Pedophiles and Lack of Harsher Punishment - Essay Example

Pedophiles and Lack of Harsher Punishment Introduction The media, majority of child abuse professionals, and the general public often refer to all those individuals who sexually abuse children as ‘pedophiles.’ However, there is no uniform definition of the word pedophile. Health professionals usually refer pedophiles as individuals with recurrent, intense sexual urges and sexually arousing fantasies involving prepubescent children. The technical definition of pedophilia is a psychiatric diagnosis made by qualified psychiatrists or psychologists. Thus, for most people, the term pedophilia is not a legal term but a diagnostic one. Prosecutors and law enforcement in cases involving computers frequently use the word pedophilia (Borgeson and Kuehnle, 2010). Hall and Hall (2007) state that pedophilia is a clinical diagnosis generally made by a psychologist or psychiatrist. It is neither a legal nor criminal term like forcible sexual offense, and legal term id generally used in criminal statistics. There are laws that govern acts committed by pedophiles. One such law is the Megan’s law. However, it is difficult to estimate how the Megan’s law affects pedophiles. The definition of the term pedophilia does not allow the determination of whether the pedophilic individual is a sexual offender (a child molester) or not. It is important to note that not all pedophilic individuals are child molesters. An individual with any paraphilia condition can be legally involved in it through masturbation and fantasizing (Borgeson and Kuehnle, 2010). Punishments given to those who commit pedophilia usually vary. There are states where the punishment is harsher compared to other states. In regard to punishment, there is an ongoing debate on whether the punishment for those committing sexual assault crimes should be made harsher or not. However, majority of the people are of the opinion that harsher or tougher laws will reduce the occurrence of these crimes (CQ Press, 2006). Thus, punishments for those who have committed pedophilic crimes should be made harsher. Harsher punishment will reduce the rate of pedophilic crimes. The aim of this study is to evaluate the form of punishment given to sexual offenders such as pedophilic individuals and propose the punishments to be harsher or tougher. As stated before, experts are of the opinion that harsher punishment will reduce the incidences of sexual crimes. In some states, there are tests done to ascertain if the individual has really reformed before release from prison. In Texas, sixteen months before the release of an offender, the Texas Department of Criminal Justice can have the individual evaluated to know whether he is an SVP (sexually violent predator). If the individual is found to be an SVP, then he is eligible for treatment as an outpatient sex offender upon his release (Garib, 2011). The study is of great significance because the majority of the sex offenders are treated with blanket punishment, thus, they cause collateral consequences which develop more risk to the entire public (Hiller, 2011). Failure to treat pedophilic individuals and their release back to the society defeat the whole purpose of child protection. Despite the fact that experts are advocating for harsher punishments, there is a need for an individual to be treated before he is released to the society. This makes sure that the individual is fully reformed after he has served his sentence in prison and the risk of children being harmed is reduced. Literature Review A pedophile and a child molester have been often confused by child abuse professionals, the media, and the general public. They regard pedophiles as all individuals who sexually victimize children. However, there is no uniform definition of the word pedophile. It is important to note that pedophilia is a psychiatric diagnosis done only by qualified psychiatrists or psychologists. Not all child molesters are pedophiles. As mentioned before, an individual suffering from any form of paraphilia can be legally involved in it through masturbation and fantasy. A pedophile can have a sexual preference for children and fantasize about engaging sex with them, accordingly, the individual is not a child molester. Some pedophiles can act out their fantasies in a legal manner through watching or talking to children and later doing the act of masturbation (Borgeson and Kuehnle, 2010). In other words, not all individuals who struggle with pedophilia give in to their sexual urges and abuse the child, that is, not all individuals who have the urge of pedophilia take part in pedophilic behavior (Clinton and Laaser, 2010). In response to the shocking sex crimes against children, states and the Congress have passed numerous laws in the previous years to crack down on the offenders. In addition to longer sentences and thorough tracking of sex offenders after their release, majority of the laws put limits on regions the offenders can live, with some being banned from playgrounds, parks, schools, and even neighborhoods. Experts argue that harsher laws will lead to low recidivism rate and a huge drop in cases involving child sexual abuse. They further argue that the harsher laws could have a significant effect such as deterring or keeping a majority of the offenders under surveillance or behind bars (CQ Press, 2006). Penalties or punishments for sex offenses are not common topics for research and this is largely attributed to the fact that it is difficult to analyze and compare state sentencing practices. Most of the states have adopted harsher or tougher sentencing provisions for sex criminals or offenders in the past years. The most common practice among these states is increasing the prison period for offenses that are already subject to harsh terms (Petersilia and Reitz, 2012). The intellectual abilities and personality of pedophiles are not different from non-pedophiles. Nearly all pedophiles included in published surveys or studies have been convicted of a sexual offence and it is certain that they were given harsher sentences (Dixson, 2012). Apart from offering punishment, it is important for the pedophile to be offered the correct treatment if he or she is diagnosed with pedophilia. Some Penal Codes like those of Texas neglect these sex offenders and the individuals are given attention only 16 months before their release from prison. This form of scheme (keeping pedophiles for a number of years without undergoing treatment and releasing them back to the society) defeats the main aim of these statutes – that is, protection of children (Garib, 2011). It is important to note that if the pedophile is not willing to engage in the treatment, the treatment will not be effective. A pedophile can commit the crime again while still undergoing active psychotherapy, pharmacologic treatment, and even after undergoing castration (Hall and Hall, 2007). Thus, treatment is an important element when a pedophile is undergoing punishment. Methodology A sample of 100 individuals will be used for this study. Individuals to be interviewed will comprise 50 legislators and 50 pedophiles. The sample will be chosen randomly; in the context of legislators, they will be chosen randomly from states that have pedophilia laws and, in the case of pedophiles, they will be randomly chosen from records of pedophiles. The method to be used in data collection will be questionnaires. The questionnaires will seek to support the thesis statement, “punishments for those who have committed pedophilic crimes should be made harsher.” The respondents will give an informed consent before filling in the questionnaires. The respondents will be assured complete confidentiality of the information they will offer to the researcher. Those not willing to take part in the research will be allowed to drop out. Pedophiles for research purposes will be detected using the Abel Assessment for Sexual Interest (AASI) in conjunction with the traditional phallometric measurements. The tests are important in making sure that the pedophiles used in the research are evident pedophiles.. The questionnaires will seek to know if the current punishment norms offered are harsh and if the same laws should be made harsher. The questionnaires will also seek to know if treatment of pedophiles is important in reducing the rate of child-sexual offences. From the data analysis, it is expected that harsher punishments are preferable for curbing the rates of child-sexual crimes. Conclusion Defining pedophilia as a phenomenon is a difficult task for the media, the public and the professionals linked with child abuse. The term is often confused with child molestation. Pedophilia is a psychiatric condition and can be diagnosed only by a qualified psychologist or a psychiatrist. Thus, pedophilia is neither a criminal nor a legal term but a medical term. There has been an ongoing debate on whether pedophiles should be punished harshly for the crimes they have committed. It is the opinion of many experts that harsher or tougher punishments will help in reducing crimes associated with child sexual abuse. However, for pedophiles, harsh punishment does not solve the problem; proper treatment of the pedophile is required to ensure the rates of child sexual abuse are kept at low. While instilling harsher punishments for pedophiles, it is important to give them proper treatment to ensure that the public and the children are not at risk. References Borgeson, K., & Kuehnle, K. (2010). Serial offenders: Theory and practice. Sudbury, MA: Jones & Bartlett Publishers. Clinton, T., & Laaser, M. (2010). Quick-reference guide to sexuality & relationship counseling. The Grand Rapids, MI: Baker Books. CQ Press. (2006). Sex offenders: Will tough, new laws do more harm than good? CQ Researcher, 16(31), 721-744. Dixson, A. F. (2012). Primate sexuality: Comparative studies of the prosimians, monkeys, apes, and human beings. New York, NY: Oxford University Press. Garib, M. (2011). Punishing pedophiles: Criminal commitment or criminal imprisonment rather than prison followed by outpatient civil commitment. Health Law Perspectives, 1-4. Hall, R. C. W., & Hall, R. C. W. (2007). A profile of pedophilia: Definition, characteristics of offenders, recidivism, treatment outcomes, and forensic issues. Mayo Clinical Proceedings, 82(4), 457-471. Hiller, M. (2011). Sexual offender registries: Public safety or scarlet letter? McNair Journal, 7(1), 40-47. Petersilia, J., & Reitz, K. R. (2012). The Oxford handbook of sentencing and corrections. New York, NY: Oxford University Press. Read More