max: I think it would come down to whether a reasonable person would think the material was too detailed for a legitimate church disciplinary purpose and that a paedophile would get off reading it.
If a paedophile will get off on the material is actually irrelevant in determining the exploitation of the child victim. The material produced is always assumed to be expolitative if it does not fall under point (a) of 228E.
Reasonable people have already determined that the investigation into child abuse claims is not necessary or helpful. The guidelines for reporting child abuse (iPreventing Child Sexual Abuse Within Youth-serving Organizations: Getting Started on Policies and Procedures) identifies investigation by volunteers in organizations as harmful to the legal process.
Determining the amount of detail collected in a judical process investigation is not a job for lay persons to be involved in. Any amount of probing for detail is wrong.
defender:.. So are you saying then that legally, any nonprofessional person without the skills to investigate abuse, who asks a child about what happened during abuse and makes any notes is producing child pornography?
Yes, I am.
Notes don't even have to be taken, images don't have to be made. The real, live child is sitting right there. The judicial process itself is a pornographic act all on its own.
There is no need whatsoever to ask a child what happened during the abuse once the child comes forward. No need at all. Once the claim has been made, any attempt by someone to probe for details, other than those trained and authorized to do so, should be seen as illegal. It may be suitable for a parent to privately ask their own child what happened, but under no circumstances should that child be required to give details to an outside person other than a professional. Requiring a child to give testimony to the JW elders should be a crime all by itself - under pornographic laws that pertain to minors.
Any attempt to do so should result in charges of producing pornographic material, regardless of what form that child's experience is preserved in - even just sitting and listening to the child's sexual experiences is pornographic when it is done by non-professionals. Hell, the JW judical system itself allows for a live, real life pornographic experience. No images needed, and no notes needed - it is sitting right there in the room and is delivered through live audio - from the mouth of a minor.
If simply making notes of what has happened in a case of abuse is producing child pornography, how come the JW elders are not right now being charged with producing child pornography?
Not yet. But it doesn't mean they couldn't be.
Once it is established how the judicial process works inside the JWs, it becomes a place from which to move forward on matters of the law.
The wheels of justice grind slowly. But they do grind.