Wednesday, October 8, 2014

NY Times columnist: Give civil rights protections to pedophiles

Margot Kaplan, an Associate Professor at Rutgers School of Law, thinks that the Americans with Disabilities Act should be broadened to include pedophiles.  She even wrote a column stating her ideas that appeared on the pages of the New York Times



THINK back to your first childhood crush. Maybe it was a classmate or a friend next door. Most likely, through school and into adulthood, your affections continued to focus on others in your approximate age group. But imagine if they did not.

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. (KF note: and the female population?)

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. (KF note: So if its neurological in terms of cause, can it really be treated? There is a reason there is a 90% recidivism rate.)

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. Many feel isolated; some contemplate suicide. The psychologist Jesse Bering, author of “Perv: The Sexual Deviant in All of Us,” writes that people with pedophilia “aren’t living their lives in the closet; they’re eternally hunkered down in a panic room.”.....

OK, treatment instead of incarceration... we get the point. There can even be a valid argument made for the prevention aspect of this problem. Few would argue against preventing child molesting if it meant saving more children.   However, the next paragraph shows where she is going:

The Americans With Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination against otherwise qualified individuals with mental disabilities, in areas such as employment, education and medical care. Congress, however, explicitly excluded pedophilia from protection under these two crucial laws.

It’s time to revisit these categorical exclusions. Without legal protection, a pedophile cannot risk seeking treatment or disclosing his status to anyone for support. He could lose his job, and future job prospects, if he is seen at a group-therapy session, asks for a reasonable accommodation to take medication or see a psychiatrist, or requests a limit in his interaction with children. Isolating individuals from appropriate employment and treatment only increases their risk of committing a crime.

There’s no question that the extension of civil rights protections to people with pedophilia must be weighed against the health and safety needs of others, especially kids. It stands to reason that a pedophile should not be hired as a grade-school teacher. But both the A.D.A. and the Rehabilitation Act contain exemptions for people who are “not otherwise qualified” for a job or who pose “a direct threat to the health and safety of others” that can’t be eliminated by a reasonable accommodation. (This is why employers don’t have to hire blind bus drivers or mentally unstable security guards.)

The direct-threat analysis rejects the idea that employers can rely on generalizations; they must assess the specific case and rely on evidence, not presuppositions. Those who worry that employers would be compelled to hire dangerous pedophiles should look to H.I.V. case law, where for years courts were highly conservative, erring on the side of finding a direct threat, even into the late 1990s, when medical authorities were in agreement that people with H.I.V. could work safely in, for example, food services. (Because pedophilia is the same thing as contracting the HIV virus.).

Removing the pedophilia exclusion would not undermine criminal justice or its role in responding to child abuse. It would not make it easier, for example, for someone accused of child molestation to plead not guilty by reason of insanity.

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.

Ooooooook.  Where she is going is she wants to use the ADA to give the same protections to a pedophile as those enjoyed by someone who is in a wheelchair.   Naturally that would apply to the Fair Housing Act and other laws. Ugh.  Rest of column.

14 comments:

Anonymous said...

"No! Gay marriage will not be a slippery slope! How dare you suggest that other perversions will become more acceptable the harder we push the envelope, you homophobe!"

There have already been similar pushes for polygamy. Bestiality is coming, too. And all these groups will find the Democrat party lining up to champion them, because with Democrats, morals are irrelevant. It's all about votes.

Anonymous said...

This woman needs guidance. I offer this quote from a great American in hopes that it will help guide her in her time of need. "Lord, please pray for the soul of this bitch and guide my pimp hand and make it strong so that she might learn a ho's place." -Pimp Slickback

Anonymous said...

I think her point is that a diagnosis of pedophilia should not be a disqualification for, say, working the assembly line at the Nissan plant. To that point, I don't think the ADA is irrelevant.

From what I've learned from a friend who's been involved in the paroles process, she's right that there's a difference between pedophilia and molestation. But I would weigh it differently than the author does.

IIRC, molestation is typically a crime of opportunity by someone whose normal orientation is to adults. Pedophiles really are attracted only to children, which - at least when they commit such crimes - makes it very difficult to justify releasing them.

We don't understand the condition well enough to feel any confidence that we've rehabilitated any given pedophile who has demonstrated a lack of ability to control himself.

Anonymous said...

All pedophiles should be shot dead.

Anonymous said...

But Justin and Eddie are so outspoken

Anonymous said...

This book is an interesting read http://www.amazon.com/Homosexuality-Politics-Truth-Jeffrey-Satinover/dp/080105625X. It details in Ch. 1 how the Amer. Psy. Assoc began in 1972 dismantling the perceived notions of Homosexulaity asa mental disorder. I am not one for slippery slope arguments, but in this case we see the slope for accepting deviant behavior getting steeper. When do we stand up and say enough is enough.

Anonymous said...

I believe Pimp Slickback, second commenter, has the correct solution.

Anonymous said...

Against pedophilia, in favor of beating women. Niiiice.

Anonymous said...

This clown makes an idiot like Rick Santorum seem like a visionary, prophet and seer (remember his predictions of "man on dog" sex? It's coming eventually).

Anonymous said...

I wish the most respected members of the legal community and the most respected members of the psychiatric community would get together and make recommendations on how to better dovetail our laws to the progress in the scientific knowledge about mental illness.

The law has created a terrible problem in an attempt to protect individual rights.

That problem is the access to help for the mentally ill and their families is practically non-existent until a mentally ill person hurts themselves or someone else and then the result is tragedy and imprisonment.

The lawyer writing this article is obviously still ignorant about pedophilia. It is not the attraction that defines the mental illness but inability to control impulses and desire to overpower and control those who are vulnerable and the pleasure derived from invoking fear.





Anonymous said...

"It is not the attraction that defines the mental illness"

Disagree. The attraction itself is abnormal. Unless you want to argue that being turned on by 5-year-olds is cool.

Anonymous said...

Given a 90% recidivism rate, given the horrific nature of the offense on a child, I do not understand why castration is considered cruel and unusual; sane and appropriate is the best description. But alas, sanity will not prevail, the LGTB lobby will win the today and Pedophiles will eventually become the media darlings that LGTBs are today.

And human life will become cheaper and cheaper.

Anonymous said...

Anyone remember the time when we didn't give voice to those who exhibited aberrant behavior(s)? Ever wonder why so much of this sick shit goes on these days? I think the two are closely intertwined.

The fact is, we're not shocked by anything any more. St. Valentine's Massacre? 7 or so people killed back then was national news....now, it's a slow week night in Chicago. Someone's child is abducted 50 years ago? National news. Now? The parents shouldn't have let them go outside in their own yard. And even smaller things: unwed mothers? Celebrated. Food Stamps? This administration is ENCOURAGING people to get on them. Work? That's for suckers.

The fact is, everyone has the "right" to do whatever they want to. It's the good of the individual over the good of society. Plus, we now give voice to anyone and everyone. Just 25 short years ago it would have been unthikable to see the homosexual community involved in what they're doing now. We'll be saying that 25 years from now about the pedophiles. 25 years later, we'll be saying the same thing about the animal necrophiliacs.

You think I'm wrong. Hide and watch.

Anonymous said...

When there are no moral absolutes, everything becomes acceptable.


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