Tag Archives: Victimization

An Inconvenient Truth About Pedophilia: It’s a Curse, Not a Choice

6028playground_swingA friend sent me this link to a New York Times op-ed on pedophilia, the technical term for the DSM-Vparaphilic mental health diagnosis that describes a person (usually a male), sexually interested only in pre-pubescent children.

Apparently, the DSM itself (the “bible” of mental health professionals) will not describe pedophilia as a sexual orientation, but rather a paraphilic disorder. This is basically a sexual predilection detrimental to the object of the interest, and which causes the sufferer significant distress or difficulty dealing with it. Since pedophiles are solely, sexually focused on prepubescent children, any manifestation of the disorder will be- in essence- harmful and unacceptable. Rightfully, we punish such manifestations, including consumption of child pornography as well as “hands-on” offending.

Regardless, I know of no reputable mental health expert who would call pedophilia a “choice.” When it comes to the persistent, chronic sexual attraction to prepubescent children, what we’re dealing with is more of a burden.

Or more bluntly, a curse.

What’s chosen is behavior.  Sexual behavior involving prepubescent children should remain 1) anathema to what is societally acceptable, and 2) severely punished. I’ve spent a career seeking to do these things.

But the author of the op-ed makes valid points when she discusses the need to understand pedophilia instead of just aiming vitriol and anger toward those saddled with this miserable circumstance. There are, as she notes, people with pedophilia who do not act out in response to deep-seated urges. They understand the concrete wrongness of sexually acting out against children, so they painfully but dutifully deny themselves a sexual life.

In my opinion, with a career of seeking to protect children from child molesters behind me, I believe these successfully restrained people should be commended for this, particularly when their concern is more for the children they might harm as it is for the legal or societal consequences they might face. Certainly, they should not be further marginalized, ostracized, or hated. But regardless of how balanced any appeal to common sense or baseline compassion might be, hatred and viciousness are usually what pedophiles encounter.

And so they remain in the shadows, untreated and more deeply misunderstood.

We still have almost no idea what causes pedophilia; correlations between childhood experiences (abusive or non-abusive) have been at best inconclusive. If it’s genetic, we’ve yet to discover a traceable etiology. We know that the vast majority of victims of childhood sexual abuse do not turn around themselves and abuse later in life or “become” pedophiles. Rather, it seems more ingrained, but we don’t know why or how.  We also know that, while most confirmed abusers will claim past sexual abuse, even the threat of a polygraph exam during treatment will bring those claims far down.

So we’re dealing with a very dangerous mystery. But largely as a society, we’re interested in nothing but punishing pedophiles, regardless of their actual status as offenders. If they have this desire, too many of us seem to believe that they’re worthy of the worst we can legally (or otherwise) dish out to them.

The comments to Dr. Margo Kaplan’s piece in the NYT are enlightening in this regard. While some applaud her for her courage in being a voice of reason, many more seem to fall into a couple of categories that, while understandable to some degree, are irrelevant. First, there are commenters who simply make legally and psychologically incorrect assertions, and lump pedophiles into the far larger subset of child molesters, most of whom are not pedophiles. Second, there are woefully unfocused comments that address the harm done to the victims of pedophiles (or people they assume are pedophiles) with no further thought.

Focusing on victims and prevention of harm is more than understandable; it’s completely appropriate and it needs to continue to be our highest priority. But we must also understand what drives offending- particularly when the drive is so despised that passion chokes that understanding.

Again- most predatory, sexual offenders are not pedophiles. The word is grossly overused and misused. Regardless, there are harmful pedophiles in our midst. We need to stop them, but in order to do so, we need to understand them.

Blind hatred won’t help. Blind hatred never helps anything.

 

 

 

Blackness and Corporal Punishment: Understandable Concerns Against Necessary Intervention

About a week ago I published a piece on what I believe is the essential wrongfulness of corporal punishment. Since then I’ve had several discussions with well-meaning and thoughtful people of color who to tend to agree with me in principle, but who also think I’m failing to appreciate some very important nuances involved. Bluntly, it’s been about how we judge- and are judging particularly in the wake of the Adrian Peterson case- black folk for the kind of parenting that has been deemed sad but also necessary for generations.

I’ve heard that I cannot possibly relate to the experience of a black person in this country, whether now or 300 years ago. This is true. I’ve heard that beating children was often done out of love and desperation until shockingly recently, because deeply loving parents of black boys in particular would rather instill fear in them than bury them, because that fear- of a white woman, a white sheriff, and a host of other things- was not present. I’ve heard that there is a still a basis for some of those fears even today. These things are also true.

Underneath it all, I’ve perceived this tone from several people of color, assuming I can put it fairly into my own words: It should not be the added prerogative of a (still) white-controlled society and criminal justice system to decide that black folk are even more criminally liable than they were before, this time for parenting as they have seen necessary for generations- particularly when it was that oppressive white society that created the need for such discipline in the first place.

In plain speech, how the hell is it just or correct that the centuries-old terrorism of white people over black people now gets to be used against them when they beat their children out of the love and fear that said terrorism created?

I really can’t argue with that. But I have to.

First, although the criminal justice system I used to actively participate in was then and is still deeply flawed, it’s the only one we have. Every decision maker in the system- cops, prosecutors, judges, probation officers, etc, need to be aware of the institutional racism and bias we can’t even fully recognize in ourselves. Although this certainly doesn’t apply to people of color in the system itself (black jurists and investigators, etc) as much as it does to people like me, it can apply to some extent. Bias is universal. We all need to be kept in check one way or another.

I don’t believe that all forms of corporal punishment should be outlawed in any event. I just think it’s wrong and unnecessary in any form. But the laws in place in every state I know of (the National Center for the Prosecution of Child Abuse has some excellent compilations of state statutes) are fairly reasonable where the line between discipline and abuse is concerned. When crossed, it should be addressed by the civil child protection system and the criminal law.

Secondly, to confront child abuse is to understand that culture and tradition, however justified or necessary, can be used as a cruel cover. Simply put, there are people of every imaginable ethnic background who beat children not out of fear, but because they are lazy parents, or worse, because they are acting cruelly as a result of a variety of reasons, from misplaced rage to pure amusement, and using cultural support as a convenient excuse.

To the extent that anyone is unfairly using the once necessary and unfortunate but largely love-based traditions of black families against them (legally or otherwise), I agree there is a problem. The devil is in the details, but those circumstances can and should be considered when we respond to what we call child abuse. We’ve found enough reasons to jail black men in particular. I can appreciate why it seems so deeply offensive for people who look like me to suggest yet another reason for doing so.

But first and foremost, the infliction of physical pain on every child should be stopped and condemned if not made categorically illegal. History and truth matter. But children matter more.

Adrian Peterson, Culture, and Why Wrong is Still Wrong

Corporal punishment is wrong. Brutal corporal punishment of the kind Adrian Peterson is suspected of wielding against a 4 year-old child is both wrong and thankfully illegal.

But what about cultural norms- like the one espoused by Charles Barkley recently- that claim acceptance for ‘whipping,’ and imply that an unfair standard could be wielded against a traditionally oppressed minority? The answer is that those concerns are understandable. But ultimately they are excuses. And cultural excuses do not legally or morally excuse child abuse.

I was spanked (and occasionally, although rarely, worse). It was the wrong thing to do. I hold no resentment against my parents for it; they were doing the best they could with the resources and insight they had at the time. They have been honorable, loving and supportive otherwise, and gave us the tools we needed to navigate life in a largely healthy and successful manner. But the fact remains: Hitting us was unnecessary, and ultimately did more harm than good.

I have friends who remain conflicted about the value of spanking (either in terms of how it influenced them or how it might be appropriate for their children). One concern I hear is that the choice to spank could lead them to be considered ‘criminals.’ Or, if they were spanked, that their parents- most of whom were loving and decent otherwise- could be considered ‘criminal’ in retrospect.

But the issue is not a legal one when it comes to spanking within limits. This remains lawful in all states and will likely continue as such. The ‘limits’ are usually that visible marks may not be left. Generally, you can cause pain or discomfort with a hand or an object such as a paddle, but you cannot significantly bruise or scar your child.

Many of us had parents who did bruise or scar us, though. Often, they were decent, loving parents in every other important respect. But if they exceeded the limits of what is criminal today, they were dreadfully wrong, period. Of course they’re not in danger of criminal liability in most cases, and in most cases they shouldn’t be. But we can still acknowledge their failings, albeit in the context of a very different life. For those of us who were spanked within legal limits, in a planned, non-angry context (the ‘gold standard’ for corporal punishment), we can be confident and thankful that we were, in all likelihood, not deeply or permanently harmed by the experience.

Regardless, that experience is not necessary. And the risks outweigh the benefits.

The bottom line seems to be that there is conflicting evidence on whether spanking is hurtful and leads to more aggression, anger, dysfunction, etc. But I know of no evidence suggesting that hitting children has measurably positive outcomes, particularly in light of the physical and psychological risks (my mentor Victor Vieth wrote a great law review article on the subject).

What lingers in distinct cultural and groups and minorities, of course, is this uncomfortable notion: A form of discipline that many among them have practiced for ages will now be criminalized by the majority population. Particularly since that majority lacks a pattern of respect and fair-dealing with the minority, this is understandable. To some in minority communities (many of which are disadvantaged and disenfranchised), the threat of a powerful and moneyed majority seeking to criminalize them further for what’s always been done strikes them as unseemly, to say the least. There are also members of strict religious communities who cite scripture in support of hitting children. They, too, will understandably be concerned about a secular majority imposing its views on them despite what they believe is God-ordained.

I don’t blame either group one bit.

But still, hitting children is wrong. Objectively and essentially so. In extreme forms, like the one doled out to a toddler by Peterson, it’s rightfully condemned and legally prohibited. In mild forms, it will likely not be criminalized in the U.S. for a long time, if ever. But either way, it should be condemned and phased out permanently, regardless of cultural identity or religious imperative. The reason is simple: There is one thing which must trump cultural or religious sentiment- the welfare of individual children.

 

 

Proposed Changes to Military Preliminary Hearings: Reasonable, Easily Implemented, and Sorely Needed

While I believe Congress should pass the Military Justice Improvement Act, there’s a far more easily implemented change being urged on the President that should meet little resistance. But even it is considered “radical” in some military circles. Recently, a Navy Times article focused on proposed changes to Article 32 hearings, which under the Uniform Code of Military Justice operate like preliminary hearings in civilian systems. The “32,” as JAGs typically refer to it, is a less formal hearing where evidence is presented to a neutral investigating officer. That officer then makes a recommendation about the case to the Convening Authority, that is, a commander (usually a general officer) who then makes the final decision as to whether the case is “referred” for court martial.

The changes- implementable by the President- are being proposed specifically for the enhanced protection of complainants in sexual assault cases; the need for them became apparent to reformers particularly after the exhausting, multi-day examination of a Naval Academy midshipman involved in a rape case against three classmates late this summer. The changes are sorely needed, in least in terms of how Article 32 hearings often play out in sexual violence cases, and they are eminently reasonable. 

Yet the language used in the article is perhaps a measure of how concerning any change to the military justice system is to insiders. The reporter describes the proposal as a “major reform” and a “radical overhaul” of the process. It is neither.

The officer who presides over the Article 32 hearing listens to evidence, prepares a summary of the testimony, and gives recommendations for disposition to the Convening Authority. At present, there is no requirement that the investigating officer in an Article 32 hearing be a military judge. Or a JAG. Or someone with any legal training at all. The I.O. can be simply another officer uninvolved with the case, meaning a company commander in an artillery brigade, a signal corps officer, or one of any other specialty.

For many UCMJ offenses,  this is not a matter of concern. The idea of the Article 32 hearing is to allow for a neutral party in the officer corps to consider the matter before a commander at a much higher level considers whether to convene a court martial around it. That officer doesn’t have to be legally trained, in many cases, to competently consider facts and listen to witnesses.

But sexual assault cases are unique and difficult to adjudicate fairly. This is particularly true when they involve (as they almost always do) circumstances like parties known to each other, alcohol consumption, or counter-intuitive behavior like delayed reporting or post-assault communication. Aggressive defense attorneys, bound by ethics to defend their clients zealously, can and do sometimes take advantage of both the relative informal setting and legal inexperience of the I.O. to ask questions of complainants that would not be permissible in a court martial.

In the extreme, this can amount to a strategy of harassment in hopes of improperly discouraging a victim from continuing with a prosecution. Certainly not all defense attorneys plan this kind of legal attack, but without an adjudicator that is familiar with the limits of the law, aggressive and improper questioning can go unchecked even when prosecutors object. I.O.s can seek legal assistance during an investigation, but they don’t have to. Further, defense attorneys may actually outrank both the prosecutor and the I.O, adding a further complicating dynamic. Senator Boxer and co-sponsors (Senator Blumenthal and Congresswoman Speier) are asking the President to formalize the Article 32 process so it mirrors more closely preliminary hearings in Federal courts. This is not too much to ask.

I’ve been told by JAG friends in other services that military judges are regularly utilized to oversee Article 32 hearings. My observation of the Army process though, was much different. I personally never saw a military judge assigned to an Article 32 hearing, and knew of only one or two cases when a JAG presided over one.

Military-wide, the process should be tightened to guarantee that justice for both parties is best approached, and in exactly the way that American criminal procedure provides: By guaranteeing that legally trained professionals who know the rules will also enforce them.

Arizona’s Immigration Law: Unintended Consequences and Victimization

From a recent article I wrote  for Dissent Magazine:

Arizona’s controversial anti-immigrant legislation went into effect July 1, and whether you approve of it or not, you can be sure that it makes many criminals happy.

Professional predators often seek out individuals who won’t be believed if they dare to report crimes: those with mental health issues, disabilities, economic difficulties, or other actual or perceived characteristics that isolate or disenfranchise them. But few targets are more tempting to a predator than a person who simply won’t report at all. Hence, immigrant populations are great places to hunt.

Read the rest of the article at Dissent.