Margo Kaplan: Pedophilia Should Be Treated As A Disorder, Not A Crime
Kaplan, an assistant professor at Rutgers School of Law, writes in The New York Times:
By some estimates, 1 percent of the male population continues, long after puberty, to find themselves attracted to prepubescent children. These people are living with pedophilia, a sexual attraction to prepubescents that often constitutes a mental illness. Unfortunately, our laws are failing them and, consequently, ignoring opportunities to prevent child abuse.The Diagnostic and Statistical Manual of Mental Disorders defines pedophilia as an intense and recurrent sexual interest in prepubescent children, and a disorder if it causes a person "marked distress or interpersonal difficulty" or if the person acts on his interests. Yet our laws ignore pedophilia until after the commission of a sexual offense, emphasizing punishment, not prevention.
Part of this failure stems from the misconception that pedophilia is the same as child molestation. One can live with pedophilia and not act on it. Sites like Virtuous Pedophiles provide support for pedophiles who do not molest children and believe that sex with children is wrong. It is not that these individuals are "inactive" or "nonpracticing" pedophiles, but rather that pedophilia is a status and not an act. In fact, research shows, about half of all child molesters are not sexually attracted to their victims.
A second misconception is that pedophilia is a choice. Recent research, while often limited to sex offenders -- because of the stigma of pedophilia -- suggests that the disorder may have neurological origins. Pedophilia could result from a failure in the brain to identify which environmental stimuli should provoke a sexual response. M.R.I.s of sex offenders with pedophilia show fewer of the neural pathways known as white matter in their brains. Men with pedophilia are three times more likely to be left-handed or ambidextrous, a finding that strongly suggests a neurological cause. Some findings also suggest that disturbances in neurodevelopment in utero or early childhood increase the risk of pedophilia. Studies have also shown that men with pedophilia have, on average, lower scores on tests of visual-spatial ability and verbal memory.
The Virtuous Pedophiles website is full of testimonials of people who vow never to touch a child and yet live in terror. They must hide their disorder from everyone they know -- or risk losing educational and job opportunities, and face the prospect of harassment and even violence.
...A pedophile should be held responsible for his conduct -- but not for the underlying attraction. Arguing for the rights of scorned and misunderstood groups is never popular, particularly when they are associated with real harm. But the fact that pedophilia is so despised is precisely why our responses to it, in criminal justice and mental health, have been so inconsistent and counterproductive. Acknowledging that pedophiles have a mental disorder, and removing the obstacles to their coming forward and seeking help, is not only the right thing to do, but it would also advance efforts to protect children from harm.








...A pedophile should be held responsible for his conduct -- but not for the underlying attraction.
I was unaware that we were sending people to jail for thoughts or urges that they haven't acted on.
If having thoughts about illegal activity is a crime, then everyone is a criminal.
Oh, and let's call something else a disease or disorder. This way pedophiles can use the "it's not my fault" card also.
DrCos at October 6, 2014 6:17 AM
Echoing DrCos, I'm not really sure what Kaplan is getting at here. Is pedophilia considered a crime? Do we prosecute pedophiles without those individuals having actually committed a crime? Or do we only know they're pedophiles because they've been caught committing sexual crimes against children? Based on the quote, Kaplan's premise seems a little shaky.
Old RPM Daddy (OldRPMDaddy at GMail dot com) at October 6, 2014 6:36 AM
She paving the way for possession of kiddie pron to be legal, as it's "therapeutic", as long as no actual children were involved. Somehow CGI will be used, I'd guess.
kateC at October 6, 2014 6:46 AM
Suppressing kiddie porn has become like the drug war.
Lots of mission creep, and lots of unintended consequences.
I liked the US better when pictures of my two year old in the bathtub weren't a felony.
Isab at October 6, 2014 7:59 AM
huh, I notice that women haven't been studied much, so, yup, certainly they are too virtuous to have this 'problem' regardless of how many female teachers have molested kids in their care.
Why not so many male teachers? why, because you can't trust kids around them, of course.
This is yet another way of demonizing men in a way that cannot be fought, "because everybody KNOWS..."
"Recent research, while often limited to sex offenders -- because of the stigma of pedophilia"
huh, and who gets caught an prosecuted for it? And what will be the reason it isn't studied in other populations... oh, yeah, the same stigma that denies that women abuse their own children and in what numbers.
This should be studied as a human condition, broad based, and with no discrimination.
But it won't be.
For the same reason that when children are taken from their mothers for abuse, they aren't tested for sexual abuse. UNLESS there is a guy in the house, and then it will be assumed it was him, even IF she was pimpin' the kid.
'cuz MEN, you'know?
For the same reason, there are very few shelters for abuse that will take men, and sometimes they won't even take the male children of abused women, if they are old enough.
So, how long will it be, before we can TEST EVERY MAN, for this issue? "Just to be sure, because you can never be too careful."
SwwissArmyD at October 6, 2014 8:49 AM
Sex is more important than murder in the USA.
You can be forgiven a murder. Even if you were 18 and your girl 17, you can never be forgiven for having sex with her.
Pictures are also troublesome; possessing a picture of a President with a hole in his forehead is acceptable, but one of a ten-year old in a swimsuit is not.
This picture, safe for all audiences, is completely synthetic. Should someone be imprisoned for a thoughtcrime when looking at it?
Radwaste at October 6, 2014 9:29 AM
It certainly doesnt help that a lot of people think being sexually attracted to a post pubescent 15 to 20 yr old is also pedophillia
lujlp at October 6, 2014 11:22 AM
See Thomas Szasz on the humbug incorporated into discourse like this. See C.S. Lewis on the dangers of reconceptualizing crimes as illnesses.
--
There is a modest policy problem referred to here, in that penalties for looking at kiddie porn are often draconian in their dimensions; that's stupidity by state legislators, who are often stupid when they are striking attitudes.
See the case of Jesse Ryan Loskarn for where that leads.
Art Deco at October 6, 2014 1:21 PM
Let's be clear that attraction to post-pubescent teenagers is NOT pedophilia. Teachers of either sex who sleep with their teenage students are acting inappropriately and deserve to be barred from the profession (IMO), but that is NOT pedophilia. Attraction to teenagers is biologically normal; acting on it is illegal because our culture has determined it is not in the best interest of the minor (and it can be seen as an abuse of authority in student/teacher situations). These teachers are adults with normal sexuality and poor impulse control.
Kaplan is talking about dyed-in-the-wool pedophiles here, and I think she is dead right about the plight of these people. This is a brave thing to write (and repost).
No one chooses to be a pedophile. Our culture wants to punish them just for existing. If people who suffer from this mental illness have nowhere to turn while maintaining confidentiality, no support system, it seems much more likely they will give in to their impulses.
Insufficient Poison at October 6, 2014 1:56 PM
BTW, there's tons synthetic/illustrated/CGI pron out there already, for any genre you can imagine. It turns out a lot of people get off on stuff that's not feasible in real life (and that they wouldn't actually want to do in real life).
Insufficient Poison at October 6, 2014 2:02 PM
> One can live with pedophilia
> and not act on it.
Golly, do you suppose anyone ever said that about homosexuality?
Rhetorical question! Sorry, I hate those too. I heard a man say that once... About his son, a grade-schooler who'd demonstrated one mildly-feminine behavior (forgotten). (We never spoke again.)
So, I'm thinkin' Kaplan might not be precisely correct about all this.
She's right that society needs to be reeelee thoughtful about what it describes as the werst thang ev-var, especially for sex matters, because the illicit is highly charged.
But many of our social problems have been made worse by describing them, in brochures, as health disorders. That's the way it worked in the Soviet Union (and many other places): Their psychiatric hospitals were filled with people who said and felt things that others just did not want to deal with.
Crid [CridComment at Gmail] at October 6, 2014 7:25 PM
DrCos et al, I think what she's getting at here is that people with pedophiliac attractions who haven't molested anyone typically have significant trouble finding good therapists who are willing to view them as anything but unsalvageable monsters. However, the reason I conclude that is that I recently read another article on "virtuous pedophiles" that discussed the problem (quite well -- just can't find the link at the moment). The fact that she doesn't highlight that point well enough for the casual reader to understand is either a sign that she's not a terribly persuasive writer, or that she's trying to normalize pedophilia somewhat. Am hoping it's the former.
marion at October 6, 2014 8:15 PM
Marion,
https://medium.com/matter/youre-16-youre-a-pedophile-you-dont-want-to-hurt-anyone-what-do-you-do-now-e11ce4b88bdb
Ppen at October 6, 2014 9:46 PM
Difficult issues. Her point is undoubtedly correct: you cannot really help who or what you find sexually attractive. In this sense, it makes exactly as much sense to revile pedophiles as it does to revile homosexuals. The difference - the only difference - is that the one group can legally act on its attraction, whereas the other group cannot.
The other point, made first by lujlp, is that it is not pedophilia to find young teenagers sexually attractive. At 15 or so, essentially all girls are post-pubescent. By 16, you can say the same for the boys. The tendency to call this pedophilia confuses the issues. It may not be legal to act on this attraction, but it is not pedophilia.
The bottom line is that our society is totally messed up by misguided puritan instincts. Remember the guy in the UK who was arrested for possession of child pornography - that consisted of lewd drawing of Bart Simpson? Or the truck driver, crossing from Canada to the US, who was arrested because he had printed stories - fiction, no pics - that described underage sex?
How does that kind of case make any sense? That verges on punishing thought-crime.
a_random_guy at October 6, 2014 11:03 PM
Wait now - are we saying that this 40 year old corrections officer who had sex with a 14 year old inmate should be convicted of something?!
Because the government of Terrebonne Parish in Louisiana says she was, like, TOTALLY hot for him.
Gog_Magog_Carpet_Reclaimers at October 7, 2014 12:04 AM
Probably more to the story, but on the news tonight in Phx they arrested a man for soliciting sex with a minor.
The proof? He told the girl he was texting with that unless she said she was 18 nothing would happen and he wouldnt text her anymore. Police called it 'grooming behavior'
lujlp at October 7, 2014 12:39 AM
Wow lujlp. That counts as grooming behavior? So I must have been grooming my cousin's friends who hit on me when they were 15 and I was 19, and I responded with, "we'll talk about it in three years"? I was intentionally a little creepy about it to make the two of them stop, because I think half the reason they were hitting on me was to make my cousin uncomfortable.
spqr2008 at October 7, 2014 5:42 AM
so, here you go... Teacher is prolly not going to recieve any jailtime either, and has destroyed a 10 year old ASPie's life... and what do her OWN 8 children think of this?
http://www.dailymail.co.uk/news/article-2782215/She-evil-woman-stole-innocence-teacher-convicted-trying-sex-10-year-old-boy-tattooed-chest-infinity-symbol.html?ito=social-twitter_mailonline
"she didn't actually cross the line into anything criminal" and how close can you get to that line and do damage?
SwissArmyD at October 7, 2014 11:17 AM
"Acknowledging that pedophiles have a mental disorder, and removing the obstacles to their coming forward and seeking help, is not only the right thing to do, but it would also advance efforts to protect children from harm."
This will work about as well as potential rapists seeking help.
You know the ones that realize they have a problem are going to be the only ones seeing a shrink.
The ones most likely to act will be out there raping, because they are sociopaths.
Isab at October 7, 2014 3:36 PM
First it will be a disorder.
Then a disability.
Then they become a protected class.
After that, best of luck with things.
I R A Darth Aggie at October 8, 2014 7:56 AM
Dr Brian Neil Talarico North Bay Has been convicted of child molestation, an possession of child pornography on his computer. Sexually molesting a young boy. He had prior convictions for child molestation in 1990 and 2001. After his parole in 2006. Dr. Talarico Brian. Works for north east mental health centre, despite his background, and numerous complaints against him of abuse, fraud, negligence, and imprisonment. Address: North East Mental Health Centre North Bay Campus Highway 11 North North Bay Ontario P1B 8L1, and now works for Act 2, North Bay.
amy at February 20, 2016 2:16 PM
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