Pedophilia — to Treat or to Punish?

Abstract

A strong public reaction to sex offences against minors under 14 results in a stricter criminal law policy towards offenders. One of the key changes to Russian criminal legislation has been breaking all subjects of such crimes into two groups. The first group is comprised of people over 18 who have committed sex offences against minors and suffer from pedophilia without diminished responsibility. The second group includes other persons who have committed sex offences against minors. The paper examines specific features of sex offences committed by persons with pedophilia without diminished responsibility. It is noted that not all persons who commit sex offences against minors under 14 are pedophiles. The author discusses the inaccuracy made by lawmakers in determining the criteria of sexual preference disorder of pedophilia and connected with the ages of the victim and the offender. Pedophilia as a sexual preference disorder is diagnosed in people over 16 who have been suffering for at least six months from systemic (constant) urges, attraction and fantasies involving underage children (13 and under), with at least a five-year difference with the victim. Such persons are ruled sane but subject to compulsory medical treatment if they commit sexual offences against minors. As sexual preference disorders cannot be reduced to pedophilia, the author proves that the phrase «sexual preference disorder (pedophilia)» is used inappropriately in Russian legislation. The author also argues that it should be eliminated from the criminal legislation as an independent reason for using compulsory medical treatment for persons who, being over 18, have committed a sex offence against minors under 14 and suffer from pedophilia without diminished responsibility.