UDC 343.549

PAEDOPHILIA: CRIME AND PUNISHMENT

Filatova Adelina Andreevna
Vladimir state University named after Alexander and Nicholas stoletovs
Law Institute

Abstract
Pedophilia is terrible phenomenon in any of its manifestation, and, unfortunately, acutely progressive in the modern world. This paper briefly considers the position of the specialists in the field of psychology and sexology, and the attitude to this phenomenon by the legislative and Executive authorities. Undoubtedly, paedophilia should be subjected to a ban. It is also clear that a need for a strong legal framework and preventive measures aimed at prevention of crimes against minors.

Article reference:
Filatova A.A. Paedophilia: crime and punishment // Politics, State and Law. 2014. № 1 [Electronic journal]. URL: https://politika.snauka.ru/en/2014/01/1225

View this article in Russian

Pedophilia is a mental disorder, a form of sexual deviations, i.e. sexual attraction towards children (boys and girls) under the minor’s age. According to the Russian sexologist V.I. Zdravomyslova, pedophilia should be considered in two aspects: in the narrow sense of the love of boys, and in the broader love to girls. However, most often the victims of sexual violence are girls.

It should be noted that paedophilia is a medical and сексологическим term, but not as not legal. However, in law there is a lot of crimes against the sexual inviolability of minors and persons committed such crimes fall under the signs of pedophilia. Paedophilia is often discovered in males. Today pedophilia criminalise on the grounds of sexual nature, however, the majority of pedophiles implements its inclinations, perusing pornography on the Internet, represent their sexual fantasies, when dealing with children or demonstrate pornographic materials to a child.

According to a sexologist A.A. Tkachenko, participation of children’s images in the sexual life of those who suffer from such fantasies excitement, not always implement a sexual assault. It should be said that not all criminals committing crimes of sexual violence against minors, are pedophiles. More often male pedophiles became victims of sex crimes in the past.

According to J.. Abel and N. Harlow, pedophilia is a mental disorder, which is formed from an early age and later expressed in a sexual приставании to young children. A serious psychological disorder can be expressed in injury to the child’s mind, which was accompanied with use of violence against the child.

However, there is the opinion among modern experts that any sexual activity with a minor are sexual violence. Thus, according to the world Health Organization, sexual violence will be when an adult uses a minor for sexual satisfaction. Sexual abuse in childhood can lead to various physical and psychological consequences. The physical consequences will treat injuries and damage to internal organs, which sometimes lead to death of the child, as well as various diseases sexually transmitted diseases. Psychological effects often cause depression, anxiety, low self-esteem, as well as post-traumatic stress disorder. This opinion is shared by V.I. Zdravomyslov who notes that the seduction of a minor leads to serious deviations of the child’s mind.

According to Professor Igor Semenovich Kona, when you try to restore the child’s psyche and find out if they used to-child acts of a sexual nature, not all the memories of the injured child’s mind, are accurate. He also pointed to the fact that children are not in all cases are victims of abuse or sexual activity and is not always perceived as aggressive. For example, sooner developed as children or teenagers, unconsciously and consciously provoke sexual contact.

In recent years, Russia increasingly have committed sexual offences against minors. This theme is actual for modern Russian society and on it there are different opinions of the opponents of this phenomenon. But there are community pedophiles called themselves бойлаверы (boylover) and герлайверы (girllover) so-called lovers of boys and girls who do not see, not what is illegal. Such a view is held by the promoter of pedophilia Gennady Borisovich Deryagin, which in his writings writes that pedophilia is not a crime, and «the right of adults to engage voluntary sex with children», such an opinion has led to a public scandal.

In 2011, the state Duma introduced bills to chemical castration and special electronic collars for pedophiles, but they do not подержались the state Duma due to the high level of expenses. However, in 2012 was adopted and approved by the Federation Council of the Federal law «On amendments to the criminal code of the Russian Federation and certain legislative acts of the Russian Federation in order to strengthen the penalties for sexual offences committed against minors» in which was included the item on chemical castration.

In accordance with the law provides for a special procedure of application of medical measures to persons who have committed sexual offences against minors is appointed forensic psychiatric expert examination, and to the persons, suffering pedophilia, the court appoints an observation by a psychiatrist during imprisonment and after. To paedophiles, used chemical castration and preventive medications. Grounds for the application of such measures is the decision of the court and the conclusion of the forensic – psychiatric examination.

According to the head of the laboratory of forensic sexology, Center of a name Serbian Professor George Vvedensky, pedophilia is a disease and necessary to treat together with criminal penalties, and without it. Vvedensky offers prepare psychiatrists for the treatment of pedophilia. According to him, criminal penalties cannot reduce crimes against minors, but in time that treatment will help improve the safety of children.

Under the current Criminal law, the younger the child is, the more will be the punishment and above term of criminal liability applicable to pedophiles. So sexual intercourse with a minor is punishable by 8 to 15 years and the sexual intercourse with a minor under the age of 12 years is punishable by imprisonment for up to 15 years. The violent actions of sexual nature in relation to a minor under 14 years pedophile will get up to 7 years in case of death of the child, and any acts of a sexual nature involving the use of violence or threat, the punishment will be imprisonment for a term of 12 to 20 years. Made as addenda in article 47 of the criminal code, according to which the court may prohibit a pedophile to hold certain posts or practice certain activities for the term up to 20 years. Also exists in article 97 of the criminal code concerning the application of medical measures to the person over the age of eighteen years who committed a crime in the relations of the minor (not attained fourteen years of age), suffering sexual preference (pedophilia) not исключающею sanity.


References
  1. Дерягин Г.Б. “Криминальная сексология”. Курс лекций для юридических факультетов.- М., Московский университет МВД РФ, Из-во «Щит-М», 2008 г., стр.497-518.
  2. http://www.pedoisteria.ru/ педофилия в современном обществе
  3. Всемирная Организация Здравоохранения. Насилие и его влияние на здоровье. Доклад о ситуации в мире / Под ред. Этьенна Г. Круга и др. / Пер. с англ. — М: Издательство «Весь Мир», 2003. — 376 с. ISBN 5-7777-0225-2


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