with which to deal sensitively with issues around pornography and the impact
that it potentially has on real-life relationships, body image and attitudes to sex. They
contribute to the spiritual, moral, social and cultural education of pupils, as defined by
Ofsted,1 which all schools in England must demonstrate development in.
Intended for use with Key Stage (KS) 3 and KS 4 pupils, the activities, projects,
quizzes and discussions are equally relevant in post-16 classes and informal education
settings such as youth clubs. Each exercise has an age-appropriate recommendation, for
example Years 8–13+, but this is dependent on maturity, existing knowledge and ability
so is intended only as a guide.
The exercises for lesson plans are written with reference to the Sex Education
Forum’s core values for good quality SRE:
• mutual respect
• loving and happy relationships
• rights to information, safety and health
• equality; particularly on the basis of gender and sexual orientation
• responsibility for oneself and others.2

Context for learning

The National Association of Headteachers (NAHT) says more young people are educating
themselves about sex online, which it anticipates will only increase as technology gets
faster and easier to use.3 This suggests that although young people definitely want to
learn, the sex education they currently receive from school, parents and youth services is
not enough, or does not include the things they really want to know.
Pornography as an issue is a legitimate subject area for workers to discuss with young
people because of the effect it can have on young people’s sex and relationships
education, their understanding of sex and sexual health and the impact on their
self-esteem and body image.4

1 ‘Promoting fundamental British values as part of SMCS in schools – Departmental advice for maintained schools’
– Department for Education (2014) p.5, www.gov.uk/government/uploads/system/uploads/attachment_data/
file/380595/SMSC_Guidance_Maintained_Schools.pdf
2 www.sexeducationforum.org.uk/resources/practice/faith,-values-sre.aspx
3 www.bbc.co.uk/newsbeat/20009247
4 ‘Young people and pornography: A briefing for workers’ (Brook, Centre for HIV and Sexual Health, FPA, The
National Youth Agency 2009)

13
14 We Need to Talk about Pornography

A recent NAHT poll revealed parental consent for this addition to the content of
SRE with 83 per cent of parents saying they want SRE lessons to address issues about
pornography5 so that their children are clued up rather than reliant on hearsay, gossip
and playground myths. Sex Education Forum policy adviser Sion Humphreys says:
We would support children being taught in an age-appropriate way about the
impact of pornography as part of a statutory personal, social and health education
(PSHE) programme.6
In addition to these collective concerns about the easy accessibility to porn and the
potentially damaging effects it can have, mental health charity Young Minds engaged
5600 young people through focus groups, surveys and online consultations, revealing
that easy access to explicit images adds to the stress and pressure of growing up, with
over half of 11–14-year-olds saying that they had viewed online pornography, and four
out of ten believing it has affected their relationships.7

National Curriculum links

This resource is primarily for educating young people at Key Stages 3 and 4
(11–19) through PSHE8 both in formal and informal education environments about the
potential impact and influence of pornography on individuals and wider society.
The Government’s PSHE education review in 2013 concluded that PSHE would
remain non-statutory on the National Curriculum, despite campaigns by educators
(including the Sex Education Forum,9 Brook,10 the FPA,11 and The National Youth
Agency), the Association of Headteachers and parents who feel that it is an important
part of preparing young people for the adult world. PSHE topics include drug and
alcohol awareness, budgeting and finance, voting and democracy (through Citizenship),
emotional health and wellbeing and sex and relationships education (SRE).
Though not statutory, the Department for Education (DfE) advice for local
authority maintained schools (and recommended good practice for grant maintained
or free schools) is that ‘all schools should make provision for PSHE, drawing on good
practice. Schools are also free to include other subjects or topics of their choice in
planning and designing their own programme of education’.12 This includes the addition
of education about the potential impact of pornography on young people to SRE lessons.
Although SRE is a topic within PSHE it is also a statutory part of the curriculum in
maintained secondary schools from the age of 11. However, not all topics are statutory
and parents have the right to withdraw their children from those non-statutory lessons,
which are often those that contain education about the emotional aspect of relationships
rather than just the facts of reproduction.

5 National Association of Headteachers (2013). Research carried out in April 2013 by Research Now and
commissioned by the National Association of Headteachers (NAHT) and press released by NAHT in May 2013
www.naht.org.uk/welcome/news-and-media/key-topics/parents-and-pupils/parents-want-schools-to-manage-
dangers-of-pornography-says-survey
6 Pornography impact lessons ‘should be taught’ in school – NAHT, www.bbc.co.uk/newsbeat/20009247
7 Young Minds Vs. Sexed Up (2013) www.youngmindsvs.org.uk/assets/0000/0136/YM_Vs_A4_SEXED_UP_
info_sheet_INTERACTIVE.pdf
8 PSE in Wales
9 www.sexeducationforum.org.uk
10 www.brook.org.uk
11 www.fpa.org.uk
12 www.gov.uk/government/publications/personal-social-health-and-economic-education-pshe
 Purpose of this Resource 15

SRE can be delivered within a range of core curriculum subjects as well as through
dedicated lessons. These include science, to learn about the biology of sex, religious
education/ethics, to consider personal values and attitudes, and vocational subjects such
as health and social care. Cross-curricular links can be made with other subjects,
including drama, English, history and politics to enrich learning and add value so
that young people see how SRE contributes to other areas of their life. This choice is
dependent on the school, but must be delivered with regard to the Secretary of State’s
guidance.13 Academies do not have to provide SRE but if they choose to they must also
have regard to the Secretary of State’s guidance.
The main principles of SRE in schools are:
• Effective sex and relationships education is essential if young people are to make
responsible and well-informed decisions about their lives.
• The objective of sex and relationships education is to help and support young
people through their physical, emotional and moral development.
• To help pupils develop the skills and understanding they need to live confident,
healthy, independent lives.
• To learn the significance of marriage and stable relationships as key building
blocks of community and society.
• To be given accurate information and helped to develop skills to understand
difference and respect themselves and others.
• Sex and relationships education should contribute to promoting the spiritual,
moral, cultural, mental and physical development of pupils at school to prepare
them for adulthood.
• Effective sex and relationships education does not encourage early sexual
experimentation.
SRE should also enable young people to develop assertiveness skills, to understand the
potential consequences of decisions made, to build a sense of personal responsibility
and develop the ability to discern fact from fiction.
In the absence of a national DfE programme of study (PoS), the PSHE Association
(the leading national support body for PSHE teachers), has developed a curriculum
that includes a PoS for Key Stage 3 and 4 SRE that contributes to a whole-school
approach across the UK:
• England: PSHE (Personal, Social and Health Education)
• Northern Ireland: Learning for Life and Work (Personal Development and
Religious Education)
• Scotland: Health and Wellbeing (Relationships, Sexual Health and Parenthood)
• Wales: Personal and Social Education (Health and Emotional Wellbeing).
This PoS is also useful for school-based youth workers who are increasingly tasked
with supporting formal education by delivering high quality SRE to meet a wide range

13 Available to download from www.gov.uk/government/publications/sex-and-relationship-education

16 We Need to Talk about Pornography

of learning styles and abilities, alternative education programmes for pupils requiring
additional support and within pupil referral units.
This book is aligned to the PSHE Association’s three overlapping core themes for
PSHE Association Programme of Study in a number of ways:
1. Health and wellbeing e.g. by developing young people’s ability to make
informed choices and take personal responsibility for their own decisions about
sexual health, consent and relationships; by encouraging emotional wellbeing
and exploring trust, respect and sexual identity; by challenging negative ideas
about body image and promoting healthy self-esteem.
2. Relationships e.g. by identifying what a positive relationship is and the difference
between this and those that may be damaging or abusive; understanding that
the media portrayal of relationships may not reflect real life; promoting healthy
relationships based on trust and respect for all young people, regardless of gender
identity or sexual orientation; learning risk-management skills.
3. Living in the wider world e.g. by learning verbal and non-verbal communication
skills, looking at the impact that greater access to pornography and erotic images
can have in terms of altering social norms and learning how to get their opinions
heard through youth democracy.
Whist there are no formal attainment targets in SRE it is important to make baseline
assessments of young people’s knowledge, experience and understanding in order to
ensure that education is age-appropriate and relevant. Tools for reflection and review
to assess and reinforce learning are suggested at the end of each lesson plan within this
resource.
The full PSHE Association guidance for schools, including a 2016 update, can be
downloaded and read in full online and it is suggested that all teachers read this carefully
as part of their planning process.14

Contribution to spiritual, moral, social and cultural education

All state-funded schools must offer a balanced curriculum that promotes the spiritual,
moral, social and cultural (SMSC) development of pupils and society. This aims to
prepare them for the opportunities, responsibilities and experiences of later life. The
lesson plans in this teaching resource contribute to SMSC education (as defined by
Ofsted) by promoting:
1. Spiritual development e.g. through exploring and reflecting on beliefs and values
about sex, relationships and pornography; understanding personal feelings and
building empathy for those of others; considering how and why people may have
different views on pornography and how these may impact on their behaviour.
2. Moral development e.g. recognising right and wrong and respecting the laws
that govern sexual consent, appropriate and inappropriate online content and
pornography; understanding consequences; investigating moral and ethical
issues relating to sex, gender and porn; considering sexual stereotypes and
learning to debate offering reasoned views.

14 Available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/283599/sex_and_relationship
_education_guidance.pdf
 Purpose of this Resource 17

3. Social development e.g. through developing a range of social skills including

communication, listening and assertiveness; recognising the right to have an
opinion and appreciate diverse viewpoints; promoting respect of self and others;
practicing resolving relationship conflict without resorting to bullying or
aggressive behaviour; experiencing democracy though participation in a basic
voting system and building respect for the law.
4. Cultural development e.g. by better understanding the impact of cultural
influences on personal values; discussing how social norms are shaped by popular
culture and the media; understanding more about different types of relationships
and developing respect and tolerance for others and celebrating diversity.
To find out more about how exploring the potential impact of pornography on children
and young people fits within SMSC read the Ofsted guidelines.15

Youth work curriculum and accredited outcomes

This is a resource that enables young people aged 13–19 (up to 25 with additional
needs) to learn about the potential impact and influence of pornography, both on
the individual and wider society, by exploring values and attitudes, as well as giving
factual information and sparking debate. It is appropriate for use by school-based youth
workers that contribute to formal education or those who work in community education
settings, including outreach and detached.
The key focus of youth work is to ‘enable young people to develop holistically, working
with them to facilitate their personal and educational development, to enable them to
develop their voice, influence and place in society and to reach their full potential’.16
This book aims to facilitate a dialogue between youth workers and young people
about the impact pornography can have on real-life sex and relationships, encouraging
them to explore the potential consequences of different actions before making decisions.
Youth work helps young people learn about themselves, others and society, through
informal educational activities which combine enjoyment, challenge and learning.17
‘Informal education’ certainly does not mean ‘unplanned’ and youth workers plan
learning opportunities within a curriculum that meets the approval of Ofsted. This
includes life skills, one of which is the ability to form and maintain healthy relationships
and make informed decisions about when, where and with whom to have sex and to
fully understand the concept of consent.
Personal and social development can be accredited through a range of different
methods. These include:
• The Duke of Edinburgh’s Award
• Award Scheme Development and Accreditation Network (ASDAN) short
courses

15 Guidance for inspecting schools under the common inspection framework from September 2015, with a myth
buster document on common misconceptions, available to download at www.gov.uk/government/publications/
school-inspection-handbook-from-september-2015
16 National Occupational Standard 2008 cited in ‘A narrative for youth work today’: www.gov.uk/government/
uploads/system/uploads/attachment_data/file/210380/a-narrative-for-youth-work-today.pdf
17 National Youth Agency 2015, www.nya.org.uk/wp-content/uploads/2014/06/The_NYA_Guide_to_Youth_
Work_and_Youth_Services.pdf
18 We Need to Talk about Pornography

• City & Guilds in employability and social skills (Unit 77546)

• Local awards
• AQA units
• UK Youth, Youth Achievement Awards.18
Examples of projects that could be accredited include peer education projects and
awareness raising campaigns, for example about domestic abuse or the risks of engaging
in nude self-made images or ‘selfies’.

18 www.ukyouth.org/youth-achievement-awards.html
How Young People Learn about
Sex and Relationships

In the UK, SRE teaches the facts about reproduction and sexual health, but not
necessarily about the emotional elements of a relationship. This includes mutual respect
and pleasure within consensual sex, building trust and falling in love, and on the
negative side, learning the skills to cope with rejection, break-ups, peer pressure and
understanding that sex in porn bears little or no resemblance to real-life relationships.
Positive sexual experiences are related to health and well being throughout the
life course, and it’s time for this to be given wider recognition by health workers,
educators, and society as a whole. We need to do more to create an environment in
which it is easier for people to discuss sexual well being as an integral part of the
conversation we have with people about our health.1
Parents can choose to withdraw their children from the non-compulsory parts of SRE2
for a variety of reasons, including faith, culture or because they choose to educate their
children themselves. While acknowledging that parents do have an important role to
play in preparing their children for adult life, this can mean that young people are given
different levels of information on which to base their choices.
It is generally recognised that talking about sex and relationships can be a daunting
or embarrassing prospect for both young people and their parents, with many young
people reporting that talk about sex is ‘banned’ in their house. Focus groups for this
book said that periods, masturbation and pornography were also on the list of things
never to be mentioned and that old-style double standards are often still applied to
what is acceptable behaviour for sons and daughters to engage in.
So it is unsurprising that a recent YouGov survey confirmed that outside school more
than a third of teens rely on getting advice about sex from their friends, the internet,
magazines and via pornography.3 This raises concerns about the mixed messages young
people are receiving as porn relationships bear no resemblance to fairytale happy endings
or the Disney cartoons children grow up watching. The lack of romance in most porn is
a sharp contrast to the quest to find ‘the one’ central to the plot of literally thousands of
Hollywood ‘rom-com’ movies, all of which are quietly internalised by millions of young
viewers worldwide. Although some erotic novels, dubbed by the media ‘mommy porn’,4
offer readers a marriage of romance and explicit sex, porn often depicts sex in ways

1 Professor Dame Anne Johnson. See more at www.ucl.ac.uk/news/news-articles/1113/26112013-Results-from-

third-National-Survey-of-Sexual-Attitudes-and-Lifestyles#sthash.l0NQ5NoO.dpuf
2 www.gov.uk/national-curriculum/other-compulsory-subjects
3 YouGov (2011)
4 www.urbandictionary.com/define.php?term=Mommy+Porn

19
20 We Need to Talk about Pornography

that are threatening, misogynistic, violent and without boundaries, leaving both young
women and men feeling confused as they absorb conflicting information about sex and
relationships from school, home, friends, faith, culture and the outside world.5
Further research is still needed to establish if there is a conclusive link between
education and a reduction in the number of children and young people accessing
pornography. However UK-based charity Safety Net claims evidence that pornography
has a detrimental impact on children and young people, including premature
sexualisation, negative body image and unhealthy notions about relationships.6
All of which adds weight to the Sex Education Forum’s ongoing campaign ‘SRE –
It’s My Right’,7 supported by organisations including UK Youth, the National Union of
Students (NUS) and the UK Youth Parliament, to include the effects of pornography
in SRE and urging political parties to commit to statutory SRE in their manifestos.

Supporting LGBT+ young people

All young people are entitled to high-quality, age-appropriate SRE both in school and
within other services for young people. However, research by the University of Cambridge
for Stonewall revealed that more than half of LGBT+ (lesbian, gay, bisexual and trans)
young people say the focus of sex education remains firmly on heterosexual sex and
traditional boy/girl relationships.8
Facilitators are reminded to think carefully about the language used within group
activities and to be mindful that although some young people are open about their
sexuality, others may be questioning, not ready to come out or simply don’t want to talk
about it. This book makes no assumptions about gender identity or sexual orientation
and specifically uses the inclusive term ‘partner’ as well as offering examples of same sex
couples for discussion scenarios. Using non-gender specific terms, for example using
‘they’ instead of ‘him’ or ‘her’ can also be useful.
The laws relating to lesbian and gay pornography are included alongside other
legislation, and opportunities are created to challenge LGBT+ stereotypes and correct
common mistakes, for example not knowing that the age of sexual consent in the UK
is 16 for all.9
Challenging any homophobic comments, pointing out that this could be considered
a hate crime or hate incident10 and is therefore unlawful, should make it clear that this
behaviour will not be tolerated. Referring back to ground rules to remind everyone
that asking personal questions and sharing details of intimate experiences is off-limits
should mean that no one feels uncomfortable while learning.
The following organisations may provide useful information:
• The website for the charity Avert has a great section on ‘coming out’, giving
information, case studies and support.11

5 www.psychologytoday.com/blog/sex-lies-trauma/201107/effects-porn-adolescent-boys
6 www.safetynet.org.uk/thefacts.php#sthash.fMxj1GY9.dpuf
7 www.sexeducationforum.org.uk/policy-campaigns/sre-its-my-right.aspx
8 www.stonewall.org.uk/sites/default/files/The_School_Report__2012_.pdf
9 www.fpa.org.uk/factsheets/law-on-sex#age-consent
10 www.stonewall.org.uk/help-advice/hate-crime
11 www.avert.org
 How Young People Learn about Sex and Relationships 21

• Families and Friends of Lesbians and Gays provides support and information to
young people and their families, before, during and after ‘coming out’.12
• Stonewall is a UK organisation that campaigns for the rights of gay, lesbian, bi
and trans people.13

SRE for young people with additional needs

Young people with disabilities have as much right to high-quality SRE as anyone else,
including exploring the impact access to pornography can have on their self-image and
expectations of sex.
Sex and relationships education should focus on dignity and respect, providing
information on safe sex and making it possible for young adults with SEN to safely
experience what millions of other young people take for granted.14
The word ‘disability’ is a collective term for such a huge range of physical, sensory and
mental disabilities, including ‘invisible’ disabilities like diabetes and deafness, that it is
impossible to prescribe for all. Along this continuum, pupils will have different learning
needs and abilities, as well as differing levels of experience and understanding of sex,
relationships and pornography.
This resource is not specifically aimed at students with special educational needs
(SEN) but many of the ideas can be easily adapted, for example by swapping words for
pictures, using a larger type font or inviting students to draw, not write, their discussions.
In some of the lesson plans, specific additional suggestions have been included, while
others will need individual adaptation.
For more information about teaching SRE to children and young people with
additional needs please see the DfE website for guidance.15

12 www.fflag.org.uk
13 www.stonewall.org.uk
14 Quote from online article http://senmagazine.co.uk/articles/896-sex-and-the-special-child-how-do-we-
educate-young-people-with-sen-about-sex.html
15 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/283599/sex_and_relationship_
education_guidance.pdf
Sex, Porn and the Law

Sex and the law

The age of sexual consent in the UK for men and women is currently 16 years old, which
is reinforced throughout this book. In 2013 the National Survey of Sexual Attitudes
and Lifestyles (NATSAL) confirmed that the median age for people in Britain to first
have sex is 16, which means that although ‘young people today have sex at an earlier
age than previous generations did’1 not everyone has sex underage. This suggests that
for many young people their first encounter with sex of any kind will be through porn.
Another underlying message throughout this resource is that the decision to have a
physical relationship, who to have it with and whether it includes penetrative sex or not,
is a personal one. Abstinence should always be promoted as an option, along with the
message that even if someone has had sex, they do not necessarily have to do it again
if they aren’t ready or don’t want to. Coercion to engage in the taking and sharing of
explicit pictures or films by using emotional pressure, aggressive tactics or deception is
unacceptable in any form and could result in the law being broken.
Teachers should ensure they promote that a loving relationship does not have to
be a sexual relationship and if one person says no, then that is what they mean and
no attempt should ever be made to charm, bully or beg them to change their mind. No
is always no, whatever the context and any form of sexual activity without the express
consent of both partners is illegal. Activities to explore the meaning of consent, the
impact that alcohol or misusing substances can have on decisions made and how to set
and maintain relationship boundaries can be found in Chapter 4 of Part 5.

An overview of the UK laws governing pornography

In the UK there are laws governing pornography and the making and sharing of explicit
images. These laws are there to protect children and young people, for whom pornography
is deemed unsuitable. Basically you need to be over 18 to buy or view porn, for example
going into an adult shop to buy films rated R18 (the ‘R’ means restricted) or membership
of an online porn site. However, some porn is illegal to make, distribute or watch at any
age in any format, regardless of who you are. This includes streaming or downloading
images of extreme pornography, such as sex involving animals, children or extreme
violence.
There are certain types of pornography that can only be described as extreme; I am
talking particularly about pornography that is violent and that depicts simulated rape.

1 www.ucl.ac.uk/news/news-articles/1113/26112013-Survey-examines-changes-in-sexual-behaviour-and-
attitudes-in-Britain#sthash.vlas0YbI.dpuf

22
 Sex, Porn and the Law 23

These images normalise sexual violence against women and they’re quite simply
poisonous to the young people who see them.2
The Audiovisual Media Services Regulations 2014 introduced a series of restrictions
on pornography produced and sold in the UK for online paid-for video on demand
(VoD). This aims to bring British VoD up to the same standards that already apply to
porn distributed on DVD, which must have an R18 marked clearly on it.3 This defines
the film as suitable only for viewers aged 18 or over.
It is illegal to take a sexually explicit picture or to film anyone naked (or engaging
in a sex act) under the age of 18, with or without that person’s consent. This includes
consenting young couples in an under-18 relationship who film or take intimate photos
of each other, which amounts in law to creating child pornography. It is also illegal for
those under the age of 18 to take ‘naked selfies’ even if they don’t intend to share them
and only mean to store them on their own phone.
It is also illegal to ‘incite’ underage porn in any way, including in the guise of a loving
relationship or where the subject is complicit. The law is further broken if this material
is shared with friends, for example via text, or posted online, and the perpetrator could
be charged with distributing child pornography, even if they are under 18 too. Once
shared a photo can very quickly go ‘viral’ and it is almost impossible to be 100 per cent
sure that every copy is traced and removed, even if the original is reported to the website
or social media company and taken down.
Please note that no money needs to exchange hands for any of the above to be
considered a serious crime by the police.
Revenge porn is explored in more detail later in the book. However, it should be
pointed out that it is not just teenagers creating this form of homemade porn, a Daily
Telegraph article written to explain the change in law reported that a McAfee study (in
the US) ‘found that 36% of people have sent or intend to send intimate content to their
partners, and that one in ten ex-partners threatened to expose risqué photos online –
a threat carried out 60% of the time’.4 There have been high profile celebrity stories
reported where pictures or sex tapes have been ‘leaked’.
While it is arguable that engaging in sex tapes has enhanced not harmed the
careers of some celebrities, many people come to regret their actions. This includes Kim
Kardashian who, during an interview with Oprah Winfrey,5 confessed that she regrets
the way she became famous after a sex tape she made in 2003 with then-boyfriend,
musician Ray J, was ‘leaked’ online. ‘It was a negative way, so I felt like I really had
to work ten times harder to get people to see the real me.’ She also talked about the
impact it had on her family, admitting the X-rated clip was ‘humiliating’. Now she is
a wife, mother and reality TV star, but her explicit home-shot sex film is still regularly
downloaded by millions and watched globally without her consent or knowledge.
In real life, it is unlikely that an online sex tape will enhance anyone’s CV and it
could present an additional challenge for those hoping to work in a teaching, policing
or caring capacity, as well as create constant fear about who has seen it.

2 Cabinet Office, Prime Minister’s Office, 10 Downing Street and The Rt Hon David Cameron MP (13.07.2013)
www.gov.uk/government/speeches/the-internet-and-pornography-prime-minister-calls-for-action
3 For more information on this story go to www.independent.co.uk/news/uk/a-long-list-of-sex-acts-just-got-
banned-in-uk-porn-9897174.html
4 www.telegraph.co.uk/news/uknews/law-and-order/11531954/What-is-the-law-on-revenge-porn.html
5 The Sun www.thesun.co.uk/sol/homepage/showbiz/4381835/Kim-Kardashian-admits-to-Oprah-that-she-was-
put-on-birth-control-aged-14.html
24 We Need to Talk about Pornography

Where to find more detailed information

Please note: all UK legal information is correct at the time of publishing but the law is
subject to change, so check to ensure that it is up to date and/or relevant to your area
before using.
• The Crown Prosecution Service – www.cps.gov.uk/legal/d_to_g/extreme_
pornography
• UK Parliament website – http://researchbriefings.parliament.uk/Research
Briefing/Summary/SN05078
• Child Exploitation and Online Protection Centre (CEOP) – http://ceop.police.uk
PART 2

Teaching

25
Guidelines for Teaching SRE
that Includes Pornography

Reflecting on personal values and attitudes

Good quality SRE, offered in a balanced, knowledgeable way that doesn’t seek to shame
or blame, is one of the few structures in place to challenge what is becoming part of
the everyday for thousands of teenagers in the UK so it is vital that those doing the
teaching feel confident and assured.
As with all emotive topics, for example religion, ethics or politics, it is important
for teachers and youth workers to spend time reflecting on where they stand in the
pornography debate before stepping into the classroom. Some people are anti-porn based
on a whole spectrum of reasons, including the politics of gender equality and arguments
about the objectification of women. Others consider the choice to watch legal porn or
not simply a matter of personal taste. The crucial point is that while everyone is entitled
to an opinion, which is likely to reflect personal values shaped by faith, culture and life
experience, this should not influence how or what they teach. Facilitators need to feel
comfortable discussing porn-related issues with young people and develop strategies to
ensure that personal feelings do not influence the way they do it.
Additional consideration should be given to anyone who feels particularly sensitive
to teaching this element of SRE and opportunities provided for additional support
from either a line manager or headteacher (whichever is most appropriate). There is a
suggested outline for continuing professional development included in the next chapter
of this section which provides opportunities to discuss any obstacles to good practice
that should also help to build confidence.

Teaching with confidence

While the basic biological content of SRE may not produce many blushes among
those familiar with teaching it, talking about sexting, revenge porn and naked selfies
might make even the most seasoned teacher or youth worker feel a bit uncomfortable or
embarrassed. The idea of this book is not to talk with KS3 and KS4 about the contents
of the pornographic material in detail, i.e. who did what to whom, but to enable
professionals to have an open dialogue with young people and educate them about
the way it can potentially shape and influence opinions, feelings and actions towards
sex and relationships. This falls within the remit of SMSC education, which focuses
more on values, attitudes and discussions about the impact that wider acceptability of
pornography may have on culture and society.

26
 Guidelines for Teaching SRE that Includes Pornography 27

It is important to stress that there is absolutely no need for anyone to research by

looking at pornography. Equally, young people should not under any circumstances be shown
pornographic images to illustrate what is being discussed.

The use of distancing techniques

Discussing the issues surrounding pornography within an educative environment
should be done using clear language that presents a non-judgemental attitude, while
reflecting the whole-school or youth services SRE policy and guidelines.
If there are any questions a facilitator feels uncomfortable with, or doesn’t know
the answer to, the simplest solution is to buy time by offering to look into it and come
back with an answer. If necessary, ask for support and guidance from sexual health
professionals or check the PSHE Association guidelines before responding. While it
is fine not to have all the answers, it is not OK to give out advice based on personal
opinions or experiences.
Wherever possible avoid being entangled in discussions where young people demand
to know your opinion or the answer to embarrassing personal questions. While the use
of ground rules that specifically include not asking or answering personal questions
should reduce the likelihood of this happening, if it does, the use of deflective techniques
is recommended. These include asking and answering questions in the third person or
using hypothetical scenarios to enhance and check out learning. For example, ‘If Tom
takes a topless picture of his girlfriend on his phone, would he be breaking the law if he
passed it on to his best friend? What is likely to happen if he sends the pictures on to
several friends? How might Sian, his girlfriend, feel if she finds out he has shared their
special pictures? What could happen if he gets caught with the pictures on his phone?’
Using this technique means that nobody has to reveal personal information and
sensitive topics can be discussed in detail safely within appropriate boundaries. This
includes examining the potential consequences of different choices and agreeing ways
to stay safe.
All of the scenario-based work in this book is set out in this way as experience has
shown that young people usually find it easier to problem solve effectively for abstract
people rather than to talk about their own dilemmas.
Continuing Professional Development

PSHE coordinators, youth work trainers and other professional development

professionals may find it useful to offer some continuing professional development
(CPD) workshops to prepare teachers and youth workers to feel confident using
this resource.
Below is a suggested framework to deliver three hours CPD, either as one workshop
or divided up by topic into ‘bite-size’ learning. This mirrors the main topics within this
resource and the relevant pages where more information can be found are referenced
in the grid.
The aim of the workshop is to familiarise practitioners with the style and content
of the lessons in this resource and to develop the confidence to explore the potential
impact that pornography can have on the emotional, physical and spiritual health with
young people.
In addition all professionals should be familiar with the SRE curriculum,
safeguarding and confidentiality policies and child protection procedures of their school
or youth service.

CPD workshop outline

Task How Purpose
1 Setting ground Developed and owned by the Creating an ethos of trust and open
rules group to enable them to feel dialogue so that children and young people
(see pages comfortable, safe and valued. can learn effectively and safely.
42–43) Explaining confidentiality and boundaries.
2 Exploring Considering the difference The importance of role modelling positive
personal values between personal and behaviour and not offering opinion as fact.
and attitudes professional opinion. Offering a balance of different views for
to pornography Exploring how personal values young people to explore the issues, backed
(see pages 26, are established. by research and evidence.
72, 96 and 133) Discussing diversity issues Remaining impartial while discussing
and how social, cultural and sensitive issues.
emotional difference can affect
learning.
Understanding how personal
values can impact on attitudes
and beliefs about pornography.

28
 Continuing Professional Development 29

Task How Purpose

3 Pornography To know the basics about the Being clear that:
and the law law that controls the making, • the legal age for watching, buying or
(see pages viewing and distribution distributing porn is 18
22–24, 59, 69, of pornography and adult
87 and 92) material. • some pornography is illegal at any
To have a working knowledge age
of the Criminal Justice Act • possession of indecent images of
1988, Public Order Act 1994, children (under-18s) is illegal.
the Sexual Offences Act 2003 This includes computer imagery and
and the Criminal Justice and simulated imagery.
Immigration Act 2008 (section It also includes pictures taken with both
63). parties consent.
4 Confidentiality Considering parental concerns Managing parents/carers expectations and
and and identifying challenges. responding to concerns.
safeguarding Clarifying school policy and Ensuring that pupils understand the
(see pages 43, safeguarding procedures meaning of confidentiality and when
244 and 252) in relation to disclosure or things need to be passed on and to whom.
concerns about risky behaviour. Setting and maintaining clear boundaries.
Agreeing boundaries and
acceptable behaviour.
5 Determining Identifying how much young Involving young people in decision making
learning needs people already know. and consulting with them about this part
(see pages 11, Considering how different of the PSHE curriculum, based on Ofsted
19–21, 40 and topics can be discussed in an evidence that demonstrates how learning
97) age-appropriate way. and motivation are enhanced when pupils
Building confidence in are consulted about their learning.
supporting young people in
good decision making, even
if their existing knowledge is
more than the facilitators.
6 Managing Discussing techniques Developing strategies for managing
sensitive including: sensitive or controversial issues both in the
issues and • ‘car parking’ ideas classroom and with parents.
controversial
responses • the use of distancing
(see pages 27, techniques
32–34, 244, • role-play
247–249 and • using drama or music
251)
• collective discussions
• referring back to ground
rules set and maintaining
boundaries.
7 Measuring Using the quizzes and Reviewing attitudes, values and knowledge
learning reflection activities in this expressed at the start and comparing them
(see pages 41, resource. with those at the end of the lessons.
203 and 253) Accreditation, where Enabling young people to recognise
appropriate e.g. peer education. learning that has taken place using
Recognising the development quantitative methods (e.g. accreditation)
of new skills, wider knowledge and qualitative (e.g. positive
and positive reinforcement of reinforcement).
choices made. Peer mentoring and peer education.
Identifying additional and Evaluation.
ongoing learning needs. Targeted development of further learning.
30 We Need to Talk about Pornography

Additional guidelines are available to download free of charge from the PSHE
Association1 and the Sex Education Forum,2 as well as the Department for Education.3
It is suggested that facilitators and PSHE coordinators read these documents as part of
the preparation for delivering the lessons.

1 www.pshe-association.org.uk/curriculum-and-resources/resources/sex-and-relationship-education-sre-21st-
century
2 www.sexeducationforum.org.uk/schools/the-best-teaching-methods-and-resources.aspx
3 www.gov.uk/government/uploads/system/uploads/attachment_data/file/283599/sex_and_relationship_
education_guidance.pdf
Keeping Parents and Carers Informed

Sex and relationships education

Some parents and carers find it very difficult to talk to their children about sex and
relationships and are perfectly content to leave this to professional educators. Others
hold the opposite view, believing that it is solely their right and responsibility to educate
their children about sex, as and how they see fit. As previously discussed, this right is
upheld to a certain extent by the Department for Education, with only core elements
of SRE being statutory, allowing those with parental responsibility to remove their
children from the rest if they choose.
Research suggests that the most effective way for young people to learn about the
birds and the bees (and all the bits in between) is not at either end of this scale, but
within a learning partnership developed between home and school. This approach
recognises that those with parental responsibility have a wealth of expertise and
experience to draw on and are likely to know how their child will respond best. Working
together and pooling the knowledge and skills of both parents and teachers creates a
more equal partnership, enabling and encouraging young people to learn in school with
reinforcement of the same clear, consistent messages at home.
Inviting parents (or those with parental responsibility) into school to inform them
of the topics that will be covered and to share the contents and ethos of this book,
producing information sheets and sending letters home that give a curriculum outline
can all help to allay fears and clarify the purpose of this learning. An example letter is
included in the back of this book (Appendix 1) that can be adapted by schools for use.
Some youth services will need parental consent to deliver sessions that could be of
concern to parents. While consent in schools for pupil to take part (or not) in PSHE is
routinely sought, within informal education this is not always required. A template for
a parent/carer consent form is provided in the appendices (Appendix 2) which can be
easily altered to specify what will be covered.

Online and mobile safety

Parents are encouraged to set boundaries to internet use at home, using the security
settings available on shared devices and regularly checking the web history to see
the sites most visited. While accepting that their children’s mobile phones are often
‘off limits’ to parents and they are entitled to a level of privacy in terms of texts and
messaging via social media, it is worth taking the opportunity to point out that having
pornographic images on a phone is illegal, even if both parties consented or if the
subject is unknown, for example downloaded content.
When offering a general guide to assessing if a picture is appropriate or not, parents
might like to suggest that their child consider if it is a picture they would be happy

31
32 We Need to Talk about Pornography

sharing with a grandparent or older relative. While this is a light-hearted approach that
should raise a smile, the message behind it is clear and might encourage young people
to hesitate and think again before uploading pictures. More direct advice is included
within some of the lesson plans that look at staying safe online and social media, and a
quick guide for parents is provided in Appendix 4.
Encourage parents to keep communication channels open so that they can ask about
any noticeable differences in the volume of texts their child sends and/or receives and
discuss the risks of photo sharing. Other strategies include offering to help with setting
up social media accounts and choosing a profile picture without being seen to pry or ask
awkward questions. A genuine interest can encourage openness and contribute to young
people believing that they have someone to turn to should things go wrong. Taking the
opportunity to discuss issues in an everyday way is likely to be far more effective than sitting
down to have a ‘big talk’ about pornography, which can be embarrassing for all concerned.
That way the message received is that children can talk openly to the adults they live with,
meaning that if they are worried they are more likely to ask them for help or advice.

Using the media

Parents can create opportunities to check out values and attitudes by looking out for
media reports relating to indecency and pornography, for example young couples
prosecuted for sending and receiving naked photos of each other, or TV storylines that
involve characters vulnerable to abusive or manipulative relationships. These all provide
great starting points for parents to talk about choices made and to share concerns about
potential consequences. Soap operas in particular often have storylines that mirror
current concerns and watching them together at home can make it easier to talk about
difficult topics in the third person, while reinforcing positive messages to keep young
people safe and happy. Simply keeping open the lines of communication in a non-
judgemental and unemotional way demonstrates to young people that their parents
understand some of the issues and are willing to listen. Having ‘what if ?’ conversations
should make it easier if it becomes necessary to have real ones.
Ultimately what most young people need is the reassurance that if they make a
mistake or get into a difficult situation there is an adult they can rely on for advice,
information and support at home.
• Useful resource: Let’s work together: A practical guide for schools to involve parents
and carers in sex education, available to download from the Sex Education Forum.1

Managing parental concerns

Many parents/carers are concerned about the easy access to porn that the internet and
smart phones allow their teenagers, and are horrified if they discover that their child is
one of the many thousands who has viewed it.
As well as being a bit of a taboo subject, one issue is that unlike other complex social
‘firsts’ experienced during the teen years, social media in its current form was not around
when many parents were the same age, so they have no personal experience on which to
draw. Add to that the barrage of worrying stories in the news and it is unsurprising that

1 www.sexeducationforum.org.uk/schools/partnership-with-parents-and-carers.aspx
 Keeping Parents and Carers Informed 33

parents, especially those not confident using digital technology, are left feeling alarmed
and a bit helpless.
For young people to participate fully in the lessons contained in this resource it may
be necessary to obtain parental consent, especially within an environment that does not
have any statutory powers, such as a youth club. In schools this might already be covered
by existing consent given for PSHE lessons, but it is good practice to advise parents
(and young people) what is going to be covered and the intended learning outcomes,
along with a consent form for parents to read, sign and return. An example letter is
included in Appendix 1 that can be adapted by schools for use.
Youth services will need to decide if parental consent is required to participate in
this area of social education. Although this may not be possible in circumstances where
the issue of pornography arises out of an informal discussion, to develop it into a wider
project it might be advisable to keep those with parental responsibility informed, even
if this is going to take place in a detached setting. An example consent form is included
in Appendix 2. Explain to young people that without a signed consent form it will be
assumed that consent has been denied and they will be unable to participate.
Hosting an open evening or workshop that offers practical support to parents/carers
and an opportunity to see the teaching materials that will be used, plus information and
advice on how to broach this complex subject at home, can help to allay any fears they
may have. These could include worries that discussing porn might actually encourage
young people to use it more, or introduce them to things they don’t yet know.
An example invitation to a parental information workshop is provided in Appendix 3.
During the parent/carers information workshop educators should be prepared to
answer questions about what will be covered and how. Schools may want to consider
preparing a handout that details how this new topic fits into existing schemes of work.
This would aim to reassure parents that pornography will be raised in an age-appropriate
way that is professional, supportive and ethical as part of a properly planned SRE or
PSHE curriculum. Again, reinforce that no pornographic or inappropriate material will
be shown at any time, under any circumstances.
Finally, consider offering the contact number of a named person in school or the
youth club and a time slot when parents can call for an update on learning or to share
any concerns.

Signposting to additional support for parents

All schools should have a PSHE or SRE policy that can be shared with parents on
request to have a deeper understanding of the topics within the curriculum. This should
describe what the point of it is and how it supports young people to learn social and
emotional skills for life. There should also be opportunities scheduled into the school
year for parents to be updated about their child’s learning.
Consider signposting parents to the additional services listed below, making it
clear that no responsibility can be taken for the content or advice given by outside
organisations.
• Young Minds Parents Helpline: 0808 802 5544 (free for mobiles and landlines)
– offering free, confidential online and telephone support, including information
and advice, to any adult worried about the emotional problems, behaviour or
mental health of a child or young person up to the age of 25
34 We Need to Talk about Pornography

• Relate: Parenting Troubled Teenagers: 0300 100 1234 – offering free confidential
online and telephone support to parents concerned about their teens’ substance
misuse, relationships or behaviour
• Mermaids: 0208 123 4819 – family and individual support for children and
teenagers with gender identity issues
• FPA – the FPA provides an advice sheet for parents on how to talk to their child
or teenager about sex and relationships.2

2 www.fpa.org.uk/help-and-advice/advice-for-parents-carers
Partnership Agencies and
Involving the Wider Community

Effective SRE in schools can be enriched not only by working in partnership with
young people and their parents, but also with key professionals in health and social
care services and members of the community with particular areas of expertise, for
example spiritual or community leaders, who can reflect the beliefs and culture of the
communities in which they live. These familiar, respected people can help reinforce
learning as well as offering a cultural, religious or ethical context to SRE, making it
more likely that some young people will engage.
Specific professionals can be invited to contribute to lessons, for example social
media experts who can explain how home-shot porn videos can go viral in a matter
of hours, or local police officers who can explain the laws regarding the taking and
sending of naked selfies or the consequences of being convicted of sexual assault or rape
following alcohol- or drug-fuelled non-consensual sex.
Before agreeing a guest speaker it is always important to check that both parties
can work together effectively. Make sure they have seen this book and understand
how it fits within the SRE curriculum and are comfortable with the boundaries set for
engagement. Take time to clarify confidentiality and how it applies within the lesson to
ensure mutual understanding and to identify any potential difficulties or conflicts. For
example, while all professionals should be clear about their duties regarding reporting a
safeguarding issue, if police are invited into class and a young person reveals they have
an account with a social media site they are too young to join, will the officer have to
act on it? It is far better to consider any potential challenges in advance and agree a
joint strategy.
Inform young people in advance that an outside professional will be joining the
class and explain their role. Inviting a stranger into a fully formed group without any
explanation can damage the learning environment, change group dynamics negatively
and be counter-productive to trust built.
Monitor the impact that an outside speaker’s contribution has on the learning
outcomes for that session and review to plan for the next time.

35
PART 3

Guide to Using
this Resource
Teachers: The lessons in Part 5 (split into five chapters) are designed for teachers to pick
and choose activities that fit within their own scheme of work within the curriculum.
They can also be delivered as standalone exercises for short blocks of time, for example
during registration or class assemblies to look at a specific topic.
Youth workers: The activities in Part 5 (split into five chapters) can be delivered within
a wider sex and relationships curriculum. They can also be used as standalone sessions
to explore different issues relating to pornography and to consider the potential impact
it can have on relationships, self-image and emotional wellbeing.
All of the games, quizzes and exercises included in this book raise awareness in an
engaging and age-appropriate way that is sensitive to different levels of ability. Some
are intended to spark creativity while others enable young people to explore their own
awareness, values and attitudes safely by using case studies, scenarios and examples.
Lessons can be chosen from across the five chapters and there is no intention that they
should be delivered in any specific order. However, for a holistic view facilitators may
choose one from each chapter.
All lessons have been designed to develop the three key skill areas required for
effective learning: knowledge, attitudes and skills.
1. Knowledge: Offering correct non-biased information about the pornography
industry; facts about sex and relationships and the legal context.
2. Attitudes: Exploring values and opinions about porn and how watching porn can
affect young people’s view of sex and relationships. This includes the important
issue of consent, body image and the potential impact on expectations of sex and
relationships as well as aspirations for the future.
3. Skills: Developing good self-esteem, building assertiveness and confidence and
enabling young people to make their own informed choices about pornography, as
well as how to develop positive relationships and maintain emotional wellbeing.
For more information about teaching SRE and PSHE go to:
• Brook – www.brook.org.uk
• PSHE Association – www.pshe-association.org.uk

37
38 We Need to Talk about Pornography

• Sex Education Forum – www.sexeducationforum.org.uk

• The National Curriculum – www.gov.uk/national-curriculum/other-compulsory
-subjects

Extension activities
While some extension activities have been suggested for individual lesson plans,
it is generally anticipated that most learning will take place within the classroom/
informal learning environment. This is to reduce the likelihood of young people using
inappropriate websites for ‘research’ and acknowledges that most of these lesson plans
will be used within a wider SRE curriculum.
However, young people are directed to different campaigns for better, more inclusive
SRE and may choose to look into this in more depth. Alternatively, lesson activities
may be used as a basis for a peer education or Youth Health Champions project or to
inspire individual campaigns on some of the issues raised.
Facilitating Group Learning

This book has been written as a group work resource for educating young people together.
The timings given are based on facilitating a group of up to 20 young people, but can
be used with greater or smaller numbers with minimal adaptation. As a rough guide,
allow more time for a whole class, especially where activities include feedback and
presentations, and select some additional tasks for small groups (between 6 and 12) in
case they get through planned learning more quickly.
Research shows that pornography creates certain gender bias. Young men say they
use it to satisfy curiosity about sex and, in particular, technique, positions and the female
anatomy, as well as for arousal purposes.1 Young women report watching it to find out
about sex itself, although not exclusively.
New research by McCormack and Wignall2 finds that some young men explicitly
use pornography as a ‘safe place’ to explore their sexuality and to help them understand
their sexual identity, concluding that this challenges notions that porn is harmful. By
comparison, research undertaken by Bridges3 concludes that as pornography has become
more accessible it has increasingly shaped expectations of romantic relationships and
created new sexual ‘norms’, which is cause for concern in terms of decreasing body
image satisfaction for young women and altering perceptions of acceptable behaviour.
To facilitate learning, consider delivering some sessions in single gender groups.
Both young men and women may find it easier to be honest about concerns and
ask questions in this type of environment and it can reduce embarrassment around
intimate topics. Having said this, there is value in bringing males and females together
to learn from each other, for example discussions about consent and gender stereotypes,
so that they have the opportunity for greater awareness and to build empathy about
different perspectives.

1 Flood (2009) ‘The harms of pornography exposure amongst children and young people.’ Child Abuse Review, 18,
384–400.
2 McCormack, M. and Wignall, L. (2016) ‘Enjoyment, exploration and education: understanding the consumption
of pornography among young men with non-exclusive sexual orientations.’ Department of Sociology, Durham
University.
3 Bridges, A. (2015) ‘Pornography’s influence on interpersonal relationships.’ Department of Psychology, University
of Arkansas.

39
Supporting Different Learning Needs

While sex and pornography are repeatedly mentioned, the main focus of this learning
resource is on building healthy, trusting relationships and enabling young people to
recognise the difference between real life and the types of sexual encounters often
depicted in porn. For under-16s consider running sessions within a wider context, for
example the media’s influence on body image or the ethics of using images of a sexual
nature in music videos, rather than focusing solely on pornography.
Young people learn in different ways so the lesson plans in this book are facilitated to
met the needs of audio, visual and kinaesthetic learners through discussion, presentation,
quizzes, pair and share activities, media (websites/film/magazines) and interactive group
work. For a more creative approach, there are several activities that are art or craft based,
meaning that young people learn while they make something.
The lesson plans are deliberately flexible to respond to different levels of existing
knowledge and ability. Where appropriate, adaptations have been suggested for a more
inclusive approach, such as facilitating ‘agree/disagree’ activities using red and green
cards while seated, rather than by moving to points around the room. There are also
suggestions for alternative activities for young people who may feel uncomfortable
talking in larger groups and for those who do not enjoy role-play activities.
It is important that facilitators take into consideration that young people may:
• have no experience of porn or alternatively have seen lots of it
• hold existing opinions about pornography and the availability of material with
an adult content
• receive mixed messages either from parents or older siblings who openly bring
adult material into the home or from family members who refuse to talk about
sex and relationships at all
• have values and attitudes influenced by their faith, culture and/or community
• feel uncomfortable talking about intimate issues with anyone.
To address this, consider including a ‘time out’ system if things get too much,
opportunities to ‘pass’ or ask questions on a one-to-one basis, an anonymous questions
box to post questions into at any time, or opportunities after the formal learning has
ended to share concerns.
A wider strategy for support will need to be agreed in advance, ready to be put into
place when appropriate. Best practice suggests that this should be part of a whole-
school approach, so it will be important to inform other school services, such as the
pastoral support team, school counsellors or chaplains, when the lessons are taking

40
 Supporting Different Learning Needs 41

place. This way they can be prepared for any referrals made or any additional calls on
their time for one-to-one support and advice.
Finally, information about local community support services for young people
should be made available both in schools and within youth service provision. This
includes community health clinics, emotional and spiritual support and confidential
sexual health services, dependent on age and maturity.

Assessment and evaluation

Before starting, teachers and youth workers are encouraged to carry out a needs
assessment in order to assess existing knowledge and identify the appropriate level for
the group. There is a ‘reflection and review’ activity suggested at the end of each lesson
plan. This will enable young people to participate in a facilitator-guided evaluation of
the learning within the main lesson and reinforces the key points to check that everyone
has understood and processed the information given. Additionally, for use at the end of
a block of lessons, project or extended lesson there is an evaluation sheet (Appendix 5)
for young people to complete. Facilitators can use this to review learning and identify
further educational needs.
Dependent on the young people participating and activities chosen, a risk assessment
may be appropriate. This should be undertaken in line with organisational guidelines.
Suggested tools for group assessment include: mind mapping, quizzes and questionnaires
and facilitated discussion.
Suggested tools for individual assessment include: one-to-one questionnaires or informal
and formal review by teachers.
Suggested tools for evaluation include: individual and group feedback, private reflection
and self-evaluation, quizzes to reinforce and check learning.
Creating a Safe Learning
Environment

Please note that it is anticipated that ground rules, confidentiality and appropriate
behaviour will have been discussed, agreed and put in place before facilitating any
learning. There is a reminder to review this at the start of every lesson.

Ground rules
To ensure a safe learning environment it is good practice to negotiate and agree
ground rules with young people before starting any learning. These are different to
the formal rules already in place within a school or youth centre and focus on how the
group will work and learn effectively together, handle differences of opinion, approach
questions and clarify confidentiality and boundaries.
Going through this process will help create a space in which all young people can
learn, discuss sensitive issues, ask questions and work together safely and with respect
for each other.
The following ground rules could be used as a starting point:
• Respect each other’s rights, beliefs, values and experience.
• Use the correct anatomical words for body parts during discussions (where
known; if not known, ask).
• Listen to one another.
• Ask questions to help learning.
• Respect diversity, faith and culture.
• Nobody has to share anything personal.
• Everyone has the right to an opinion.
• Each person must take responsibility for what they say or share.
• Maintain confidentiality – unless this could put someone at risk of harm or
harming others.
The educator is also bound by these ground rules, except in circumstances where a
young person discloses something that they are obliged to report under child protection
and safeguarding laws or where a criminal act has been committed.

42
 Creating a Safe Learning Environment 43

Some schools or faith groups may have agreed guidance about how to answer
questions on specific topics so this will need to be taken into account too when planning
for the lesson.

Confidentiality and safeguarding

The Department for Education published new statutory safeguarding guidance, Keeping
children safe in education (2015),1 with reference to teaching children about how to keep
themselves and each other safe and the role of SRE in prevention.
As the issues discussed in SRE, including the potential impact of pornography, can
be extremely sensitive, make sure that the need to respect each other’s points of view
has been fully considered and that young people are clear from the start that personal
questions about sex, relationships and sharing direct experiences of watching porn will
not be allowed.
Alongside the ground rules, confidentiality, what it means and where the boundaries
lie, needs to be clearly detailed before any work begins. Remind young people
regularly that confidentiality does not mean keeping secrets and that there are certain
circumstances where facilitators cannot maintain it. These include:
• if a young person is at risk of potential harm or is being harmed, for example
abuse, sexual exploitation or as a victim of ‘revenge porn’
• if a young person is at risk of, or has caused significant harm to someone else,
for example sharing intimate photos without permission, being a perpetrator of
domestic abuse or relationship bullying.
Finally, the issues of relationship bullying, sexual consent, revenge porn and abuse
between couples are raised within some of the lesson plans, encouraging young people to
speak out and get help for themselves or a friend if they suspect unacceptable behaviour.
Details of local support as well as national organisations should be made available in
ways that do not single out particular young people, for example handing out leaflets
to everyone.
For details about online safeguarding go to the website of the Child Exploitation
and Online Protection Centre (CEOP).2

Managing challenging behaviour

Although ground rules, co-produced with young people, provide a basic framework
for acceptable behaviour, facilitators should agree in advance strategies for managing
challenging behaviour effectively. Young people should be clear about behavioural
expectations and aware of any sanctions that will be evoked (if any) should they
be broken.
Part of the learning process is to offer safe opportunities to constructively challenge
comments and opinions and this should be encouraged. However, it is important
to recognise that some young people may object to porn for religious or cultural
reasons, or have strong political feelings about it, for example feminist views about the

1 www.gov.uk/government/publications/keeping-children-safe-in-education--2
2 http://ceop.police.uk
44 We Need to Talk about Pornography

objectification of women, and the facilitator should be prepared to close down heated
challenges before they become personal to prevent anyone feeling isolated or attacked.

Additional support and guidance

How much is too much? Some young people may be concerned that their use of
pornography is becoming compulsive or use the term ‘porn addict’ to describe the
amount of porn they watch. Facilitators should be ready to encourage young people to
seek professional support and guidance where appropriate. In addition to researching
local support services for young people, the following organisations may be helpful in
signposting to national services:
• ChildLine – a counselling service for children and young people3
• NHS Choices – sex additction and love addiction. NHS website on a variety of
aspects of sex and relationships with links to help and support4
• The Site – provides information and advice on a range of issues, including sex and
relationships, safe sexting and webcam sex, affecting young adults aged 16–255
• Understanding Sex and Relationships Education, A Sex Education Forum Briefing
(2010).6

3 www.childline.org.uk
4 www.nhs.uk/Livewell/addiction/Pages/sexandloveaddiction.aspx
5 www.thesite.org
6 www.sexeducationforum.org.uk/media/2572/understanding_sre_2010.pdf
Key Vocabulary

Below is a table of common terms, acronyms and words used throughout this resource
book. It may be helpful for teachers/youth workers to read and become familiar with
any unknown vocabulary. It can also be shared with young people, where appropriate,
who may want to offer suggestions for local meaning or new additions.
Throughout this book some key vocabulary is highlighted in bold text at the start
of each activity/lesson plan.

Vocabulary Meaning
Abstinence The avoidance of any kind of sexual activity
Adult Adult entertainment industry (also called the sex industry or sex trade) consists
entertainment of businesses which either directly or indirectly provide sex-related products and
industry services
Advertising The Advertising Standards Authority (ASA) is the self-regulatory organisation of
standards the advertising industry in the UK
Asexual Someone who does not experience sexual attraction (or very little) to any person
Assertiveness/ Saying what you think, feel, need or want with confidence while respecting the
assertive rights and needs of others
behaviour
Beauty A collective term for anyone involved in the manufacturing, designing, marketing,
industry promotion and sales of products (including cosmetics), which aim to enhance
physical appearance and improve the self-image of those who buy and use them
Bisexual Physically, romantically and sexually attracted to your own and other gender(s)
Body People with body confidence have positive body image, meaning that their
confidence perception of their physical self and their positive feelings as a result of that
and body contribute to emotional health and general wellbeing. Some people are not
image body confident, meaning that their feelings towards themselves are negative. Body
confidence and body image can be influenced by individual, environmental and
cultural factors
CAMHS Child and adolescent mental health service
Celibate Someone who chooses to refrain from sexual intercourse
Cis gender Someone whose gender identity, gender expression and biological sex all align
CLA Children looked after
Collective Something that is the responsibility of many people, rather than one person
responsibility
Consequences The potential sequence of events that is likely to happen as the result of a choice,
decision or action. Before making a decision, potential consequences should be
considered and then balanced against the likelihood of it happening. In this way,
decisions are likely to be more informed with the potential for better outcomes
CPD Continuing professional development

45
46 We Need to Talk about Pornography

Vocabulary Meaning
Criminal An Act of the Parliament of the UK that commenced in July 2008. Section 63
Justice and creates a new offence of possessing ‘an extreme pornographic image’. Section 69
Immigration extends the definition of indecent photographs in the Protection of Children Act
Act 2008 1978 (which creates offences relating to child pornography). Section 72 amends
section 72 of the Sexual Offences Act 2003 to extend sexual offences against
children overseas. Section 73 and Schedule 15 extend the definition of the offence
of child grooming. The complete Act is available to download in PDF form online1
Debate To offer different viewpoints, along with supporting arguments, and then take
turns in discussing them
DfE Department for Education
DH Department of Health
Diversity Understanding that each person is a unique individual and recognising and valuing
these individual differences
Domestic Any type of controlling behaviour, bullying, threats and intimidation or violent
abuse and behaviour between people in a relationship. This can be emotional or physical
relationship
bullying
Emotional Defined by the Mental Health Foundation2 as a ‘positive sense of wellbeing which
wellbeing enables an individual to be able to function in society and meet the demands of
everyday life; people in good mental health have the ability to recover effectively
from illness, change or misfortune’
Film In the UK the British Board of Film Classification classifies films before they can
classification legally be shown in cinemas and other public venues. This determines the age that
the film is suitable for
Flirting Showing someone that you find them sexually attractive without openly saying
so. This can be face to face or, for example, by sending flirty texts. Flirting is not
always reciprocated so it is important to be responsive to the body language of
others so that it is not interpreted as harassment
Gay A man who is sexually, physically and romantically attracted to the same gender.
Often used to describe women attracted to women too
Gender The internal perception someone has of their gender and how they label
identity themselves
GUM clinic Genito-urinary medicine clinic
Heterosexual A medical definition for someone who is attracted to someone of the
other biological sex
High street Shops and well-known brands that are typically found on a high street rather than
independent shops or boutiques and designer labels
Homemade Also called ‘amateur porn’ or ‘realcore’, it generally means pornography made by
porn real people rather than professional actors, directors and film crew, etc., often in
their own home. It describes digital images, videos and live steaming as well as
printed pictures
Image How you present yourself to others, also described as ‘public image’
Indecent As defined by the legislation for England and Wales which deals directly with
image offences concerning indecent images of children:
• The Protection of Children Act 1978 – Section 1
• The Criminal Justice Act 1988 – Section 160

1 www.legislation.gov.uk/ukpga/2008/4/pdfs/ukpga_20080004_en.pdf
2 www.mentalhealth.org.uk
 Key Vocabulary 47

Internalise To accept or absorb an idea, opinion or belief so deeply that it becomes part of
your character and can define how you see yourself
LBGT+ An inclusive term for those identifying as lesbian, gay, bisexual or transgender plus
any other non-heterosexuals
Lesbian A woman who is physically, sexually and romantically attracted to another woman
Manga comics Created in Japan and identifiable by their unique style of drawing characterised
by elfin features and big eyes, which was developed in Japan in the late 19th
century. Manga comics are popular in the UK, along with Manga (or Manga-
style) cartoons. While traditional Manga images are age appropriate for under 18s,
animated pornographic films using the same style of characters are not and this is
legislated for within the Criminal Justice and Immigration Act 2008
Marketing The promotion and selling of products and goods
Naked selfie Sometimes called ‘nudes’ or ‘glampics’ this refers to intimate and/or erotic selfies
usually taken for the purpose of sexual arousal. They are often sent via text or
instant message, but can be kept by the owner. Illegal to take, possess and share if
the person is under 18
National Sets out the programmes of study and attainment targets in schools for all subjects
curriculum at all four key stages
NEET Not in employment, education or training
NHS National Health Service
Online app/ An online app is a program stored on a remote server that can be downloaded and
Mobile app installed on a computer. A mobile app is designed to run on mobile devices, such
as smart phones and tablets
Online dating Commonly used to describe those engaged in looking for a potential romance or
sexual partner online, usually via a dating app
Online safety Gaining the knowledge and skills to enjoy the internet safely and securely
Overt and Overt = what you openly say, see or do; covert = the subtext or underlying message
covert given
messages
Parental The legal rights, duties, powers, responsibilities and authority a parent has for a
responsibility child (under 18) and the child’s property. A person who has parental responsibility
for a child has the right to make decisions about their care and upbringing. This is
can be someone other than the birth mother or father, for example a grandparent
or older sibling if assigned by a court. If a child is in the care of the local authority,
often referred to as ‘in care’, then the local authority may have parental authority
PCT Primary care trust
Peer education The teaching or sharing of information by people of the same or a similar age
Penis The male genital organ
Personal The internal rules and limits people set about what is and isn’t acceptable in the
boundaries way other people behave towards them. This includes emotional boundaries, which
may remain unspoken until someone challenges them
Personal Things for which individuals have choices and responsibility for the consequences
responsibility of their actions
Popular Also ‘pop culture’, to mean ideas, music, attitudes, images, etc. that are widely
culture popular within mainstream Western culture
Porn actor An actor who is employed to be filmed having sex in pornographic films
Pornographic An image, visual or picture which fits within the description below
image
Pornography Sexually explicit material that is for the primary purpose of sexual arousal. Porn is
the abbreviation
48 We Need to Talk about Pornography

Vocabulary Meaning
Positive A relationship based on mutual feelings, equality, respect and trust. Although
relationship this can include friendships the term is popularly used to describe intimate
relationships, which may or may not involve penetrative sex
PSHE Personal, social and health education
Queer The collective term used to encompass anyone not identifying as straight
Reality TV A common catch-all term used to mean programmes that purportedly use ‘real-
life’ people instead of professional actors, and film them in a variety of situations,
tasks or challenges to entertain the viewer. This genre includes popular TV shows
‘Big Brother’, ‘Gogglebox’, ‘Made in Chelsea’ and ‘The Only Way Is Essex’
Revenge porn The distribution of a private sexual image of someone without their consent and
with the intention of causing them distress
Self-esteem Confidence in your own value, worth and/or abilities
Selfie A self-portrait taken with a mobile phone, usually to send to someone else or post
on social media. These can be taken alone or with others
Sexting Sending messages, usually by text, of a sexual nature
Sexual Attraction that someone feels for someone else based on sexual desire
attraction
Sexual consent Currently, the legal definition is that the individual must be over the age of 16 and
able to understand the nature of the sex act and its consequences, there must be no
pressure used, and they are able to communicate their decision to have sex
Sexual Used to describe what someone anticipates their experience of sex will be
expectations like. These expectations are informed by culture, faith, education, family, peers
and experience, as well as things like the media, music industry and watching
pornography. Some research suggests that pornography is informing young people
with sexual expectations unlikely to be met outside a film and is putting pressure
on them or their partners to fulfil these unrealistic expectations
Sexual Unwelcome sexual advances or behaviour of a sexual nature that makes someone
harassment feel uncomfortable, unsafe, bullied or afraid
Sexual Something that sounds innocent but has a sexual interpretation too. Some
innuendo traditional forms of comedy rely on it, for example pantomime dames usually use
some form of sexual innuendo
Sexual Physical intimacy, or closeness, within a relationship. This can be within a romantic
intimacy relationship or confined to sexual activity only. Being sexually intimate does not
mean that penetrative sex has to take place
Sexualisation Cartoons that use gender and sexual stereotypes to produce characters that
of cartoon epitomise idealised body shapes and sizes, for example cartoons that depict women
images with an unrealistic bust to waist ratio, or that have exaggerated ‘six packs’ drawn
on males. Some cartoons take this a step further, intended for an adult audience,
where cartoon characters are shown engaging in sexually explicit activities. Some
of these cartoons, along with Manga cartoons where childlike characters are
depicted having unlawful sex, are illegal to create, have or sell in the UK
Sexualised Similar to a sexual innuendo but in a written form with the intent to say
slogan something that might otherwise be unacceptable or offensive. Arguments about
this have included the use of the acronym ‘FCUK’ by the clothing company French
Connection UK
Sexual norms Most cultures have social norms that extend to sexuality and define ‘normal
sexuality’ as certain acts between certain people. This does vary between cultures
and it is accepted that ‘normal’ means different things to different people. Societal
attitudes to those not conforming to ‘norms’ has relaxed over the last 30 years,
providing both people are consenting adults and no laws are broken
 Key Vocabulary 49

Sexual Replaced older laws with updated versions and offered greater protection to
Offences Act children from harm. Specifically it redefined rape and sexual assault from the
2003 Sexual Offences Act 1956 and included new offences related to ‘sex tourism’,
which refers to adults travelling overseas specifically to pay for sex3
Sexual The type of sexual, romantic and physical attraction someone feels for another
orientation person, usually based on gender
Skin flick/ A pornographic film
Adult movie
SMSC Spiritual, moral, social and cultural education
education
Social media Websites and applications that enable users to create and share content or to
participate in social networking. This includes Facebook, Instagram and Twitter
SRE Sex and relationships education
STI Sexually transmitted infection (now used in preference to STD, sexually
transmitted disease)
Stereotype A stereotype is a commonly held belief about a person or group of people based
on an assumption or incomplete knowledge, and then widely applied. For example,
all women are bad drivers, all men like football. This can lead to prejudice and
discrimination
Surgical Generally used to describe enhancements to the face or body made through
enhancement surgical intervention. This is also called ‘cosmetic surgery’ ‘plastic surgery’ or
‘invasive treatments’, for example a breast enlargement or reduction, which requires
an anaesthetic and a surgeon, as opposed to ‘non-surgical interventions’. These tend
to describe things which are less likely to be permanent, for example fillers, skin
peels and Botox, which can be done outside an operating theatre in a beauty salon
by a trained beauty therapist rather than by a medically qualified professional
Transgender Someone who feels that their gender identity (their sense of themselves as a boy or
girl) is not a complete match with the sex they were assigned at birth4
Unclassified A film that has not been classified by the British Board of Film Classification.
porn film Porn films are usually classified as R18, meaning that they are only legally sold to
those aged 18 or over
Vagina The muscular tube leading from the external genitals to the cervix in women and
most female mammals5
Values and A value is the worth or importance a person attaches to something. An attitude
attitudes is the way someone expresses or applies their values, usually through words
and/or behaviour

12 3

3 To read the Act in full go to www.legislation.gov.uk/ukpga/2003/42/pdfs/ukpga_20030042_en.pdf

4 www.bbc.co.uk/programmes/articles/XZjhcLhQW08Ylw5b0p9xgH/gender-dysphoria-transgender
5 Definition taken from www.oxforddictionaries.com
Exploring the Variety of Random
Documents with Different Content
declared that he would sooner or later have him, the Talmud, put to
death by the hangman![48]
For the benefit of the average reader as well as to illuminate the
general subject, a short description of the Talmud will be given.
Definition.—Many attempts have been made to define the Talmud,
but all definition of this monumental literary production is necessarily
inaccurate and incomplete because of the vastness and peculiarity of
the matter treated. To describe it as an encyclopedia of the life and
literature, law and religion, art and science of the Hebrew people
during a thousand years would convey only an approximately correct
idea of its true meaning, for it is even more than the foregoing
descriptive terms would indicate. Emanuel Deutsch in his brilliant
essay on the Talmud defines it as "a Corpus Juris, an encyclopedia of
law, civil and penal, ecclesiastical and international, human and
divine. It is a microcosm, embracing, even as does the Bible, heaven
and earth. It is as if all the prose and poetry, the science, the faith
and speculation of the Old World were, though only in faint
reflections, bound up in it in nuce."
Benny describes it as "the Talmud—that much maligned and even
more misunderstood compilation of the rabbins; that digest of what
Carlyle would term allerlei-wissenschaften; which is at once the
compendium of their literature, the storehouse of their tradition, the
exponent of their faith, the record of their acquirements, the
handbook of their ceremonials and the summary of their legal code,
civil and penal."
To speak of the Talmud as a book would be inaccurate. It is a small
library, or collection of books. "Modern editions of the Talmud,
including the most important commentaries, consist of about 3,000
folio sheets, or 12,000 folio pages of closely printed matter, generally
divided into twelve or twenty volumes. One page of Talmudic
Hebrew intelligibly translated into English would cover three pages;
the translation of the whole Talmud with its commentaries would
accordingly make a library of 400 volumes, each numbering 360
octavo pages."[49]
It would be well to bear in mind that the contents of the Talmud
were not proclaimed to the world by any executive, legislative, or
judicial body; that they were not the result of any resolution or
mandate of any congregation, college, or Sanhedrin; that they were
not, in any case, formal or statutory. They were simply a great mass
of traditionary matter and commentary transmitted orally through
many centuries before being finally reduced to writing. Rabbinism
claims for these traditions a remote antiquity, declaring them to be
coeval with the proclamation of the Decalogue. Many learned
doctors among the Jews ascribe this antiquity to the whole mass of
traditional laws. Others maintain that only the principles upon which
Rabbinic interpretation and discussion are based, can be traced back
so far. But it is certain that distinct traditions are to be found at a
very early period in the history of the children of Israel, and that on
their return from Babylonian captivity these traditions were delivered
to them by Ezra and his coadjutors of the Great Assembly.
This development of Hebrew jurisprudence along lines of written and
oral law, Pentateuch and Talmud, Mosaic ordinance and time-
honored tradition, seems to have followed in obedience to a general
principle of juristic growth. Lex scripta and lex non scripta are
classical Roman terms of universal application in systems of
enlightened jurisprudence. A charter, a parchment, a marble column,
a table of stone, a sacred book, containing written maxims defining
legal rights and wrongs are the beginnings of all civilized schemes of
justice. Around these written, fundamental laws grow and cluster the
race traditions of a people which attach themselves to and become
inseparable from the prime organic structure. These oral traditions
are the natural and necessary products of a nation's growth and
progress. The laws of the Medes and Persians, at once unalterable
and irrevocable, represent a strange and painful anomaly in the
jurisprudence of mankind. No written constitution, incapable of
amendment and subject to strict construction, can long survive the
growth and expansion of a great and progressive people. The ever-
changing, perpetually evolving forms of social, commercial, political,
and religious life of a restless, marching, ambitious race, necessitate
corresponding changes and evolutions in laws and constitutions.
These necessary legal supplements are as varied in origin as are the
nations that produce them. Magna Charta, wrung from John at
Runnymede, became the written basis of English law and freedom,
and around it grew up those customs and traditions that—born on
the shores of the German Ocean, transplanted to the Isles of Britain,
nurtured and developed through a thousand years of judicial
interpretation and application—became the great basic structure of
the Common Law of England.
What the Mosaic Code was to the ancient Hebrews, what Magna
Charta is to Englishmen, the Koran is to Mahometans: the written
charter of their faith and law. Surrounding the Koran are many
volumes of tradition, made up of the sayings of Mahomet, which are
regarded as equally sacred and authoritative as the Koran itself.
These volumes of Mahometan tradition are called the Sonna and
correspond to the Talmud of the Hebrews. An analysis of any great
system of jurisprudence will reveal the same natural arrangement of
written and oral law as that represented by the Pentateuch and the
Talmud of the Jews.
The word "Talmud" has various meanings, as it appears in Hebrew
traditional literature. It is an old scholastic term, and "is a noun
formed from the verb 'limmed'='to teach.' It therefore means,
primarily, 'teaching,' although it denotes also 'learning'; it is
employed in this latter sense with special reference to the Torah, the
terms 'Talmud' and 'Torah' being usually combined to indicate the
study of the Law, both in its wider and its more restricted sense."[50]
It is thus frequently used in the sense of the word "exegesis,"
meaning Biblical exposition or interpretation. But with the
etymological and restricted, we are not so much interested as with
the popular and general signification of the term "Talmud." Popularly
used, it means simply a small collection of books represented by two
distinct editions handed down to posterity by the Palestinian and
Babylonian schools during the early centuries of the Christian era.
Divisions of the Talmud.—The Talmud is divided into two component
parts: the Mishna, which may be described as the text; and the
Gemara, which may be termed the commentary.[51] The Mishna,
meaning tradition, is almost wholly law. It was, indeed, of old,
translated as the Second or Oral Law—the δευτέρωσιϛ—to
distinguish it from the Written Law delivered by God to Moses. The
relationship between the Mishna, meaning oral law, and the Gemara,
meaning commentary, may be illustrated by a bill introduced into
Congress and the debates which follow. In a general way, the bill
corresponds to the Mishna, and the debates to the Gemara. The
distinction, however, is that the law resulting from the passage of
the bill is the effect and culmination of the debate; while the Mishna
was already law when the Gemara or commentary was made.
As we have seen above, Hebrew jurisprudence in its principles and
in the manner of their interpretation was chiefly transmitted by the
living voice of tradition. These laws were easily and safely handed
down from father to son through successive generations as long as
Jewish nationality continued and the Temple at Jerusalem still stood.
But, with the destruction of the Temple and the banishment of the
Jews from Palestine (A.D. 70), the danger became imminent that in
the loss of their nationality would also be buried the remembrance of
their laws. Moved with pity and compassion for the sad condition of
his people, Judah the Holy, called Rabbi for preëminence, resolved to
collect and perpetuate for them in writing their time-honored
traditions. His work received the name Mishna, the same which we
have discussed above. But it must not be imagined that this work
was the sudden or exclusive effort of Rabbi Judah. His achievement
was merely the sum total and culmination of the labors of a long line
of celebrated Hebrew sages. "The Oral Law had been recognized by
Ezra; had become important in the days of the Maccabees; had been
supported by Pharisaism; narrowed by the school of Shammai,
codified by the school of Hillel, systematized by R. Akiba, placed on
a logical basis by R. Ishmael, exegetically amplified by R. Eliezer, and
constantly enriched by successive rabbis and their schools. Rabbi
Judah put the coping-stone to the immense structure."[52]
Emanuel Deutsch gives the following subdivisions of the Mishna:
The Mishna is divided into six sections. These are subdivided
again into 11, 12, 7, 9 (or 10), 11, and 12 chapters,
respectively, which are further broken up into 524
paragraphs. We shall briefly describe their contents:
Section I. Seeds: of Agrarian Laws, commencing with a
chapter on Prayers. In this section, the various tithes and
donations due to the Priests, the Levites, and the poor, from
the products of the lands, and further the Sabbatical year and
the prohibited mixtures in plants, animals, garments, are
treated of.
Section II. Feasts: of Sabbaths, Feast, and Fast days, the
work prohibited, the ceremonies ordained, the sacrifices to be
offered, on them. Special chapters are devoted to the Feast of
the Exodus from Egypt, to the New Year's Day, to the Day of
Atonement (one of the most impressive portions of the whole
book), to the Feast of Tabernacles and to that of Haman.
Section III. Women: of betrothal, marriage, divorce, etc., also
of vows.
Section IV. Damages: including a great part of the civil and
criminal law. It treats of the law of trover, of buying and
selling, and the ordinary monetary transactions. Further, of
the greatest crime known to the law, viz., idolatry. Next of
witnesses, of oaths, of legal punishments, and of the
Sanhedrin itself. This section concludes with the so-called
"Sentences of the Fathers," containing some of the sublimest
ethical dicta known in the history of religious philosophy.
 Section V. Sacred Things: of sacrifices, the first-born, etc.;
also of the measurements of the Temple (Middoth).
Section VI. Purifications: of the various levitical and other
hygienic laws, of impure things and persons, their
purification, etc.[53]
Recensions.—The Talmud exists in two recensions: the Jerusalem
and the Babylonian. These two editions represent a double Gemara;
the first (Jerusalem) being an expression of the schools in Palestine
and redacted at Tiberias about 390 A.D.; the second (Babylonian)
being an expression of the schools in Babylonia and redacted about
365-427 A.D.
The Mishna, having been formed into a code, became in its turn
what the Pentateuch had been before it, a basis of discussion and
development. The Gemara of the Jerusalem Talmud embodies the
critical discussions and disquisitions on the Mishna by hundreds of
learned doctors who lived in Palestine, chiefly in Galilee, from the
end of the second till about the middle of the fifth century of the
Christian era. The Gemara of the Babylonian Talmud embodies the
criticisms and dissertations on the same Mishna of numerous learned
doctors living in various places in Babylonia, but chiefly those of the
two great schools of Sura and Pumbaditha.[54] The Babylonian
Talmud is written in "West Aramæan," is the product of six or seven
generations of constant development, and is about four times as
large as that of the Jerusalem Talmud, which is written in "East
Aramæan."[55] It should be kept clearly before the mind that the
only difference between these two recensions is in the matter of
commentary. The two sets of doctors whose different commentaries
distinguish the two Talmuds dealt with the same Mishna as a basis of
criticism. But decided differences are noticeable in the subject
matter and style of the two Gemaras represented by the two
recensions of the Talmud. The discussions and commentaries in the
Jerusalem Talmud are simple, brief, and pointed; while those of the
Babylonian Talmud are generally subtle, abstruse, and prolix. The
dissertations in the Jerusalem Talmud are filled to overflowing with
archæology, geography, and history, while the Babylonian Talmud is
more marked by legal and religious development.
But the reader should not form a wrong impression of the contents
of the Talmud. They are a blending of the oral law of the Mishna and
the notes and comments of the sages. The characteristics of both
the editions are legal and religious, but a multitude of references are
made in each to things that have no connection with either religion
or law. "The Talmud does, indeed, offer us a perfect picture of the
cosmopolitanism and luxury of those final days of Rome, such as but
few classical or postclassical writings contain. We find mention made
of Spanish fish, of Cretan apples, Bithynian cheese, Egyptian lentils
and beans, Greek and Egyptian pumpkins, Italian wine, Median beer,
Egyptian Zyphus; garments imported from Pelusium and India, shirts
from Cilicia, and veils from Arabia. To the Arabic, Persian, and Indian
materials contained, in addition to these, in the Gemara, a bare
allusion may suffice. So much we venture to predict, that when once
archæological and linguistic science shall turn to this field, they will
not leave it again soon."
Relation of Talmud to Mishna.—The relation of the Talmud, used in
the popular sense, to the Mishna, raises the question of the relation
of the whole to one of its parts. The varying meanings of Mishna,
Gemara, and Talmud very easily confuse the ordinary reader. If these
terms are considered separately in the order in which they appear in
the preceding sentence, simple mathematical addition will greatly aid
in elucidating matters. The Mishna is a vast mass of tradition or oral
law which was finally reduced to writing about the close of the
second century of the Christian era. The Gemara is the Rabbinical
exposition of the meaning of the Mishna. The Talmud is the sum of
the Mishna plus the Gemara. In other words, the Talmud is the
elaboration or amplification of the Mishna by manifold
commentaries, designated as the Gemara. It frequently happens
that the Talmud and the Mishna appear in the same sentence as
terms designating entirely different things. This association in a
different sense inevitably breeds confusion, unless we pause to
consider that the Mishna has a separate existence from the Talmud
and a distinct recension of its own. In this state it is simply a naked
code of laws. But when the Gemara has been added to it the Talmud
is the result, which, in its turn, becomes a distinct entity and may be
referred to as such in the same sentence with the Mishna.
Relation of Talmud to Pentateuch.—As before suggested, the
Pentateuch, or Mosaic Code, was the Written Law and the very
foundation of ancient Hebrew jurisprudence. The Talmud, composed
of the Mishna, i.e., Tradition, and the Gemara, i.e., Commentary, was
the Oral Law, connected with, derived from, and built upon the
Written Law. It must be remembered that the commonwealth of the
Jews was a pure theocracy and that all law as well as all religion
emanated directly or indirectly from Jehovah. This was as true of
Talmudic tradition as of Mosaic ordinance. Hillel, who interpreted
tradition, was as much inspired of God as was Moses when he
received the Written Law on Sinai. Emanuel Deutsch is of the opinion
that from the very beginning of the Mosaic law there must have
existed a number of corollary laws which were used to interpret and
explain the written rules; that, besides, there were certain
enactments of the primitive Council of the Desert, and certain
verdicts issued by the later "judges within the gates"—all of which
entered into the general body of the Oral Law and were transmitted
side by side with the Written Law through the ages.[56] The fourth
book of Ezra, as well as other Apocryphal writings, together with
Philo and certain of the Church Fathers, tells us of great numbers of
books that were given to Moses at the same time that he received
the Pentateuch. These writings are doubtless the source of the
popular belief among the Jews that the traditional laws of the
Mishna had existed from time immemorial and were of divine origin.
"Jewish tradition traces the bulk of the oral injunctions, through a
chain of distinctly named authorities, to 'Sinai itself.' It mentions in
detail how Moses communicated those minutiæ of his legislation, in
which he had been instructed during the mysterious forty days and
nights on the Mount, to the chosen guides of the people, in such a
manner that they should forever remain engraven on the tablets of
their hearts."[57] This direct descent of the Oral Law from the Sacred
Mount itself would indicate an independent character and authority.
Nevertheless, Talmudic interpretation of tradition professed to
remain always subject to the Mosaic Code; to be built upon, and to
derive its highest inspiration from it. But, as a matter of fact, while
claiming theoretically to be subordinate to it, the Talmud finally
superseded and virtually displaced the Pentateuch as a legal and
administrative code. This was the inevitable consequence and effect
of the laws of growth and progress in national existence. Altered
conditions of life, at home and in exile, necessitated new rules of
action in the government of the Jewish commonwealth. The Mosaic
Code was found inadequate to the ever-changing exigencies of
Hebrew life. As a matter of fact, Moses laid down only general
principles for the guidance of Hebrew judges. He furnished the body
of the law, but a system of legal procedure was wholly wanting. The
Talmud supplied the deficiency and completed a perfect whole.
While yet in the Wilderness, Moses commanded the Israelites to
establish courts and appoint judges for the administration of justice
as soon as they were settled in Palestine.[58] This clearly indicates
that the great lawgiver did not intend his ordinances and injunctions
to be final and exclusive. Having furnished a foundation for the
scheme, he anticipated that the piety, judgment, and learning of
subsequent ages would do the rest. His expectations were fulfilled in
the development of the traditions afterwards embodied in the
Mishna, which is the principal component part of the Talmud.
As before suggested, with the growth in population and the ever-
increasing complications in social, political, and religious life, and
with the general advance in Hebrew civilization, Mosaic injunction
began to prove entirely inadequate to the national wants. In the
time intervening between the destruction of the first and second
Temples, a number of Mosaic laws had become utter anachronisms;
others were perfectly impracticable, and several were no longer even
understood. The exigencies of an altered mode of life and the
changed conditions and circumstances of the people rendered
imperative the enactment of new laws unknown to the Pentateuch.
But the divine origin of the Hebrew system of law was never for a
moment forgotten, whatever the change and wherever made. The
Rabbins never formally repealed or abolished any Mosaic enactment.
They simply declared that it had fallen into desuetude. And, in
devising new laws rendered necessary by changed conditions of life
they invariably invoked some principle or interpretation of the
Written Law.
In the declining years of Jewish nationality, many characteristic laws
of the Pentateuch had become obsolete. The ordinance which
determined the punishment of a stubborn and rebellious son; the
enactment which commanded the destruction of a city given to
idolatry; and, above all, the lex talionis had become purely matters
of legend. On the other hand, many new laws appear in the Talmud
of which no trace whatever can be discovered in the Pentateuch.
"The Pharisees," says Josephus, "have imposed upon the people
many laws taken from the tradition of the Fathers, which are not
written in the law of Moses."[59] The most significant of these is the
one providing for Antecedent Warning in criminal prosecutions, the
meaning and purpose of which will be fully discussed in another
chapter.
Vicissitudes of the Talmud.—An old Latin adage runs: "Habent sua
fata libelli."[60] (Even books are victims of fate). This saying is
peculiarly applicable to the Talmud, which has had, in a general way,
the same fateful history as the race that created it. Proscription,
exile, imprisonment, confiscation, and burning was its lot throughout
the Middle Ages. During a thousand years, popes and kings vied
with each other in pronouncing edicts and hurling anathemas
against it. During the latter half of the sixteenth century it was
burned not fewer than six different times by royal or papal decree.
Whole wagonloads were consigned to the flames at a single burning.
In 1286, in a letter to the Archbishop of Canterbury, Honorius IV
described the Talmud as a "damnable book" (liber damnabilis), and
vehemently urged that nobody in England be permitted to read it,
since "all other evils flow out of it."[61] On New Year's day, 1553,
numerous copies of the Talmud were burned at Rome in compliance
with a decree of the Inquisition. And, as late as 1757, in Poland,
Bishop Dembowski, at the instigation of the Frankists, convened a
public assembly at Kamenetz-Podolsk, which decreed that all copies
of the Talmud found in the bishopric should be confiscated and
burned by the hangman.[62]
Of the two recensions, the Babylonian Talmud bore the brunt of
persecution during all the ages. This resulted from the fact that the
Jerusalem Talmud was little read after the closing of the Jewish
academies in Palestine, while the Babylonian Talmud was the
popular edition of eminent Jewish scholars throughout the world.
It is needless to say that the treatment accorded the venerable
literary compilation was due to bitter prejudice and crass ignorance.
This is well illustrated by the circumstance that when, in 1307,
Clement V was asked to issue a bull against the Talmud, he declined
to do so, until he had learned something about it. To his amazement
and chagrin, he could find no one who could throw any light upon
the subject. Those who wished it condemned and burned were
totally ignorant of its meaning and contents. The surprise and
disgust of Clement were so great that he resolved to found three
chairs in Hebrew, Arabic, and Chaldee, the three tongues nearest the
idiom of the Talmud. He designated the Universities of Paris,
Salamanca, Bologna, and Oxford as places where these languages
should be taught, and expressed the hope that, in time, one of these
universities might be able to produce a translation of "this
mysterious book."[63] It may be added that these plans of the Pope
were never consummated.
The Message and Mission of the Talmud.—To appreciate the
message and mission of the Talmud, its contents must be viewed
and contemplated in the light of both literature and history. As a
literary production it is a masterpiece—strange, weird, and unique—
but a masterpiece, nevertheless. It is a sort of spiritual and
intellectual cosmos in which the brain growth and soul burst of a
great race found expression during a thousand years. As an
encyclopedia of faith and scholarship it reveals the noblest thoughts
and highest aspirations of a divinely commissioned race. Whatever
the master spirits of Judaism in Palestine and Babylon esteemed
worthy of thought and devotion was devoted to its pages. It thus
became a great twin messenger, with the Bible, of Hebrew
civilization to all the races of mankind and to all the centuries yet to
come. To Hebrews it is still the great storehouse of information
touching the legal, political, and religious traditions of their fathers in
many lands and ages. To the Biblical critic of any faith it is an
invaluable help to Bible exegesis. And to all the world who care for
the sacred and the solemn it is a priceless literary treasure.
As an historical factor the Talmud has only remotely affected the
great currents of Gentile history. But to Judaism it has been the
cementing bond in every time of persecution and threatened
dissolution. It was carried from Babylon to Egypt, northern Africa,
Spain, Italy, France, Germany, and Poland. And when threatened
with national and race destruction, the children of Abraham in every
land bowed themselves above its sacred pages and caught
therefrom inspiration to renewed life and higher effort. The Hebrews
of every age have held the Talmud in extravagant reverence as the
greatest sacred heirloom of their race. Their supreme affection for it
has placed it above even the Bible. It is an adage with them that,
"The Bible is salt, the Mischna pepper, the Gemara balmy spice," and
Rabbi Solomon ben Joseph sings:

"The Kabbala and Talmud hoar

Than all the Prophets prize I more;
For water is all Bible lore,
But Mischna is pure wine."

More than any other human agency has the Talmud been
instrumental in creating that strangest of all political phenomena—a
nation without a country, a race without a fatherland.
 CHAPTER II
HEBREW CRIMINAL LAW—CRIMES AND
PUNISHMENTS
apital crimes, under Hebrew law, were classified by
Maimonides according to their respective penalties. His
arrangement will be followed in this chapter.[64]
Hebrew jurisprudence provided four methods of capital
punishment: (1) Beheading; (2) Strangling; (3) Burning;
(4) Stoning.
Crucifixion was unknown to Hebrew law. This cruel and loathsome
form of punishment will be fully discussed in the second volume of
this work.
Thirty-six capital crimes are mentioned by the Pentateuch and the
Talmud.
Beheading was the punishment for only two crimes:

(1) Murder.
(2) Communal apostasy from Judaism to idolatry.

Strangling was prescribed for six offenses:

(1) Adultery.
(2) Kidnaping.
(3) False prophecy.
(4) Bruising a parent.
(5) Prophesying in the name of heathen deities.
 (6) Maladministration (the "Rebellious Elder").

Burning was the death penalty for ten forms of incest—criminal

commerce:

(1) With one's own daughter.

(2) With one's own son's daughter.
(3) With one's own daughter's daughter.
(4) With one's own stepdaughter.
(5) With one's own stepson's daughter.
(6) With one's own stepdaughter's daughter.
(7) With one's own mother-in-law.
(8) With one's own mother-in-law's mother.
(9) With one's own father-in-law's mother.
(10) With a priest's daughter.[65]

Stoning was the penalty for eighteen capital offenses:

(1) Magic.
(2) Idolatry.
(3) Blasphemy.
(4) Pythonism.
(5) Pederasty.
(6) Necromancy.
(7) Cursing a parent.
(8) Violating the Sabbath.
(9) Bestiality, practiced by a man.
(10) Bestiality, practiced by a woman.
(11) Sacrificing one's own children to Moloch.
(12) Instigating individuals to embrace idolatry.
(13) Instigating communities to embrace idolatry.
(14) Criminal conversation with one's own mother.
 (15) Criminal conversation with a betrothed virgin.
(16) Criminal conversation with one's own stepmother.
(17) Criminal conversation with one's own daughter-in-law.
(18) Violation of filial duty (making the "Prodigal Son").[66]

The crime of false swearing requires special notice. This offense

could not be classified under any of the above subdivisions because
of its peculiar nature. The Mosaic Code ordains in Deut. xix. 16-21:
"If a false witness rise up against any man to testify against him that
which is wrong ... and, behold, if the witness be a false witness, and
hath testified falsely against his brother; then shall ye do unto him,
as he had thought to have done unto his brother ... and thine eye
shall not pity, but life shall go for life, eye for eye, tooth for tooth,
hand for hand, foot for foot." Talmudic construction of this law
awarded the same kind of death to him who had sworn falsely
against his brother that would have been meted out to the alleged
criminal, if the testimony of the false swearer had been true.
Imprisonment, as a method of punishment, was unknown to the
Mosaic Code. Leviticus xxiv. 12 and Numbers xv. 34 seem to indicate
the contrary; but the imprisonment therein mentioned undoubtedly
refers to the mere detention of the prisoner until sentence could be
pronounced against him. Imprisonment as a form of punishment
was a creation of the Talmudists who legalized its application among
the Hebrews. According to Mendelsohn, five different classes of
offenders were punished by imprisonment:
(1) Homicides; whose crime could not be legally punished with
death, because some condition or other, necessary to produce a
legal conviction, had not been complied with.
(2) Instigators to or procurers of murder; such, for instance, as had
the deed committed by the hands of a hireling.
(3) Accessories to loss of life, as, for instance, when several persons
had clubbed one to death, and the court could not determine the
one who gave the death blow.
(4) Persons who having been twice duly condemned to and punished
with flagellation for as many transgressions of one and the same
negative precept, committed it a third time.
(5) Incorrigible offenders, who, on each of three occasions, had
failed to acknowledge as many warnings antecedent to the
commission of one and the same crime, the original penalty for
which was excision.[67]
Flagellation is the only corporal punishment mentioned by the
Pentateuch. The number of stripes administered were not to exceed
forty and were to be imposed in the presence of the judges.[68]
Wherever the Mosaic Code forbade an act, or, in the language of the
sages, said "Thou shalt not," and prescribed no other punishment or
alternative, a Court of Three might impose stripes as the penalty for
wrongdoing. Mendelsohn gives the following classification:
Flagellation is the penalty of three classes of offenses:
(1) The violation of a negative precept, deadly in the sight of
heaven.
(2) The violation of any negative precept, when accomplished by
means of a positive act.
(3) The violation of any one of the prohibitive ordinances punishable,
according to the Mosaic law with excision, to which, however, no
capital punishment at the instance of a human tribunal is attached.
[69]

The Mishna enumerates fifty offenses punishable by stripes, but this

enumeration is evidently incomplete. Maimonides gives a full
classification of all the offenses punishable by flagellation, the
number of which he estimates to be two hundred and seven. The
last three in his list are cases in which the king takes too many
wives, accumulates too much silver or gold, or collects too many
horses.[70]
Slavery was the penalty for theft under ancient Hebrew law. This is
the only case where the Mosaic law imposed slavery upon the culprit
as a punishment for his crime; and a loss of liberty followed only
where the thief was unable to make the prescribed restitution.
Exodus xxii. 1-3 says:
If a man shall steal an ox, or a sheep, and kill it, or sell it, he
shall restore five oxen for an ox, and four sheep for a sheep
... if he have nothing, then he shall be sold for his theft.
Penal servitude, or slavery, was imposed only on men, never on
women. Slavery, as a penalty for theft, was limited to a period of six
years in obedience to the Mosaic ordinance laid down in Exodus xxi.
2.
If thou buy a Hebrew servant, six years he shall serve: and in
the seventh, he shall go free for nothing.
It should be remarked, in this connection, that slavery, as a
punishment for crime, carried with it none of the odium and
hardship usually borne by the slave. The humanity of Hebrew law
provided that the culprit, thief though he was, should not be
degraded or humiliated. He could be compelled to do work for his
master, such as he had been accustomed to do while free, but was
relieved by the law from all degrading employment, such as
"attending the master to the bath, fastening or unfastening his
sandals, washing his feet, or any other labor usually performed by
the regular slave." Hebrew law required such kindly treatment of the
convict thief by his master that this maxim was the result: "He who
buys a Hebrew slave, buys himself a master."
Internment in a city of refuge was the punishment for accidental
homicide. Mischance or misadventure, resulting in the slaying of a
fellow-man, was not, properly speaking, a crime; nor was exile in a
city of refuge considered by the Talmudists a form of punishment.
But they are so classified by most writers on Hebrew criminal law.
Among nearly all ancient nations there was a place of refuge for the
unfortunate and downtrodden of the earth; debtors, slaves,
criminals, and political offenders; some sacred spot—an altar, a
grave, or a sanctuary dedicated and devoted to some divinity who
threw about the hallowed place divine protection and inviolability.
Such was at Athens the Temple of Theseus, the sanctuary of slaves.
It will be remembered that the orator Demosthenes took refuge in
the Temple of Poseidon as a sanctuary, when pursued by emissaries
of Antipater and the Macedonians.[71] Among the ancient Hebrews,
there were six cities of refuge; three on either side of the Jordan.
They were so located as to be nearly opposite each other. Bezer in
Reuben was opposite Hebron in Judah; Schechem in Ephraim was
opposite to Ramoth in Gad; and Golan in Manasseh was opposite to
Kedesh in Naphtali.[72] Highways in excellent condition led from one
to the other. Signposts were placed at regular intervals to indicate
the way to the nearest city of refuge. These cities were designated
by the law as asylums or sanctuaries for the protection of innocent
slayers of their fellow-men from the "avenger of blood." Among
nearly all primitive peoples of crude political development, such as
the early Germans, the ancient Greeks and Slavs, certain North
American savage tribes and the modern Arabs, Corsicans and
Sicilians, the right of private vengeance was and is taught and
tolerated. Upon the "next of kin," the "avenger of blood," devolved
the duty of hunting down and slaying the guilty man. Cities of refuge
were provided by Mosaic law for such an emergency among the
Hebrews. This provision of the Mosaic Code doubtless sprang from a
personal experience of its founder. Bible students will remember that
Moses slew an Egyptian and was compelled to flee in consequence.
[73] Remembering his dire distress on this occasion, the great
lawgiver was naturally disposed to provide sanctuaries for others
similarly distressed. But the popular notion of the rights of sanctuary
under the Mosaic law is far from right. That a common murderer
could, by precipitate flight, reach one of the designated places and
be safe from his pursuers and the vengeance of the law, is thought
by many. The observation of Benny on this point is apt and lucid:
 Internment in one of the cities of refuge was not the
scampering process depicted in the popular engraving: a man
in the last stage of exhaustion at the gate of an Eastern
town; his pursuers close upon him, arrows fixed and bows
drawn; his arms stretched imploringly towards a fair Jewish
damsel, with a pitcher gracefully poised upon her head. This
may be extremely picturesque, but it is miserably unlike the
custom in vogue among the later Hebrews. Internment in a
city of refuge was a sober and judicial proceeding. He who
claimed the privilege was tried before the Sanhedrin like any
ordinary criminal. He was required to undergo examination;
to confront witnesses, to produce evidence, precisely as in
the case of other offenders. He had to prove that the
homicide was purely accidental; that he had borne no malice
against his neighbor; that he had not lain in wait for him to
slay him. Only when the judges were convinced that the
crime was homicide by misadventure was the culprit
adjudged to be interned in one of the sheltering cities. There
was no scurrying in the matter; no abrupt flight; no hot
pursuit, and no appeal for shelter. As soon as judgment was
pronounced the criminal was conducted to one of the
appointed places. He was accompanied the whole distance by
two talmide-chachamin-disciples of the Rabbins. The
avengers of the blood dared not interfere with the offender
on the way. To slay him would have been murder, punishable
with death.
Execution of Capital Sentences. (1) Beheading.—The Hebrews
considered beheading the most awful and ignominious of all forms of
punishment. It was the penalty for deliberate murder and for
communal apostasy from Judaism to idolatry, the most heinous
offenses against the Hebrew theocracy. Beheading was accomplished
by fastening the culprit securely to a post and then severing his
head from his body by a stroke with a sword.[74]
(2) Strangling.—The capital punishment of strangling was effected
by burying the culprit to his waist in soft mud, and then tightening a
cord wrapped in a soft cloth around his neck, until suffocation
ensued.[75]
(3) Burning.—The execution of criminals by burning was not done by
consuming the living person with fire, as was practiced in the case of
heretics by prelates in the Middle Ages and in the case of white
captives by savages in colonial days in America. Indeed, the term
"burning" seems to be a misnomer in this connection, for the culprit
was not really burned to death. He was simply suffocated by
strangling. As in the case of strangling, the condemned man was
placed in a pit dug in the ground. Soft dirt was then thrown in and
battered down, until nothing but his head and chest protruded. A
cord, wrapped in a soft cloth, was then passed once around his
neck. Two strong men came forward, grasped each an end, and
drew the cord so hard that suffocation immediately followed. As the
lower jaw dropped from insensibility and relaxation, a lighted wick
was quickly thrown into his mouth. This constituted the burning.[76]
There is authority for the statement that instead of a lighted wick,
molten lead was poured down the culprit's throat.[77]
(4) Stoning.—Death by stoning was accomplished in the following
manner: The culprit was taken to some lofty hill or eminence, made
to undress completely, if a man, and was then precipitated violently
to the ground beneath. The fall usually broke the neck or dislocated
the spinal cord. If death did not follow instantaneously the witnesses
hurled upon his prostrate body heavy stones until he was dead. If
the first stone, so heavy as to require two persons to carry it, did not
produce death, then bystanders threw stones upon him until death
ensued. Here, again, "stoning" to death is not strictly accurate.
Death usually resulted from the fall of the man from the platform,
scaffold, hill, or other elevation from which he was hurled. It was
really a process of neck-breaking, instead of stoning, as burning was
a process of suffocation, instead of consuming with fire.
These four methods of execution—beheading, strangling, burning,
and stoning—were the only forms of capital punishment known to
the ancient Hebrews. Crucifixion was never practiced by them; but a
posthumous indignity, resembling crucifixion, was employed as an
insult to the criminal, in the crimes of idolatry and blasphemy. In
addition to being stoned to death, as a punishment for either of
these crimes, the dead body of the culprit was then hanged in public
view as a means of rendering the offense more hideous and the
death more ignominious. This hanging to a tree was in obedience to
a Mosaic ordinance contained in Deut. xxi. 22. The corpse was not
permitted, however, to remain hanging during the night.
The burial of the dead body of the criminal immediately followed
execution, but interment could not take place in the family burial
ground. Near each town in ancient Palestine were two cemeteries; in
one of them were buried those criminals who had been executed by
beheading or strangling; in the other were interred those who had
been put to death by stoning or burning. The bodies were required
to remain, thus buried, until the flesh had completely decayed and
fallen from the bone. The relatives were then permitted to dig up the
skeletons and place them in the family sepulchers.
 CHAPTER III
HEBREW CRIMINAL LAW—COURTS AND
JUDGES
HE Hebrew tribunals were three in kind: the Great
Sanhedrin; the Minor Sanhedrin; and the Lower
Tribunal, or the Court of Three.
The Great Sanhedrin, or Grand Council, was the high
court of justice and the supreme tribunal of the Jews. It
sat at Jerusalem. It numbered seventy-one members. Its powers
were legislative, executive, and judicial. It exercised all the functions
of education, of government, and of religion. It was the national
parliament of the Hebrew Theocracy, the human administrator of the
divine will. It was the most august tribunal that ever interpreted or
administered religion to man.
The Name.—The word "Sanhedrin" is derived from the Greek
(συνέδριον) and denotes a legislative assembly or an ecclesiastical
council deliberating in a sitting posture. It suggests also the gravity
and solemnity of an Oriental synod, transacting business of great
importance. The etymology of the word indicates that it was first
used in the later years of Jewish nationality. Several other names are
also found in history to designate the Great Sanhedrin of the Jews.
The Council of Ancients is a familiar designation of early Jewish
writers. It is called Gerusia, or Senate, in the second book of
Maccabees.[78] Concilium, or Grand Council, is the name found in
the Vulgate.[79] The Talmud designates it sometimes as the Tribunal
of the Maccabees, but usually terms it Sanhedrin, the name most
frequently employed in the Greek text of the Gospels, in the writings
of the Rabbins, and in the works of Josephus.[80]
Origin of the Great Sanhedrin.—The historians are at loggerheads as
to the origin of the Great Sanhedrin. Many contend that it was
established in the Wilderness by Moses, who acted under divine
commission recorded in Numbers xi. 16, 17: "Gather unto me
seventy of the elders of Israel, whom thou knowest to be the elders
of the people, and officers of them; and bring them unto the
tabernacle of the congregation, that they may stand with thee; and I
will take of the Spirit that is upon thee and will put it upon them;
and they shall bear the burden of the people with thee, that thou
bearest it not alone." Over the seventy elders, Moses is said to have
presided, making seventy-one, the historic number of the Great
Sanhedrin. Several Christian historians, among them Grotius and
Selden, have entertained this view; others equally celebrated have
maintained contrary opinions. These latter contend that the council
of seventy ordained by Moses existed only a short time, having been
established to assist the great lawgiver in the administration of
justice; and that, upon the entrance of the children of Israel into the
Promised Land, it disappeared altogether. The writers who hold this
view contend that if the great assembly organized in the Wilderness
was perpetuated side by side with the royal power, throughout the
ages, as the Rabbis maintained, some mention of this fact would, in
reason, have been made by the Bible, Josephus, or Philo.
The pages of Jewish history disclose the greatest diversity of opinion
as to the origin of the Great Sanhedrin. The Maccabean era is
thought by some to be the time of its first appearance. Others
contend that the reign of John Hyrcanus, and still others that the
days of Judas Maccabeus, marked its birth and beginning. Raphall,
having studied with care its origin and progress, wrote: "We have
thus traced the existence of a council of Zekenim or Elders founded
by Moses, existing in the days of Ezekiel, restored under the name of
Sabay Yehoudai, or Elders of the Jews, under Persian dominion;
Gerusia, under the supremacy of the Greeks; and Sanhedrin under
the Asmonean kings and under the Romans."[81]
Brushing aside mere theory and speculation, one historical fact is
clear and uncontradicted, that the first Sanhedrin Council clothed
with the general judicial and religious attributes of the Great
Sanhedrin of the times of Jesus, was established at Jerusalem
between 170 and 106 B.C.
Organization of the Great Sanhedrin.—The seventy-one members
composing the Great Sanhedrin were divided into three chambers:

The chamber of priests;

The chamber of scribes;
The chamber of elders.

The first of these orders represented the religious or sacerdotal; the

second, the literary or legal; the third, the patriarchal, the
democratic or popular element of the Hebrew population. Thus the
principal Estates of the Commonwealth of Israel were present, by
representation, in the great court and parliament of the nation.
Matthew refers to these three orders and identifies the tribunal that
passed judgment upon Christ: "From that time forth, began Jesus to
shew unto his disciples, how that he must go unto Jerusalem, and
suffer many things of the elders and chief priests and scribes, and
be killed and raised again the third day."[82]
Theoretically, under the Hebrew constitution, the "seventy-one" of
the three chambers were to be equally divided:

Twenty-three in the chamber of priests,

Twenty-three in the chamber of scribes,
Twenty-three in the chamber of elders.

A total of sixty-nine, together with the two presiding officers, would

constitute the requisite number, seventy-one. But, practically, this
arrangement was rarely ever observed. The theocratic structure of
the government of Israel and the pious regard of the people for the
guardians of the Temple, gave the priestly element a predominating
influence from time to time. The scribes, too, were a most vigorous
and aggressive sect and frequently encroached upon the rights and
privileges of the other orders. Abarbanel, one of the greatest of the
Hebrew writers, has offered this explanation: "The priests and
scribes naturally predominated in the Sanhedrin because, not having
like the other Israelites received lands to cultivate and improve, they
had abundant time to consecrate to the study of law and justice, and
thus became better qualified to act as judges."[83]
Qualifications of Members of the Great Sanhedrin.—The following
qualifications were requisite to entitle an applicant to membership in
the Great Sanhedrin:
(1) He must have been a Hebrew and a lineal descendant of Hebrew
parents.[84]
(2) He must have been "learned in the law"; both written and
unwritten.
His legal attainment must have included an intimate acquaintance
with all the enactments of the Mosaic Code, with traditional
practices, with the precepts and precedents of the colleges, with the
adjudications of former courts and the opinions of former judges. He
must have been familiar not only with the laws then actively in force,
but also with those that had become obsolete.[85]
(3) He must have had judicial experience; that is, he must have
already filled three offices of gradually increasing dignity, beginning
with one of the local courts, and passing successively through two
magistracies at Jerusalem.[86]
(4) He must have been thoroughly proficient in scientific knowledge.
The ancient Sanhedrists were required to be especially well
grounded in astronomy and medicine. They were also expected to
be familiar with the arts of the necromancer.[87] We are also led to
believe from the revelations of the Talmud that the judges of Israel
were well versed in the principles of physiology and chemistry, as far
as these sciences were developed and understood in those days.
History records that Rabbi Ismael and his disciples once engaged in
experimental dissection in order to learn the anatomy of the human
frame. On one occasion a deceitful witness tried to impose upon a
Hebrew court by representing spermatic fluid to be the albumen of
an egg. Baba bar Boutah was enabled, from his knowledge of the
elements of chemistry, to demonstrate the fact of fraud in the
testimony of the witness. Eighty disciples of the famous Academy of
Hillel are said to have been acquainted with every branch of science
known in those days.[88]
(5) He must have been an accomplished linguist; that is, he must
have been thoroughly familiar with the languages of the surrounding
nations.
Interpreters were not allowed in Hebrew courts. A knowledge of
several languages was, therefore, indispensable to the candidate
who sought membership in the Great Sanhedrin. "In the case of a
foreigner being called as a witness before a tribunal, it was
absolutely necessary that two members should understand the
language in which the stranger's evidence was given; that two
others should speak to him; while another was required to be both
able to understand and to converse with the witness. A majority of
three judges could always be obtained on any doubtful point in the
interpretation of the testimony submitted to the court. At Bither
there were three Rabbins acquainted with every language then
known, while at Jabneh there were said to be four similarly endowed
with the gift of 'all the tongues.'"[89]
(6) He must have been modest, popular, of good appearance, and
free from haughtiness.[90]
The Hebrew mind conceived modesty to be the natural result of that
learning, dignity, and piety which every judge was supposed to
possess. The qualification of "popularity" did not convey the notion
of electioneering, hobnobbing and familiarity. It meant simply that
the reputation of the applicant for judicial honors was so far above
reproach that his countrymen could and would willingly commit all
their interests of life, liberty, and property to his keeping. By "good
appearance" was meant that freedom from physical blemishes and
defects, and that possession of physical endowments that would
inspire respect and reverence in the beholder. The haughty judge
was supposed to be lacking in the elements of piety and humility
which qualified him for communion with God. Haughtiness,
therefore, disqualified for admission to the Great Sanhedrin.
(7) He must have been pious, strong, and courageous.[91]
Piety was the preëminent qualification of a judge of Israel. Impiety
was the negation of everything Israelitish. Strength and courage are
attributes that all judges in all ages and among all races have been
supposed to possess in order to be just and righteous in their
judgments.
Disqualifications.—Disqualifications of applicants for membership in
the Great Sanhedrin are not less interesting than qualifications. They
are in the main mere negatives of affirmatives which have already
been given, and would seem, therefore, to be superfluous. But they
are strongly accentuated in Hebrew law, and are therefore repeated
here.
(1) A man was disqualified to act as judge who had not, or had
never had, any regular trade, occupation, or profession by which he
gained his livelihood.
The reason for this disqualification was based upon a stringent
maxim of the Rabbins: "He who neglects to teach his son a trade, is
as though he taught him to steal!" A man who did not work and had
never labored in the sweat of his brow for an honest livelihood, was
not qualified, reasoned the Hebrew people, to give proper
consideration or extend due sympathy to the cause of litigants
whose differences arose out of the struggles of everyday life.
(2) In trials where the death penalty might be inflicted, an aged
man, a person who had never had any children of his own, and a
bastard were disqualified to act as judge.
A person of advanced years was disqualified because according to
the Rabbins old age is frequently marked by bad temper; and
"because his years and infirmities were likely to render him harsh,
perhaps obstinate and unyielding." On the other hand, youth was
also a disqualification to sit in the Sanhedrin. According to the
Rabbis, twenty-five years was the age which entitled a person to be
called a Man;[92] but no one was eligible to a seat in the Sanhedrin
until he had reached the age of forty years.[93] The ancient Hebrews
regarded that period as the beginning of discretion and
understanding.
A person without children was not supposed to possess those tender
paternal feelings "which should warm him on behalf of the son of
Israel who was in peril of his life."
The stain of birth and the degradation in character of a bastard were
wholly inconsistent with the high ideals of the qualifications of a
Hebrew judge.
(3) Gamblers, dice players, bettors on pigeon matches, usurers, and
slave dealers were disqualified to act as judges.
The Hebrews regarded gambling, dice playing, betting on pigeon
matches, and other such practices as forms of thievery; and thieves
were not eligible to sit as judges in their courts. No man who was in
the habit of lending money in an usurious manner could be a judge.
It was immaterial whether the money was lent to a countryman or a
stranger. Slave dealers were disqualified to act as judges because
they were regarded as inhuman and unsympathetic.
(4) No man was qualified to be a judge who had dealt in the fruits of
the seventh year.
Such a person was deemed lacking in conscience and unfitted to
perform judicial functions.
(5) No man who was concerned or interested in a matter to be
adjudicated was qualified to sit in judgment thereon.
This is a universal disqualification of judges under all enlightened
systems of justice. The weakness and selfishness of human nature
are such that few men are qualified to judge impartially where their
own interests are involved.
(6) All relatives of the accused man, of whatever degree of
consanguinity, were disqualified from sitting in judgment on his case.
This is only a variation of the disqualification of interest.
(7) No person who would be benefited, as heir, or otherwise, by the
death or condemnation of an accused man, was qualified to be his
judge.
This, too, is a variation of the disqualification of interest.
(8) The king could not be a member of the Sanhedrin.
Royalty disqualified from holding the place of judge because of the
high station of the king and because his exercising judicial functions
might hamper the administration of justice.
And, finally, in closing the enumeration of disqualifications, it may be
added that an election to a seat obtained by fraud or any unfair
means was null and void. No respect was shown for the piety or
learning of such a judge; his judicial mantle was spat upon with
scorn, and his fellow judges fled from him as from a plague or pest.
Hebrew contempt for such a judge was expressed in the maxim:
"The robe of the unfairly elected judge is to be respected not more
than the blanket of an ass."
Officers of the Great Sanhedrin.—Two presiding officers directed the
proceedings of the Great Sanhedrin. One of these, styled prince
(nasi), was the chief and the president of the court. The other,
known as the father of the Tribunal (ab-beth-din), was the vice-
president.
There has been much discussion among the historians as to the
particular chamber from which the president was chosen. Some have
contended that the presidency of the Sanhedrin belonged by right to
the high priest. But the facts of history do not sustain this
contention. Aaron was high priest at the time when Moses was
president of the first Sanhedrin in the Wilderness; and, besides, the
list of presidents preserved by the Talmud reveals the names of
many who did not belong to the priesthood. Maimonides has made
the following very apt observation on the subject: "Whoever
surpassed his colleagues in wisdom was made by them chief of the
Sanhedrin."[94]
According to most Jewish writers, there were two scribes or
secretaries of the Sanhedrin. But several others contend that there
were three. Benny says: "Three scribes were present; one was
seated on the right, one on the left, the third in the center of the
hall. The first recorded the names of the judges who voted for the
acquittal of the accused, and the arguments upon which the
acquittal was grounded. The second noted the names of such as
decided to condemn the prisoner and the reasons upon which the
conviction was based. The third kept an account of both the
preceding so as to be able at any time to supply omissions or check
inaccuracies in the memoranda of his brother reporters."[95]
In addition to these officers, there were still others who executed
sentences and attended to all the police work of legal procedure.
They were called shoterim.[96]
There was no such officer as a public prosecutor or State's attorney
known to the laws of the ancient Hebrews. The witnesses to the
crime were the only prosecutors recognized by Hebrew criminal
jurisprudence; and in capital cases they were the legal executioners
as well.
There was also no such body as the modern Grand Jury known to
ancient Hebrew criminal law. And no similar body of committee of
the Sanhedrin performed the accusatory functions of the modern
Grand Jury. The witnesses were the only accusers, and their
testimony was both the indictment and the evidence. Until they
testified, the man suspected was deemed not only innocent but
unaccused.
The profession of the law, in the modern sense of the term, was no
part of the judicial system of the ancient Hebrews. There were no
advocates as we know them. There were, indeed, men learned in
the law—Pharisees and Sadducees—who knew all the law. There
were doctors of the law: men whom Jesus confounded when a youth
in the Temple at the age of twelve.[97] But there were no lawyers in
the modern sense: professional characters who accept fees and
prosecute cases. The judges and disciples performed all the duties of
the modern attorney and counselor-at-law. The prophets were the
sole orators of Hebrew life, but they were never allowed to appear
as defendants of accused persons. Indeed, they themselves were at
times compelled to play the role of defendants. Jeremiah is an
illustrious example.[98] Both Keim[99] and Geikie[100] speak of a Baal
Rib, a counsel appointed to see that everything possible was done to
secure the rights of an accused person at a Hebrew criminal trial.
But these statements are not in accord with standard works on
ancient Hebrew jurisprudence. Indeed, Friedlieb emphatically denies
that there was any such person as a Baal Rib or Dominus Litis
among the ancient Hebrews.[101] It seems that in the closing years
of Jewish nationality, specially retained advocates were known, for
St. Luke tells us that the Jews employed Tertullus, a certain orator,
to prosecute St. Paul.[102] But this was certainly an exceptional case.
It is historically certain that in the early ages of the Jewish
Commonwealth litigants pleaded their own causes. This we learn
from the case of the two women who appeared before King
Solomon, and laid before him their respective claims to a child.[103]
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