Pedophilia
The pedophilia is, in Psychiatrie, the sexual attraction of a Adulte towards the people impubères. A paedophile is a person testing this type of attraction. The pedophilia is classified as a disorder of the sexual preference according to the CMI and among the Paraphilie S according to DSM.
In France, in the majority of the modern societies, this type of attraction is regarded as a sexual Perversion and the activities referring itself are condemned to it by the Loi. So in the Language running, the term pedophilia has a strong pejorative connotation and the term paedophile is often used by Abus language to designate a person condemned by justice for crimes or offenses in connection with the abuse sexual on minor or the infantile Pornography.
Definitions
Etymology
The word pedophilia is formed on the radicals Greek S paidos of παις-παιδος, " enfant" and philia of φιλία, " amour". It appeared in 1968 and derives from the common noun “paedophile” (fine 19th), who himself comes from the neologism “ pedophilia erotica ” proposed by the Austrian Psychiatre Richard von Kraft-Ebing in 1886 in his work Psychopathia Sexualis to qualify a sexual attraction towards the people impubères or at the beginning of puberty who dominates the sexuality of an individual his life during.
Derives semantic
If the word Pédérastie exists since 2 500 years, the word pedophilia date of the Years 1970.
It was created by a current socio-policy post- soixante-huitard, near to “the alternative education”, and which reflected on the place of the child in the company and the relations adult-children. One found there sociologists, philosophers, architects, writers, teachers, teachers, doctors, who in common had a curiosity for the social organizations who put childhood at the center of their concerns.
In spite of an absence of Taboo S very scientific, this intellectual current wanted to dissociate pederasty, and to evacuate the sexual dimension of the relations adult-children. He thus invented the word “pedophilia” which, like known as in the etymological definition, comes from the Greek “ paidos ”, “child” and “ philein ”, “to like”.
This small intellectual circle could not maintain a long time the direction Sémantique word pedophilia in its strict etymology. As soon as the vernacular language adopted this word, it made the equivalent of “pederasty of it”, reintroducing a sexual dimension that its creators wanted to precisely exclude. The use quickly adopted this new direction, which had the advantage of not more referring to the Greek Pédérastie cultural, and which made “modern more”.
Thus canted and removed from the past, the word had a certain success in various erudite publications of the Années 1980, in particular near the psychiatrists (which saw re-appearing there the “ pedophilia erotica ” of the classification of Richard von Kraft-Ebing at the 19th century), in particular in the Québécois scientific community , which made great use of it. It made it possible to speak about the sexual relationships adult-children like contemporary medical perversity, cut of any cultural anteriority.
Passed by again in the language running by these publications, the media seized the term in the Années 1990, to describe as nine the legal affairs of manners between adults and children. At this stage of unverifiable public diffusion, well little knew what it meant exactly. The media largely used the variation “paedophile”, to qualify the defendants concerned.
Considering the gravity of the legal affairs of these last years (inter alia the case Dutroux), the word “paedophile” today took the semantic direction running of “rapist of children”, even of assassin. It is largely used by the media, whose titles make sometimes amalgams, certain “crimes contemporary paedophiles” not concerning minors. As for the “pedophilia”, the current comprehension of the word today associates the field of the relations adult-children, and that of the sexual constraint on others, which it is of request, Viol or murder.
In addition, of the drifts in the use of the term tend to apply to what concerns in fact the Pédérastie in legal affairs or media concerning pubescent teenagers .
Far from their origin, the word “pedophilia” - and its variation “paedophile” - are today register of the legal vocabulary Média tico- . In much of legislations the term “pedophilia” is not used to qualify a crime or an offense. For example, in French right it does not appear in any legal text. (The position of justice with respect to various realities to which can refer this term is specified low.)
The two terms are also used by lobbies to put forward their point of view in an emotional context very extremely. This echo reinforces is the direction of sexual constraint on the child and underlines the harmful aspects of the pédosexuelle practice on the child. Other more liberal groups see on the contrary a benefit for the child and militate for a recognition of this principle. According to them, the problem is badly studied and raises of too many presupposed moral and social debatable with their taste. The serenity of the debate would be plugged by a blind legislation and visceral behaviors.
Some see in the pedophilia one “something” which concerns the disease, the deviance, of perversity, in a word of psychiatry, and perhaps of the care. It is about the thesis most included in the psychiatric speech on the subject.
Others see there finally a threat for our companies, and wish to be protected some actively, even radically. Various associations get busy there, by a prevention near the children, even of “tracking”, by making pressure near the legislators to intensify “the fight against the pedophilia”.
Psychiatry, psychoanalysis and pedophilia
Psychopathology of the pedophilia
The pedophilia gathers in psychiatry all that milked with the sexual relationships adult-children. It can be hétérosexuelle, homosexual, or mixed. It concerns men like women of all ages. It can coexist with a sexuality in addition normal of the adult in question, or join impotence, anatomical anomaly. It can be exerted within the families, often within the framework of incestueuses relations, or within the framework of a usual frequentation of the children, like the school, the movements of young people - what the psychiatrists call of the “facilitating structures”, but also randomly meetings.
It is not the subject inevitably of one passage to the act, or not systematically. The simple desire of sexual relationships with a child, even rough, enters within the framework of the pedophilia. It can also exceed the framework of purely sexual relations, and join vexations, attacks with the person, even of the murders. She can be an isolated act, or a practice.
In any case, it appears at the company by a desire or a transgressive act which does not respect the standard . The adult who wishes or makes this raptus social is in theory aware of the gravity of his desire or his act, of the ditch dug with the remainder of the company, of the reference to his marginality, his insulation.
The conscience of this transgression - potential or real - is generally a painful culpability, and involves in the adult of the mechanisms of resolution varied on the nevrotic mode .
Neurotics
In the case of the paedophile neurotic, one can distinguish:
-
the voluntary abstinence
- the paedophile can never not pass to the act, retained by the conscience of the interdict or the fear of repression, to be satisfied with images or erotic phantasms. Then settle gradually a depression, resolvent of the bad conscience and psychological tension that their feeling of guilt inspires to them. They can then ask the assistance of psychiatry spontaneously (rare) to divide their burden and to get rid of it, or finally to find a resolution more final of their interior contradiction in the Suicide or the passage to the act;
- Certains paedophiles can base their phantasms on very diverse childish images: that can go from the simple photography of traditional child to the pornography, while passing by family photographs with the “naturist” beach sometimes, photographs of catalogs for child's garments, of the reports on tribes where the children live naked, or sometimes suggestive artistic representations. This consumption of images masturbatoires can become an obsessional and morbid compulsion;
- Lastly, certain paedophiles can seek a sublimation of their desires in derivatives social, cultural, artistic or teaching.
- the circumstantial act
- Parfois the passage to the act is circumstantial, and the adult by no means sought to meet the conditions of this passage to the act. He simply let himself go, without being especially aware of desires paedophiles, skidding in front of a child whose he could interpret the attitude like seductresses and the once consumed relation (generally of simple contacts in these cases), the adult brutally takes conscience of what he has just made. A tendency preliminary to the pedophilia is most probably in question;
- Certains adults misled thus accidentally and scalded will leave it there, and silence will fall down on what is probably the most banal case, most widespread and most discrete of relations paedophiles, whose publicity will not exceed the family circle. These isolated relations are not systematically highlighted like constitutive of serious psychological traumatisms for the child, they are often of later fortuitous discovery.
- the act justified
- the made act, the adult can also deny it with its conscience, often by mental constructions which aim at accrediting the thesis of a desire of the child or a supposed assent, aiming at requalifying the act like normal and natural (“I was not aware to make evil”). Thus justified, the act paedophile can reproduce without any bad conscience, even with the idea (enough attends) that “made of the good to the child”.
Perverts
There exist in addition structures of personality, in particular perverse (with the psychiatric direction), very different from the cases above. They are subjects which do not integrate the social interdicts or which dispute them. The act paedophile can be a means of transgression social, voluntary and deliberated, he is asserted.
These paedophiles often have a perfectly structured speech, even proselyte, to justify their control, presented like educational and healthy for the child. The pervert paedophile voluntarily seeks the sexual relationship with children, sometimes in a systematic way while passing of the ones with the others with the wire of time or while maintaining the relations with several children at the same time.
Psychopathes
Lastly, apart from the paedophiles introducing to a personality nevrotic, psychotic or perverse, there also exists of the sadistic perverts , capable of serious physical attacks towards the people, even of Meurtre. Little of them attacks the children, even if the cases of this kind cause a considerable emotion, they actually remain exceptional. The psychiatrists initially regard them as psychopathes , authors of sexual crimes (Marc Dutroux), not like paedophiles comparable with the precedents, even when the children are their preferential victims.
Remarks
the act nevrotic justified , sometimes repetitive, and the perverse act asserted or systematic , represent the principal troop of the judiciarized cases. In general, there are several successive victims, because the absence of direct violences on the child makes a long time be unaware of the situation. Moreover, they are often people who organize their life in “contexts facilitating” by attending the structures of young people, that they are school, sporting, etc the psychiatrists agree to recognize that such paedophiles seldom use of violence but rather of seduction, and that in any case they do not kill. It is undoubtedly there that one can speak about “pédomanie” (word forged by the movements of fight against the pedophilia), i.e. of compulsive consumption children, with the psychiatric direction of a Manie .
One recently evoked as etiology of the pedophilia the fact that certain subjects could be traumatized in their childhood, while being themselves the object of raptus pedophilic. If that is often evoked in front of the courts like extenuating circumstance of the responsibility, the currently available little of studies, often discussed, does not make it possible to slice with certainty.
Psychiatric treatment of the pedophilia
The descriptive Psychiatrie, whose Richard von Kraft-Ebing is the precursor, does not bring any answer to the question. Even if the encyclopedic catalog of the Sexual perversions, illustrated by clinical cases, changed since, descriptive clinical psychiatry does not explain the pedophilia, and does not claim with any therapy. The international Classification of the diseases of WHO defines the pedophilia (F65.4 code) as a “sexual preference for the children, generally of age prépubère or at the beginning of puberty”.
Remain the behavioral Psychiatrie and the biological Psychiatrie. They propose solutions, but much of psychiatrists remain dubitative on the base of the methods and the results. Behavioral psychiatry proposes the reconditioning, which one reproaches his side “ Clockwork orange ” raping the unbounded person ethical clear, and biological psychiatry proposes the chemical Castration, difficult to control even with the agreement of the interested party. Let us recall that surgical castration, also suggested, is illegal in France.
In both cases, it has a serious difficulty there in guarantee the “cure durably”, and especially to prevent the repetitions. In spite of the therapeutic arsenal of accompanying measures that the right created recently, the prison practice often consists in awaiting 55-60 years before considering release on paroles, by thinking that the fall of the Libido is the surest guarantee.
Remainder, the expert-psychiatrists specialized in these businesses, often disputed by their fellow-members, who reproach them their standpoint without nuances and dictations by the legal institution, share between them this conviction: “paedophile one day, paedophile always”.
The glance of the psychoanalysis
The Psychanalyse does not embarrass conventions of company to discourse on the Inconscient (Sigmund Freud, already, had made scandal). It tends even to blame these social conventions in its speech.
That does not miss with the subject of the pedophilia: the psychoanalyst Serge Andre, in a conference princeps on the made pedophilia with Lausanne in 1999 (to read the article) gives a certain number of answers about the pedophilia, but wonders lengthily about the attitude of the company on this subject, in particular on the demonstrations monsters which occurred under the name of “white Marches”. One can bring closer the fact to it, when one types “pedophilia” on an search engine Internet, of collecting one crushing majority of answers of associations or private individuals who hold of the speeches ignited on the subject, for a broad minority of answer in the field of psychiatry or the psychoanalysis.
In short, for Serge Andre, as for the other psychoanalysts who take part in the debate (and of which some belong to the prison institution), more than the pedophilia in itself it is the ambiguous attitude of the company which poses problem - this one appearing by various phenomena of social idolatry towards the children: jeunism , adulescence but as publicities ambiguities, etc It seems to them as the importance that took this question in the company does of them one of the element-keys of a rebuilding of the contemporary social pact.
Many psychoanalysts express reserves, even a refusal to treat paedophiles, it in what Serge André constitutes a case with share.
Beyond this realignment - meaning - subject, the psychoanalysts agree to primarily regard the paedophiles as perverts (with the psychoanalytical direction), neither nevrotic, nor psychotics, without that either for as much pathological. It acts for them of structure of personality, and not of disease. They do not exclude the acts paedophiles in a framework nevrotic or psychotic, but the perverse personality essentially seems to them to coincide ideally with the analysis which they make of the conduits paedophiles. They speak about “perversion paedophile”, without anything to see the pejorative one there.
If the psychoanalysts find comprehensible that the sexual abuse is repressed and that one locks up the authors of them, they balk to assist in their the legal institution as the psychiatrists do it, because they are not agreement with the legal approach, nor even psychiatric, of the question.
They do not dispute, at least for the rare ones which agree to deal with of such patients, like Serge André and his colleagues, that they can obtain from the “therapeutic” results interesting. But they refuse with any systematization of “the pedophilia”, which they consider illusory, to take into account only the author of the facts (or the desire), nobody single, whose personal history remains to be untied, inter alia on this behavior which makes problem at the company.
It is the attitude of the most recent current of the psychoanalysis, namely the lacaniens. It is impossible to summarize here the whole of the debates generated by this conference.
It is made there in the passing reference to violence symbolic system of the tales for children, bread blesses psychoanalysis. Without evoking here the sexuality of Lewis Carroll ( Alice with the country of the wonders ), or works it Bruno Bettelheim, Psychanalyse of the fairy tales , one can nevertheless quote some figures of the Inconscient collective which have to see with the subject: the prototype of the Ogre, whose Gilles de Rais, the sadist paedophile, the hand tends to the King of the alders , version Michel Tournier, without forgetting the Player of flute of Hameln of the brothers Grimm.
The pedophilia and the child
See also: Contenu=Pour more information, to see the article '' [[infantile sexuality]] ''.
The sexual desire of the child
The psychic and physiological studies of childhood and adolescence show that the sexual desire in the child exists. These studies also show that the passage of the sexual desire in its childish form (carnal and total) with its adult form (more centered on the genital one) is progressive and depends on the personality of the minor; at some it is very early, at others later. The sexual relationships in the minors of less than fifteen years (Middle Age of the sexual majority) is also a proven phenomenon.From the legal point of view, there exists however a differentiation between the sexual relationships between minors and those between an adult and a child. In France, only the last can be condemned by the law.
Psychic consequences of a sexual relationship adult-child
See also: Contenu=Pour more information, to see the article '' [[sexual abuse on minor]] ''.
Social bases of the concept in occident
Moral principles
Two principles related to the subject make consensus in the Western democracies:
- the reprobation of the constraint on others (or “Reached with the human person”): that it is on the plan of work (judgment of slavery or the exploitation), of the marriage (obligatory mutual assent), of sexuality (judgment of the constraint, the rape), or of the life (judgment of the homicide);
- the respect of the individual will: it is materialized by the right to vote, the right to the abortion, the right to a free sexuality, the right to the choice of the partner;
Another principle is him rather largely divided:
- the protection of the child like marked positive will: beyond the Declaration of the rights of the child, one will quote particularly the maintenance obligation and educational, the judgment of the exploitation to work, the constraint or the attacks physical, morals or sexual.
The point of view of the right
In the extent of the things which it treats as regards Droit of the people, and to clarify the subject, the right can be analyzed in two complementary concepts:
- what is about the prone : recognition of the right to the free will, responsibility for his acts. This applies to the adults (parents in particular), who are in addition writers of the rules and the laws that they apply, by delegation through the election of the appointed which make the law.
- what is about the object: refusal or strong restriction of the right to the free will, responsibility absent or limited, existence of a protection. This applies to the things, the events, the animals, and as regards people with the minors and the incompetents. The objects of the right do not take part in its drafting, they undergo it.
- It raises the question of the border between prone and object. It is solved by the definition of the legal maturity, called “legal Majorité”, variable according to the countries, but also according to the times. This majority can be full (currently 18 years in France) or partial, like the sexual Majorité (15 years in France currently). It should be noted that there exists a “reinforced Minorité” in 13 year old lower part, which worsens the sorrows for attacks on minors. The incompetents are the subject of unable supervision or trusteeship because considered to be of free artibre.
- As regards sexual relationships it makes of the adult a prone , therefore initiating and responsible, and by opposition of the child (minor) a object , a potential victim, therefore protected. According to the right, the major one only is entitled to a free sexuality between adults (In France, equal for all since 1982 and the abolition of the anti-homosexual laws). The right does not recognize with the minor of right to sexuality with an adult. This rigor implies that in a business of sexual relationships adult-child, the newborn can be understood that like a victim.
- the criminal Law condemns acts, which they are punishable or criminal: he thus does not condemn the pedophilia in oneself, which is a concept external with the right, but the attacks real on minor, who they are direct (sexual relationships) or indirect (photographs of minors showing of the attacks or pornographic images exposed to minors).
The medical point of view
Medicine contributes to the debate while answering the question of biological maturity compared to sexuality. It brings the concept of Puberté, which recovers the whole of the modifications of the human body which make it suited to the reproduction. These modifications are about the Anatomie (development of the bodies and the Sexual characters), and of the Physiologie (existence of Hormone S inducing the craving for the sexual activities, appearance of the rules). The age of appearance and end of puberty is in fact very variable according to the individuals, but there is consensus to say that it seldom starts before 10 years, and that it is generally completed at 15 years, with a median age towards 12-13 years.
The psychological point of view
Beyond the simple maturity of the body under consideration by medicine, the question of the psychological maturity of the individual arises. It is a rather vague concept, where one can distinguish two aspects:
- social maturity, i.e. capacity to make choices, to affirm and defend its choices and its integrity, in fine apart from the family circle and of the known close relations. It can exist early, but it is accomplished when the teenager starts to leave the family psychological dependence, to be posed into equal in the relations of otherness, often even without realizing it, with the surprise to intend itself to answer for the first times by the apostrophe “Sir, Miss”. This achievement seldom occurs before 15 years, but there are children with the very marked personality as of 10 years, even front;
- sexual maturity, or in other words psychological capacity to wish and face the first Sexual relationships. Let us recall immediately that the sexual Initiation is an initiatory ritual to which any human being has right, without whoever being able validly to claim to withdraw it from it. Not besides than to intervene there, in some way that it is, it is an private affair;
- It has there no age which one can validly fix on this question, some remain virgin beyond 25 years, others cross the even front hardly pubescent step.
What one can in any case affirm on the two preceding subparagraphs, it is that they are very dependant on the education and of the circumstances of life of each one. There exist plain families and without stories, in which the children are protected and cherished, and who consider the sex education as a Tabou that one regularly gives to later. There exist minors with the abandonment, very early confronted with hard realities of adults, even with a simple survival in loneliness, who become adult by need before the ordinary age in our companies. Between these two extreme tables, all the intermediaries exist, and there are only particular cases.
Bringings together
The approaches clarified above form the main part of the principles which justify the way in which our companies perceive the pedophilia and its practice.
Some provide very clear criteria of appreciation, and take the top, others are usable with more difficulty.
They recognize the principles of the right to protection of the child who cannot have free will and of capacity of choice in front of his lack of sexual maturity and which must thus be protected from certain perversions. The development of its sexuality must be done in a balanced and made safe medium.
In the event of sexual relationships adult-child, it is victim, underwent a fraud, is entitled to repair. The adult must be punished, and put out of state to harm.
This feeling very largely shared makes pedophilia a major and intolerable transgression of the standard of our companies, therefore a deviation and more generally a sexual perversion.
The pedophilia and the law
The effective sexual relationship between adult and child, that the pedophilia can induce following a passage to the act, is very strongly condemned in the majority of the legislations of the world, and is recognized like a low register offense or Crime, a major transgression of the basic rights of the child under the term of “Sexual abuse on minor”. The same applies to the childish Pornographie, very largely condemned today including when it is of imagination.
If the sexual abuses on minors a long time remained are ignored or underestimated in the modern societies, it is because of the silence which surrounded them. The innovation is due to the fact that, nowadays, one listening the children to speak about the sexual relationships which can be to them imposed by the adults. A long time it was believed that the essence of these accounts concerned the phantasm. Thus it of Freud was which, in the case Bertha Pappenheim, believed to distinguish the Fantasme when she spoke to him about her uncle attouchor.
In the majority of the legislations simple sexual attraction as well as the phantasms are not repressed by the law, because they belong to the field of the thought and felt personal.
On the other hand, in the majority of the legislations of the world the sex act between an adult and a child illegal and is severely repressed with respect to the adult, considered as only culprit and person in charge. Contrary to the laws on the sexual assault of an adult, the absence of assent of the child is not necessary so that the infringement is made up: the sexual relationship in itself is illegal. Separation between these two forms of treatment of sexual offense in the law is generally founded on an age limit, called sexual Majorité, which differ according to the countries and from the sexual orientations (the homosexual relation is often authorized more tardily than the hétérosexuelle ).
There exist also laws repressing the simple incentive of a child to an sex act. In addition, the production, consumption, exchange and simple detention of pornographic material implying of the children are often prohibited. In certain countries, this last law also applies for works of imagination (drawings, virtual images, etc) For example, article 163.1 of the criminal code Canadian interdict “any photographic representation, filmed, video or different, carried out or not by average mechanics or electronic”. Other legislations are fuzzier or prone to interpretation on this point, as article 227-23 of the French Penal code which accuses all representation of a minor when it has a pornographic character: stricto sensus that also applies to imaginary images, but jurisprudence remains fuzzy. See the article Lolicon for more details. In France, the texts pedopornographic are on the other hand not prohibited.
Regard to the important emotion had that cause the business of sexual abuses on children in the majority of the companies, certain legislations adopt sometimes extreme laws of exception to repress with more force sexual offenses concerning of the minors.
The French law
See also: Sexual abuse on minor in France
In French right, the term of pedophilia does not appear in the codes and payment of the right and justice: the terms used to describe the infringement of sexual intercourse between major and a minor are Sexual offense for a relationship to assent of the child, Sexual assault or Viol when the assent is not recognized. There exist also infringements of corruption of minor for the incentive of minor to sex acts. The limiting age of the minor who characterizes sexual offense (age of sexual Majorité) is 15 years in general, 18 years if the major one is a person having authority on the minor (professor, relative…).
The production, diffusion and detention of pornographic images implying of the minors of less than 18 years are illegal in France. The article of Loi such as he was written in May 2002 does not speak only about Photographie, but about any type of image: Drawing, Painting, virtual images, etc the Jurisprudence since fixed some exceptions, in order to protect certain objects from Art or histories: explicit paintings dating from the ancient Greece, works of art, etc However the Loi remains fuzzy and prone to interpretation on this point, which could attract problems with certain professions like the edition or the conservation of Musée S, and to make evolve/move jurisprudence.
Lastly, several laws of exceptions exist for the crimes or sexual offenses of nature concerning the children: possibility of continuing in France a French citizen for crimes or sexual offenses on minors made abroad (for example within the framework of the Sex tourism), raised professional secrecy in the event of knowledge of an infringement, specific inscription in a file of genetic prints on judgment or simple setting in examination, regulation running starting from the majority of the victim, care obligation once the purged custodial sentence.
Other laws of exception, often extremes, are regularly proposed by social actors or political with the liking of the emotion caused by the topicality: cancellation of any regulation, inscription of the sexual crimes like crimes against humanity, re-establishment of the Capital punishment, etc
All the French legislative texts can be consulted on this site, more particularly in the section Penal code.
- Rape: Articles 222-23 to 222-26 of the Penal code;
- Sexual assaults: Articles 222-27 to 222-31 of the Penal code;
- Sexual offenses: Articles 227-25 to 227-27 of the Penal code;
- Corruption of minors: Article 227-22 of the Penal code;
- Exploitation in pornographic matter of the image of a minor: Article 227-23 of the Penal code;
- Article 227-24 of the Penal code;
- Article 321-1 of the Penal code.
Let us note that the Viol is a Crime, judged in Court of Assizes whereas the other quoted infringements are offense S, judged in correctional Tribunal.
Regulation: The regulation for rapes, sexual assaults, sexual offenses on a minor of less than 15 years by ascending or a person having authority is 20 years starting from the majority of the victim. Articles 7 and 8 of the Criminal procedure code.
In addition, the lawful age from which the Mariage is authorized is 18 years for girls and boys since 2005 (it was 15 years for the girls before). The French law does not establish any particular relation between the provisions concerning the sexual Majorité and those concerning the marriage.
The Swiss law
(to be supplemented…)
The legislation was clearly hardened by a law of April 2002 integrated in article 197 of the penal code. From now on the remote loading on an hard drive and the copy of illicit stereotypes, on various supports can be comparable with cases of manufacture already repressed under the old right and if they are obtained since a foreign site, they also constitute an act of importation which can be sanctioned. On the other hand, a simple not preserved consultation would not be directly sanctioned. Without counting that the navigators (as Safari) offer from now on an option allowing not to leave of trace.
Stop 6P.117/2004 and 6S.311/2004 of October 11th, 2004
European regulation
-
Decision-tallies 2004/68/JAI of the Council of December 22nd, 2003 relating to the fight against the sexual exploitation of the children and the pedopornography: to see in pdf.
The pedophilia in the company
Media and the pedophilia
Since famous the Business Dutroux, the media more and more often treat businesses known as of pedophilia, thus contrasting with a certain disinterest which had course before on this subject.
Today the media are often shown to treat this topic in a too emotional, vague way and without real journalistic work, especially at the time of certain business very media - for example the business teenager 71 and the Affaire of Outreau, where they were shown of enfreindre regularly the Présomption of innocence and to found a hysterical climate not very favourable with a serene and equitable justice. At the time of these businesses several defendants committed suicide before even their judgment (of which some which appeared innocent thereafter). The media were shown by a certain number of people (of which the Ligue of the Human rights) have caused these extreme acts by their lack of precautions and their charges without base.
Among the injustices which this media fad and policy caused, one notes the business Alain Hodique, husband of the principal of Bucquoy is shown into 2001 of contact on pupils of his wife and is imprisoned one year. In 2007, court of appeal the innocent one. This business had all the more repercussions that the Minister for the Education of then, Jack Lang, had taken again on his account the charges of part of the villagers against Alain Hodique.
Instrumentalisation of the pedophilia
The social stigmatization of the pedophilia, and the gravity of the penalties incurred in justice, make of it sometimes an engine of blackmail or instrumentalisation.
For a long time, the pink ballets or blue , expression indicating of the orgies during which adults devote themselves to sexual plays with minors, girls ( pink ballets ) or boys ( blue ballets ), formed the real or fantasmées screen of business, such as the Affaire of the pink ballets in Belgium.
One noted legal cases of instrumentalisation of the pedophilia by parents in divorce pending. Likewise, it arrived that children “regulate their accounts” with a teacher (as described in the book the Risks of the trade ). It also happens that young delinquents, stopped for small offenses, show adults of pedophilia or recourse to the prostitution of minors, to be transformed into victims.
In France, the Affaire of Outreau defrayed the chronicle for loads given up at the end of several years of preventive prison. Without forgetting nevertheless that children were well victims and that their of torture was condemned.
The instrumentalisation can also be political: Daniel Cohn-Bendit, by evoking its past soixante-huitard in a book, was shown of pedophilia of the years later (see this article).
The pedophilia in art
Certain artists evoke the pedophilia in their works, which often causes scandals. Writers like Gabriel Matzneff ( Less than sixteen years ) or Tony Duvert (Price Médicis in 1973 for Landscapes of Imagination ) were regularly shown to make the Apologie for the pedophilia in their works. the Good illustrated Sex , written by this last, wants to be a wild criticism of the normative yoke of the contemporary sex education. More recently, in September 2002, the exit of the novel Pink Bonbon of Nicolas Jones-Gorlin caused a polemic following the lodged complaint by an association of child welfare. Other authors, who caused scandals at their time, were exonerated by their celebrity or their death: for example Vladimir Nabokov ( Lolita ), Roger Peyrefitte ( Homosexual relationships ), Andre Gide ( Immoraliste ) or Henry de Montherlant ( the City whose prince is a child ).
In the field of the image, certain artists depict the figure of the child under one day tinted of erotism or sensuality: one can quote as regards photography work of Bernard Faucon, Sally Mann or Mike Tedder. Many artists elected the child for principal or occasional subject their works, without in so far as it is necessarily necessary to speak about art with character paedophile as soon as sensuality emerges. The intention of the artist and the circumstances of the creation of a work are data difficult to establish. A work of art does not exist however that by its author, and can change in a spectacular way sometimes, inter alia by catharsis in the paedophile amateur of Article.
In 2001, Emmanuelle Bercot written and carries out the film Clément in which it allots the main role, that of Marion, thirty year which éprend of love for its godson thirteen years, Clément.
In 2006, Yann Queffélec publishes Mineure , a novel in which Sibylle, a thirteen year old young girl, tries to allure Michel, a man of fifty-five years, married and twin father of of the same age. He does not want to yield, but will end gradually up succumbing to his charm.
August 1st
Provisions to fight against the sexual abuse
For some years the Sexual abuse on minor , who can be a consequence of the pedophilia, has profited from an intensive social attention. Many associations were created with an aim proclaimed to protect the children and to fight against the sexual abuse. The expression fight against the pedophilia is often evoked, although the pedophilia is a sexual attraction: the social action can fight against acts of sexual abuse, but only a medical or psychological approach can possibly work with the disappearance or the evolution of attractions paedophiles at an human being.
the subject is treated more in detail in the article Sexual abuse on minor .
Obsession of the pedophilia
Certain people, being based inter alia on work of the psychoanalyst Serge Andre, denounce the social obsession which one currently observes against the pedophilia in the Western company in a form that they describe of hysterical and passion. They denounce a kind of fight of the ages succeeding the class struggle , which instrumentaliserait the fear of the pedophilia by putting between the hands of the young people frightening legal weapons like means of blackmails against adults. That would be observed particularly in the relationship between pupils and professor and that would have largely taken part in the recent phenomenon of denigration of the authority.
This thesis was in particular taken again by mediums close to the extreme-right-hand side in the years 1980 and 1990, inter alia in the columns of the review Gaie France Magazine which had been put at the head to give in honor the pederasty of the time of Plato. These explosive writings caused many passions and the reactions legal strong (many sometimes arbitrary arrests and put in examination, which led to suicides) with for effect of diaboliser the magazine, which accelerated its fall until its prohibition of publication in 1993.
It also was at the origin of the popular imagery pédo-Nazi a long time remained attached to the subject and which re-appeared at the time of the advent of Internet like expression of a phantasm relaying and amplifying the fear of this novel mode of communication.
This association of the pedophilia with the extreme-right-hand side, as well as confusion between pedophilia and pederasty, also accelerated political separation between the movement of claim of homosexual, generally rather located on the left, and an endemic remainder of pederasty and not structured - the latter being often associated with the original image of a hierarchical and initiatory structure, associated to the castes warlike. One will be able to refer to the article Pédérastie for further details.
Lastly, certain people denounce the demagogic character and political recovery for aimings electoralists of the claims of the company to protect childhood. They observe that this protection aims at sexuality with an intensity which they consider disproportionate whereas the child is exposed today to physical violences and morals often much more serious, and more subtle or pernicious in which the company is interested much less - undoubtedly because fantasmatiques and consequently less media.
The militancy paedophile
See also: Activism paedophile, History of activism paedophile
In the years 1970, certain movements of militancy pro-paedophile were born in Northern Europe and United States. Initially very active, they underwent a certain number of reverses in various legal affairs and media, at the point almost to disappear in the years 1990. Starting from the end of the 20th century, the advent of Internet their gave a new force. With the Netherlands exists a party favorable to the pedophilia, PNVD, founded by AD Van den Berg: he asks the lowering of the sexual majority 12 years, the legalization of the films paedophiles and the possibility for the children of playing in these films.
(to be supplemented)
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