Criminal Law

Sexual offenses against children constitute a significant proportion of all reported criminal sex acts. Rather than playgrounds and schoolyards, cyberspace now provides an easy breeding ground for child sex offenders to engage and meet children. Federal and State criminal courts have seen a rise in the number of cases involving sexual misconduct with minors, cyber-stalking, online pedophilia, and online child pornography.  At an alarming rate, the legal system has seen an increase in the number of new cases involving online pedophilia and paraphilia prosecuted over the past several years. A disturbing number of these cases involve first time offenders with no previous psychiatric or criminal history who meet children via cyberspace.  The individuals are commonly known as "Travelers" and tend to be otherwise law-abiding citizens, active in the community. Forensic evaluations often assess the role of electronic anonymity in the development of deviant, deceptive, and illegal sexual online acts. 

Employment Law

The movement toward classification of Internet addiction as a mental disorder has already been discussed by such organizations as the American Psychiatric Association and the National Council on Alcoholism and Drug Dependence. The growing scientific validity and clinical legitimacy of Internet addiction places corporations who use the Internet in the workplace under significant liability under the Americans with Disabilities Act.  Under the ADA, mental disorders are a protected classification.  Trends already show that employee Internet abuse is on the rise. When a manager fires an employee for such abuse, the employee can in turn, sue the company for wrongful termination based upon Internet addiction covered as a disability under the ADA.  While most of these claims are settled out of court, employment lawyers continue to find solutions to protect firms from potential liability.  

Family Law

The president of the American Academy of Matrimonial Lawyers indicated that there has been a notable rise in the number of divorce cases involving cyberaffairs and online addiction over the past year.  Beyond divorce matters, the issue of Internet addiction has played a significant role in child custody hearings. Frequently, such Internet abuse leads to neglectful behavior on the part of the custodial parent, often times the mother, leaving the non-custodial parent to fight for full custody.  

Diagnostic and Forensic Evaluations

Dr. Kimberly Young, a nationally renowned speaker and pioneer in Internet addiction, has testified and provided forensic consultation in the following ways:

• To conduct psychological evaluations for clients suspected of being addicted to the Internet.
• To provide written affidavits to support the validity of Internet addiction and explain the nature of online behavior.
• To provide testimony regarding the role of cyberspace in the development of virtual sex offenders, travelers, and related online criminal misconduct.

Dr. Young has testified in state and federal courts and most notably, she testified at a Daubert Hearing in WV (State vs. Russell) and she was found qualified as an expert in Internet addiction.  A Daubert Hearing serves the trial court as a "gatekeeper" of evidences to screen scientific theories to make sure they are scientifically valid and reliable. The vast majority of scientific theories, usually medical, are typically not challenged as being unreliable and are admissible through judicial notice; however, the newness of Internet addiction facilitated this Daubert Hearing to determine its scientific validity. The acceptance of Internet addiction in this hearing will be persuasive to other courts.

Contact the Center for Online Addiction for more information