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Showing posts with label incest. Show all posts
Showing posts with label incest. Show all posts

Tuesday, 19 July 2011

Sex, Lies and Society Part IX


Family, Ritual and Networks

The Outreau abuse trial started in 2000 and lasted until December of 2005 where over 66 adults were accused of raping, sexually abusing and prostituting 45 children between January 1999 and February 2002. The incidents took place on a poverty stricken council estate “in a chronically deprived community.” 1 

Many of the accused were said to have been innocent of the crimes, with just four of the 17 men and women originally charged found guilty. What was deemed as evidence was later said – perhaps conveniently – to be no more than the imaginings of Myriam Delay and the wild inventions of other children. As well as crucial evidence that was never heard in court which would have exonerated many of the accused, most of the 13 suspects who continued to plead their innocence were placed in detention in 2001. In the beginning of 2006 President Jacque Chirac called the case of the Outreau 13 “…as an unprecedented judicial disaster…” 2

France has been repeatedly criticised by the European Court of Human Rights and campaign groups for its pre-trial detention that can last up to five years. Many lost their jobs and saw their children taken into care.

The case has revealed serious flaws in France’s judicial system, which should never have allowed most of the cases to come to court. This can only benefit those who commit the crimes and serves to feed the idea that much of the organized paedophilia and sexual abuse are children’s fantasies. It underlines just how difficult it is to obtain prosecutions of high level networks if isolated groupings within society are loaded with problems. It remains disturbing however, that Miriam Delay on 10th day of her trial, suddenly admits to fabricating much of the story concerning tales of gang rapes and a child prostitution ring based in her home.
After a trial that shattered lives of 18 people accused in case, with one committing suicide and others losing custody of their children it begs the question was it all lies? The answer is no. There were cases of abuse. Delay’s retraction appeared to prove that no “commercial” bartering of “services” was organised.

Yet what are we to make of the trial that followed a few months later and which bore a remarkable resemblance to he Outreau trail? It was “one of the country's biggest criminal trials, and the largest paedophile trial held in France” 66 men and women faced “charges of rape and child sex abuse on 45 children, some of them their own. The abuse is alleged to have taken place over three years between 1999 and 2002 in the western town of Angers.”

The Deputy public prosecutor Herve Lollic told the AFP news agency: “We are certain of not having identified all the victims and it is probable that we have not identified all the aggressors,” which doesn’t inspire the greatest confidence that justice would be done. However, by July 2005 videotaped testimony of the children provided “horrific details of abuse” which took place between 1999 and 2002. Charges were brought against an intra familial paedophile ring in a poor area of a town in western France. ‘These were people in difficulty, excluded from normal society, who found each other. And for them, everything was sexualised,’ said one local news journalist.  Another expert at the trial mentioned that ‘these were people who were unable to manage their sexual impulses. And nobody told them these things shouldn't be done …’ 3

After so many cases of abuse in the last 20 years it is almost understandable that social workers are trying to cultivate due caution but at the same time suitable vigilance. This may have accounted for the fact that 21 of the 23 families in the case had been monitored by French social workers after the first report in 1999, but the investigation only began in earnest in 2002. This seems to be yet another instance of gross mismanagement or criminal apathy in light of the severity of the abuse. The Deputy public prosecutor said “…I fear that these things do not just happen in Angers…” 

With such painfully slow realisations forming at this late stage it is no wonder that intra-familial abuse and other forms of exploitation continue to rise in society. Where cases of intra-generational abuse occur, how does one penetrate the wall of secrecy set up as a natural course by the victims and perpetrators alike? When these walls are finally broken down, the methods adopted often lead to fatal flaws that see the wrong persons accused and caught up in the ensuing and very slippery shadows, which then causes suspicion and accusations to all, regardless of tangible evidence.

 From the UK to the US and things are no better. Children are suffering unnecessarily as victims only to become further victims of court ineptitude and cultural and personal bias resulting in families being broken up and effectively destroyed. Meanwhile, the real abusers continue to get away quite literally, with murder.

From a series of life history interviews conducted by Sara Scott PhD from the Department of Sociology and Social Work at the University Liverpool, UK, the stories from one particular family detail a history of “violence, cruelty and sexual abuse.” One interviewee responded to a question about her uncle and abuse:
  
… once I was at boarding school he used to have to pick up us up from the airport and stay over night and going back to school and things like that; he used to abuse then a fair bit…. My uncle in many ways was like my dad. He’d come across as a very nice bloke, good laugh and a joke. They managed to do what my parents had done, build up and image of everything’s fine, nothing’s wrong… ‘We’re the perfect family.’  My uncle has a daughter and four grandchildren – at least one I know that’s been abused.  I’m almost certain he’s abused his own daughter, he abused my sister, he abused my dad… very much into abusing people.
          
He abused you dad when he was young? 

Yeah, from what I can gather from what my sister’s told me from when he was fairly young until his teens. Quite badly abused my dad, because of the 18 years [between them]. 4 
Scott goes onto emphasize the “ordinary” and “routine” nature of such abuse which existed in these families. Abuse began when the children were infants where it was so much part of their formative years that it became normalized:

[Kate]: Yeah, I can remember what I call normal abuse… which basically didn’t have any cult meaning, it was just my father. That was pretty much a regular occurrence as much as eating my meals actually. I can’t really distinguish particularly… It would happen at home or used to take me for walks in the park… anywhere really… I don’t think it really bothered him at all. […]

[Sinead:] As soon as I saw my mum each day I would get bath. And my mum used to pay particular attention to my private parts. She would wash me quite roughly and insert her fingers inside me. Sometimes my dad would help and he would help, and he would do the same thing. That must  of gone on since I was born really. I do remember my dad would quite often insert things inside me, his hand was a favourite. It got to be normal, I just used to relax, it didn’t hurt so much. It was so ordinary, I didn’t think: ‘O, my God, what are they doing?’ That went on till I went to school. 5
It seems to be true with many cases of intra-familial abuse that emotional cruelty and degradation also featured to a greater or lesser degree. In the case of the above middle class English family such instances included: “….pissing on me when I was in bath and putting my head down the toilet and putting faeces in my mouth. Nice, you know, nice things like that… I hate him.” 6
 
Far from being merely a product of dysfunctional family, incest is obviously carried out most often by parents committing rape upon their own child which tends to cut through the psychoanalysis double-speak of “parents loving too much” or the “failure of family obligations.” 7

If we look to the internet there are ample opportunities for those to find others who are attempting to make incest acceptable along with paedophilia. As with most forms of deviancy of the kind that includes bestiality, Sadomasochism and fetishes of all types the internet provides a homogenous and anonymous entry into all manner of fantasy that is attempting to slip from pathology to normalcy. There are even chat-rooms and websites that are de facto support groups for people engaged in incest. Ideas that advocate a better understanding of consensual sex between “kin”, blur the line yet again between the complexities of father-daughter relationships for example, where perhaps the only way to find a proper relationship is to give in to the adult’s manipulations -  sex being the only way to gain attention or “love.” However, our concern here is for the child for whom the idea of consent, when confronted by the father or mother in such cases is a cruel abstraction devoid of any meaning. It can only be a form of parental rape at this stage and it must be prosecuted as such. 

In the UK the old offence of incest was replaced with a more modern law that prohibits sexual relations between children under 18 and their blood relations, adoptive parents and siblings, step-parents, foster carers and those in a position of responsibility in the family. The “position of responsibility” covers people such as a friend of the child's mother, a relative by marriage, such as an uncle, or another adult that lives in the same household. Whereas in the New York, US, the penalty for those who molest an unrelated child differs greatly with the penalty for those who molest children to whom they are related. One may ask what is worse? A stranger who rapes a child or the child’s own father committing the crime? There is surely something even more abhorrent about a father or mother betraying such trust which is, after all, about satisfying their own desire at the expense of their own flesh and blood. 

Not so, overseas. Sex with a child under the age of 11 is a Class B felony, punishable by up to 25 years in prison. If, however, the sexually abused child is closely related to the perpetrator, state law ensures significantly more lenient treatment, to the extent that the prosecutor may choose to charge the same acts as incest. The problem being this is not listed as a sex offence, but as an “offense affecting the marital relationship,”  8  It is therefore a Class E felony, whereby even a convicted offender may be granted probation. 

Imagine how useful a political tool this has become for the high-flying family man with a supercharged career and a penchant for abusing his children as he climbs the ladder to the top? Find the right lawyer, pay the money and rely on incest loopholes to finish the job. Such inconsistencies are not so surprising when we look at some of the definitions of sexual practices in law.

In the State of North Carolina orgies are defined as “7 people in a closed room with their feet off of the ground.” Necrophilia (sex with corpses) was not illegal in Iowa until the late 1980s, then it is little wonder that child abuse and the courts are in such chaos.  Similar eccentric laws exist in many Southern States.

Regardless of the precise statistics of each category we can be sure that the prevalence of familial abuse and sexual abuse in general, is not decreasing, though crime in general may well be on the decrease. Either way, if we go back to the US in 1970 the results of one study recorded 86,324 persons arrested for sexual offences. In 1986, 168,579 persons were arrested for sexual offences which are almost double the number. The United States Department of Justice recorded in 1981 and 1989 respectively, that from 1970 to 1979 the rate of increase for sexual offences, other than forcible rape and prostitution was 5 percent. From 1979 to 1988 the rate of increase for these offences was 44.5 percent. 9 Therefore, we can make the tentative observation that the single largest group in our prison population may be those convicted of sexual offences, second only to drug offences. 

It is also worth noting that the high rate of physical and sexual abuse (including rape and violence within the family) will induce post traumatic stress disorder (PTSD) in children in particular, especially where genital pain is involved. This becomes understandable when we realise that an estimated 61percent of violent sex offenders in State prisons have a prior conviction history and a further estimate of 1 in 4 imprisoned rape and sexual assault offenders with dominant past histories of violent crime, with 1 in 7 having been previously convicted of a violent sex crime. 10 Child abusers who have been known to re-offend as late as 20 years following release into the community, this is not a problem that will disappear with sporadic under-funded, community-based supervision and management. This is a problem that goes very deep indeed into all aspects of social systems: economics, politics, and education.

Female sexual abuse is another taboo. Women in society are seen as the carers, nurturers and protectors. To accept that some women also abuse, whether sexually physically is therefore a strong taboo and all taboos have a paucity of research and data. As always, this too creates tensions between child advocates, agencies and feminist groups who fear that it will feed into the already difficult plight of women in society generally not least the arena of abuse. 

With the use of force and coercion to maintain power, women will, to some degree necessarily be a part of that, albeit in significantly lower figures than the male. Women are largely still barred from positions of responsibility and influence where patriarchy still dominates over gender, race, class, sexual orientation, physical and mental health. Therefore, the suppression of the feminine as we have seen is almost an unconscious given. 

There is one theory that suggests that women frequently abuse children physically rather than sexually. This is the most readily available individual, or individuals to whom the abuser can claim to exert control and retain that power normally denied to them, especially within a fragmented and disintegrating home environment where pathologies tend to manifest. 11 This however, could be a case of social science being too flexible. Perhaps it is a simple case of sadistic narcissism or psychopathy exerting its will. 

Examples of female sexual abuse fall into distinct categories including: teachers who are involved with adolescent and/or pre-pubescent boys or consider themselves “in love” and/or want to teach them about sex; 12 Women who are coerced into offending and who are initially abuse dependent i.e. allows another male to initiate the action but can end up abusing on their own; # and abusers who have been sexually abused themselves from a very young age and go on to inflict the same abuse towards their own children. This may not be necessarily aggressive, threatening abuse, rather “a cry for emotional intimacy.” 13

Psychopathy may also play its part where cases are just too pathological to be classed as anything else. The case where a mother feared she would “lose her boyfriend while she recuperated from surgery arranged for her 15-year-old daughter to have sex with him” could be viewed as one example. 14

Though the above suggests there are important differences between male and female abuse, this type of offending, despite the cultural stereotyping of young boys “enjoying it and wanting it” can be just as detrimental creating concerns regarding masculinity, deep-seated anger, fear, betrayal, helplessness, negative attitudes towards relationships with the opposite sex and continuing occurrences of self-blame and guilt. In other words, female sexual abuse, like male abuse, has long term psychological effects that can ruin lives. 

Social service and mental health professionals are unused to the idea that females can and do abuse children making the detection and of such crimes even more difficult. This means that children remain vulnerable to continuing and undetected abuse of this kind. There are estimates that 5 percent of girls and up to 20 percent of boys that have been abused are perpetrated by women, though the tiny amount of data available is less than definitive. 15
 
One programme to broach the subject of female abuse aired in the UK almost ten years ago. “The Sexual Abuse by Women of Children and Teenagers” by the BBC’s social and current affairs series Panorama raised several taboo issues.
16  The programme suggested that though female abuse may still be lower than male abuse, it was vastly underestimated in scope and frequency with up to as many as 250,000 having been abused as children by women in the UK alone. 

Children are not only becoming victims within the family but are also manifesting narcissistic and sociopathic tendencies which have been inflicted upon them. Time and time again within the democracies of so called enveloped countries the young are absorbing and enacting the pathologies of a world that has been forced and coerced into losing its way. There can be no greater barometer than by looking at the plight of children under globalization. There is  something very wrong indeed in our institutions and social systems if the very core of the family is exhibiting symptoms of emotional decay and psychological disorders to the extent that parents, siblings resort to abuse, torture and murder. And when this is discovered serves as a convenient cover for much more extreme networks of abuse within the Establishment classes. This is further exacerbated by a climate of fear placing pressure on parents who are made to feel hypersensitive and over protective of their own children.  The child abuse industry shows no signs of slowing. 


Notes 


1  ‘French paedophile ring case turns into judicial fiasco’ The Guardian, December 2, 2005. 
2  ‘Outrage over innocent 13 jailed in sex abuse scandal’ The Times, January 20, 2006.
3  ‘Child abuse gang horrifies France’ By Sarah Shenker, BBC News, July 27, 2005.
4 The Politics and Experience of Ritual Abuse: Beyond Disbelief By Sara Scott, 2001, published by Open University Press.ISBN 0-335-20419-8. p.66.
5  p.67 (Scott, 2001)  
6 Ibid.
7 Systemic treatment of incest: A therapeutic handbook. T.S Trepper and M. J Barrett, New York: Brunner/Mazel. (1989).
8  ‘The Incest Loophole’ By Andrew Vachss, The New York Times Op-Ed, November 20, 2005.
9 U. S. Department of Justice (1981). Sourcebook of criminal justice statistics-1981. Bureau of Justice Statistics, Washington, D. C. /U. S. Department of Justice (1989). Sourcebook of criminal justice statistics-1989. Bureau of Justice Statistics, Washington, D. C.
10 US Department of Justice, Bureau of Justice Statistics, February 1997.
11 'Unspeakable Acts', Trouble and Strife 2 I (Summer), I3 p. I5 by L. Kelly. 1991.
12 Bridget Mary Nolan , a former Australian teacher was convicted in December 2005 of having sexual intercourse with an underage student at her school. She was sentenced on March 1, 2006 to two years and four months but the which led to a suspended sentence after Nolan entered a $1,000, three-year good behaviour bond. The sentencing judge justified his decision not to hand down a jail sentence due to her showing "genuine remorse." The Australian, January 2006, p. 5./ The Australian. 2 March 2006, p. 3.
13 A woman told investigators that she was “…coaxed into raping her 6-year-old son when her husband threatened to leave will spend the next 16 years in prison….The woman's 30-year-old husband was sentenced …to two concurrent life.” published in The Akron Beacon-Journal, October 5, 2002.
14 ‘Breaking the last taboo: child sexual abuse by female perpetrators’ By Renee Koonin, Australian Social Work journal, Volume 30, No 2. May 1995.
15 A paper: Child Sexual Abuse: New Theory and Research, 'Women as Perpetrators,’ by D. Finkelhor, and D. Russell New York: Free Press. (1984).
16 The Sexual Abuse by Women of Children and Teenagers UK TV Programme, Panorama, BBC1, 10 pm Monday 6th October 1997.     



Monday, 18 July 2011

Sex, Lies and Society Part VIII


Contrary to the belief that rapists are hiding in the bushes or in the shadows  of the parking garage,  almost two-thirds of all rapes were committed by someone who is known to the victim. 73% of sexual assault were perpetrated by a non-stranger — 38% of perpetrators were a friend or acquaintance  of the victim, 28% were an intimate and 7% were another relative. - National Crime Victimization Survey, 2005

One comprehensive report analysed data between 1976 and 1994 and estimated more than 37,000 children had been murdered. 1  In fact, during the same period 1 in 5 child murders were committed by a family member and 1 in 5 child victims were known to be killed by another child. Children under 18 accounted for 11 percent of all murder victims in the US in 1994. Nearly half of these 2,660 child victims were between 15 and 17. In most murders of a young child, a family member killed the child, while in most murders of an older child, age 15 to 17, the perpetrator was an acquaintance to the victim or was unknown to law enforcement authorities.

Keeping to the same statistical research we also find that in family murder of a child 10 percent of victims was age 15 - 17, while in murders by strangers 67 percent of victims were in this age category. Since the mid-1980’s the increases in the number and the rate of murder among 15- to 17-year-olds, particularly among black youth in this age range, outpaced changes in murder in all other age groups. 2  Since 1980, there has been a 15 percent annual average increase in the number of prisoners sentenced –- for violent sexual assault (other than rape) which is “faster than any other category of violent crime and faster than all other categories except drug trafficking.” 3 The majority of these prisoners are young men.

In another survey conducted by Staying with the US Nation Committee for the Prevention of Child Abuse (NCPCA) the steady growth of child abuse over the last ten years was confirmed with the total number of reports across the US increasing by 45 percent since 1987 and the rate of child abuse fatalities similarly increasing by 39 percent since 1985.4  Based on data from all three years, the survey found 82 percent of children were under the age of five while 42 percent were under the age of one at the time of their death.

 Physical violence against children is more prevalent than sexual abuse yet they often they go together. Since the 1970s, the phenomenon of child abuse has been increasing and so too the limits of the extremes that surface:
Head trauma, strangulation and drowning were the most frequent methods of filicide (the killing of a person's own child). Fathers tended to use more active methods, such as striking, squeezing or stabbing; mothers more often drowned, suffocated or gassed their victims. Unusual methods included putting sulfuric acid in a nursing bottle, and biting a child to death. One father put his son on a drill press and drilled a hole through the heart. 5
In a study of child abuse in New York City the incidence of child abuse increased 1026 percent between 1964 and 1974 which ranged from neglect, physical violence, sexual molestation and assault to incest and emotional terrorism. 6 The US Department of Health, Education and Welfare stated: “An epidemic of child abuse is occurring in this country.” 7

Though fluctuating parallel to the number of cases investigated which has dipped of late, similar to the high incidence of missing persons, the increase was in part attributed to a growing awareness from the public and the willingness to report child abuse. Yet the number of total child maltreatment instances that were investigated by state agencies remained constant from 1986 to 1993 for example, but the percentage of cases investigated declined dramatically, suggesting a steady rise. Indeed, the instances of child abuse and neglect almost doubled in those seven years alone totalling more than 2.8 million children. 8

Back in the UK, 1 in 14 children have been violently assaulted by their parents. Incidences of being kicked, punched, choked, burnt or threatened with a knife have been listed as the common attacks within the home. Broken bones, bruising, bites, burns and head injuries were some of the results of this abuse, some of which were carried out by mothers at 52 percent and with fathers at 45 percent. It is almost a given that fathers are assumed to have been responsible for carrying out the vast majority of domestic abuse cases involving children yet many surveys and studies both in the UK and the US seem to prove that this is another myth. Most sexual abuse is carried out by step-fathers and siblings, with poverty and low income families most likely to harbour the abuse. 9, 10
 
One of the most common forms of sexual abuse is that of incest (or intra-familial abuse) remaining one of the most under-reported and least discussed crimes in the US. This is due in part, to the lack of accurate statistics and information borne from the fear and secrecy inherent in such a crime not least the difficulty in gathering such highly sensitive information. Social and familial pressure maintains a strong taboo that is almost impenetrable. The coercion by the abuser and the feelings of guilt and shame further cement the wall of silence.

Research indicates that 46 percent of children who are raped are victims of family members. Incest is traditionally defined as “sexual intercourse between persons too closely related to marry (as between a parent and a child)” yet here too the definition has been expanded to include a sexual abuse by anyone who has “authority or power over the child.”11 The perpetrators of incest may include immediate or extended family members, babysitters, school teachers, scout masters, and priests/ministers. This could be said to be one reason perhaps for the high rates and appears to be a highly dubious expansion of categorization.
The study of a nationally representative sample of state prisoners serving time for violent crime in 1991 revealed that 20 percent of their crimes were committed against children, and three out of four prisoners who victimized a child reported the crime took place in their own home or in the victim’s home. 12

While intra-familial abuse (incest) seems to often cross over into ritual abuse there are cases that are inter-generational and “poly-incestuous” involving parents, grand-parents, aunts and uncles. Sometimes this can extend to over three or four generations or more. 13 Deprived neighbourhoods with poor unemployment and a history of economic hardships also featured in a variety of studies. The “infection” naturally draws in “friends of the family” further increasing the perpetuation of abuse and the likelihood of psychopaths participating further increasing the severity of the effects.

Psychopaths tend to recognize each other “intuitively” and would be attracted to secret clubs or networks of this nature. Much like any microcosm of the macrocosmic principle of Pathocracy – psychopaths go where they can indulge their every whim with impunity, be it in the heart of the family or at the apex of the Establishment. Only the level of cunning, manipulation and charisma dictates where such persons will end up. But if the statistical level of abuse is correct then the damage done to generations of children, some of who may then continue the abuse on their own sons and daughters may begin to rise exponentially.

The already seriously flawed European Justice system was brought into sharp relief with the most recent case of Myriam Delay in France, where although abuse did take place, an extended ring of paedophilia in this case was said to have been absent. “The trial had shattered the lives of 18 people accused in the case, with one committing suicide and others losing custody of their children, while sending France into a paroxysm of soul-searching.”



Notes

1 US Department of Justice · Office of Justice Programs Bureau of Justice Statistics, Crime and Victims Statistics 1998.
2 Statistical data from Yesican.org/
3 US Department of Justice, Bureau of Justice Statistics, February 1997.
4 Nation Committee for the Prevention of Child Abuse (NCPCA) 2000 Annual Fifty State Survey.
5 ‘Child Murder by Parents: A Psychiatric Review of Filicide’ by Philip J. Resnick American Journal of Psychiatry, 1969.
6 Quoted from ‘Child Abuse in America: Slaughter of the Innocents’ By James W. Prescott, Ph.D.From Hustler, October 1977. 
7 Ibid.
8 Survey shows Dramatic Increase in Child Abuse and Neglect 1986-1993 Wednesday, Sept. 18, 1996, Michael Kharfen, US Depart. Of Health and Services, www.acf.dhhs.gov.
9 ‘Revealed: The Truth about Child Sex Abuse in Britain’s Families’ by Jeremy Laurance, The Independent, November 2000.
10 ‘'One in 14' children attacked, BBC News, 19 November, 2000.
11 1990. Secret Survivors: Uncovering Incest and Its Aftereffects in Women, by Sue E. Blume, published by  John Wiley and Sons, New York, NY.
12 The National Center for Victims of Crime (NCVC) ncvc.org.

Saturday, 16 July 2011

Sex, Lies and Society Part VI


“It is no measure of health to be well adjusted to a profoundly sick society.”  - Krishnamurti


Moral Panics and  Neural Circuits

There has been considerable controversy in the West as to what denotes a balanced and natural sexual expression for children. With our culture becoming increasingly “sexualised” on the one hand and made to feel “dirty” and “deviant” on the other, it is little wonder that children are becoming confused and disorientated.

There are factors relating to sexual abuse which are seldom discussed in the media. In any given case, the severity of the abuse, the relational context, the child’s reactions and cultural influences, whether the child comes from a largely loving home or if a past history of abuse plays its part, are some of the considerations to be addressed. Translating helpful new insights from psychology and social science and transforming them into practical tools for educational and treatment practices is proving nigh on impossible to implement.

The “anti-sexuality” and “sexualisation” issues are producing an almost irreversible tension directed towards children. Those that advocate the extreme curtailment of sexual freedom and a kind of “anti-sexuality” are offering children repression, conformity and a far too strict a definition of what is sexually “appropriate.” This fear-based and reflexive wish to white-wash the child into a perfect angelic purity serves to warp the natural growth of the child’s sensual curiosity and inquisitiveness. Conversely, there is the ambient saturation of sexual images and messages from media and entertainment industry that amounts to a normalising and mainstreaming of a kind of soft porn devoid of context and responsibility.

Young girls and boys have nothing but a diet of overt materialism and junk sensation to act as role models. It is not surprising that a narcissistic culture is the result with the overeliance on technology feeding into an already distorted expression of sex as an indicator of self-worth, the by-product of which is a profound  loss of meaning.

In the USA, the city of San Diego has the reputation for being a primary source of sexual abuse. However, it seems the cases where the authorities got it hopelessly wrong are much more common:
In 1992, a major grand jury investigation found the county’s child welfare agencies and juvenile courts to be ‘a system out of control,’ so keen on protecting children from predation that it took hundreds of them away from their parents on what turned out to be false charges. The report called for ‘profound change’ throughout the system. […] Teachers and social workers, undereducated in psychology and overtrained (often by law enforcers) in sexual abuse, tend to see sexual pathology and criminal exploitation in any situation that looks even remotely sexual.1
There is very big difference indeed between the psychopathology of teenagers and pre-school kids that enact serious abuse - often going hand in hand with the torture of animals as a tale-tale sign - and the kind of exploration that is borne from a natural curiosity. For example, the study of East European adoptees makes a strong case in favour of environmental factors producing and selecting for an effective psychopathy. Here, we can include a case that not only suggests psychopathy but also how such cases can lead to the labelling of child abuse when there is none.

A psychiatrist working with Attention deficit children recounted one experience where he was looking after a six-year old little girl “with curly blond hair and blue eyes”, who enthusiastically informed him she could:
“‘… make the new teacher change colors!’ I ask her to do so. We sit down with the teacher and the girl points to me and say ‘That ugly man put his hand down in my panties just now!’ Our new teacher turns pink/red, consuming this interesting piece of information. The girl smiles happily, then looks sternly at her and says ‘I know what you did yesterday to Tommy - I could tell the grown-ups all about it!’ The now quite pale woman had forgotten to pick up a child at the bus stop and had been too embarrassed to tell the other staff members. Thus the girl went on, and after a while she turned to me and triumphantly announced with innocent enthusiasm ‘You see - I can make her change colors any time!’ I told the girl to stop playing with the woman and go play with her bike instead, while I reassembled the teacher. This girl is aged six, and still cannot tell a person from a thing. To her a staff member is an advanced slot machine. A week later the girl hands me a dead pet rabbit which she has just sliced into four pieces with a pair of scissors and says unaffectedly, "It doesn't work any more, and it bleeds all the time - can't you put it together again?’ - So much for happy childhood...’” 2
Other cases appear to influence the child depending on the level of his exposure to sexual trauma which would indicate the need for counselling and psychotherapy rather than incarceration. But the passage above is telling in it’s implications of mis-diagnosis and potential for accusations of abuse from psychopathic  children.

This kind of intervention that blends the law courts, mental health and psychological evaluations are too close to the needs of lawyers which plays on the lucrative climate of sex-predator-paranoia. In many cases, the law is actually causing great harm to children for no other reasons than greed and material gain. If children begin to explore their sexuality together in ways that are “inappropriate” yet are not labelled “offences” it does give an interesting idea as to where the therapists and prosecutors are coming from regarding their own perceptions of sexuality.

In the US today, being caught urinating behind a tree, mooning, (showing your bottom) skinny dipping, and passionate lovemaking, masturbating, and many other non-violent victimless offences can make individuals of all ages  sex criminals placing them on the sex register. A “doctor and nurse” game could now criminalize both US and UK children.  However, those that voice such concerns are either labelled reactionary liberals or paedophile apologists.

While offering some welcome amendments, the UK’s Sexual Offences Act 2003 3 nevertheless incorporates new and draconian provisions on child pornography and prostitution. Anyone asking a person under 18 to provide a “sexual service” for “payment” commits a crime and the child (under 18) is classed as a “prostitute.” However, if an individual asks a person under 18 for a nude-photograph this will automatically be considered a criminal offence or “inciting child pornography”. This means that anyone under 18 and engaged in a relationship is legal, but when expressed physically with the use of a web-cam, they become criminals. All those under 18 of course, are deemed “children” which, when applied to the law, is unfair and dangerous to civil rights. The law is therefore, high on rhetoric but low on the practical realities of such a law.

Compare this with the UK jailing of a man along with his female accomplice, who raped a 12 week old baby. 4 The subsequent sentence reflected a clear absence of justice where “life” meant that he was eligible for parole in only six to eight years.

We have to wonder why it is that the justice system seems to either favour the predator or to accuse and scapegoat the innocent and rarely find the median between those two poles. Should genuine sexual predators find themselves with a silver spoon in their mouths then the likelihood that they will face prosecution and punishment becomes even less probable.

Special treatment can also be seen in the from the British class system which saw a judge give undue leniency to the Queen’s former choirmaster for a series of child sex attacks in the 1970s and 80s. He received five years, meaning he would be out on good behaviour in a very short space of time, which indeed he was. 5 While this occurs in the UK, such disparities are far more extreme in the US.

When criminalisation has broad generalisations and poorly defined legislation contained within it, where essential definitions are needed to define one sexual crime from another the inevitable result is that all sexual activity is seen as criminal. When we understand, in the real world, that much sexual activity involving children under the age of consent is consensual and experimental, the involvement of the law should not be necessary. What the law does is to effectively criminalize young people under 16 who engage in sexual experimentation. Assumptions as to who forces who is also fraught with difficulty where coercion is so often assumed in many cases. If a fifteen year old girl “coerces” a 16 year old boy into having sexual relations, what then? What if these teens in their own eyes, “in love?” Is the boy to be prosecuted and placed on the sex offenders register? Apparently so. Christian fundamentalism and the phoney “war on terror” are behind much of these rulings.

An American mother who wrote an open letter on an internet blog to George W. Bush, illustrates the crassness of current legislation:
Dear George:

I am a mother of a sex offender, at least that is what they are calling it. My son did not rape, abuse, or force anyone. He had sex with a minor, who also wanted sex with him. I am not an educated female, but I do know the difference between forcing someone and consenting.

I DO Not Condone what my son did, it was wrong and he should be punished. My problem is this: he was sentenced to 30 yrs. to a violent prison. On his court papers it says it was a non-violent crime. So why is he in a violent prison? No one will give me the time of day. Also he has to register as a SO. […] I would like to be alive when my son gets out.6

One of the most recent examples of this dangerously simplistic view of prosecution concerns 17 year old Genarlow Wilson who was convicted of Aggravated Child Molestation for a voluntary act of oral sex with another teenager at a New Years Eve party.   He was 17 and she was 15.  Genarlow,  a good student, athlete and with no criminal record, not only received a sentence of eleven years but the disastrous label of “child molester” requiring him to be placed on the sex offender register for life. He was also black.

“ ‘Wilson maintained his innocence. ‘I know that it was consensual,’ he told ‘Primetime.’ ‘I wouldn't went on with the acts if it wasn't consensual. I'm not that kind of person. No means no.’”

“ ‘Five of the boys accepted plea deals, but Wilson — the only one without a police record — held out. ‘I knew Genarlow's state of mind,’ said his attorney, Michael Mann. ‘He wasn't going to prison willingly. He wasn't going to plea to something in his mind he didn't do.’ ” 7
Such is the law in the State of Georgia where two teens can have intercourse which is counted as a misdemeanour but where oral sex is a felony which mandates a minimum of 10 years in prison. If two teens are engaged in heavy petting, this could be felony of Child Molestation. Until 1998, oral sex between husband and wife was illegal, punishable by up to 20 years in prison. For Wilson, whether the fifteen year old was willing or not, and the fact that he was only two years her senior the law on child molestation had the last word. Was Wilson’s case yet another miscarriage of justice based on outdated laws favouring a religious Puritanism? As a result of this case Georgia law is being reconsidered, though any formal legislation has yet to materialize. 

It has not helped a 26-year-old college student on federal disability, who has been on the sex offender’s registry for a decade after a being charged over a 10th-grade fellatio. Despite the fact that it is no longer a crime in Georgia she and her husband have been moved on by Harlem police under sex offences law that prohibits “offenders from living within 1,000 feet of a school, playground or other place where children congregate.” This woman had to leave her legally bought home or face arrest:

Before she and her husband of six years bought the house, she says, they made sure the property was far enough away from a public park down the street. What the Whitakers didn't realize was that a nearby church was operating a small day-care center. As a result, they've had to move into a trailer park across the county line. They're sharing a two-bedroom single-wide with Whitaker's brother-in-law and his teenage daughter.

‘We're paying a mortgage for my cat to live here,’ she says of the house she and her husband have had to leave behind. When she stops by to check on the property or do laundry, she says, her neighbors routinely call the cops, who drop by to make sure she isn't trying to move back in.

Now, Georgia’s strict new sex-offender law -- signed by Gov. Sonny Perdue in April but delayed in federal court before it could take effect July 1 -- could force Whitaker out of the trailer park as well, leaving her with few options for living anywhere in the state. Under a nebulous loitering provision in the new law, she might not even be allowed to go to church. 8

Judgments concerning adult sex offenders which are then applied to children can represent a dangerous misunderstanding of the nature of child sexuality. While mimicking and simulation of T.V. and magazine images could be seen as premature sexual induction and exploration that may lead to unwarranted behaviour towards other children, it should not immediately be confused with abuse. Yet this is exactly what is happening in many instances. This is rather an indication of an adult prurience projected onto the child which can only do harm for his or her future which may actually ensure that such explorations do become neurotic, obsessive or worse. At the same time, psychopathic children are also a reality and who will respond to socio-cultural exposure to sexuality in any number of pathological ways and where – so far –  no amount of rehabilitation is ever going to work.

The very real indications that conviction rates of child molesters in the UK for example, are frighteningly low, the extreme difficulties in detecting the abuse of under-fives and the general underreporting of incidences, all suggest that we are still operating between two extremes.


Notes

1 Ibid. Sara Scott Ritual Abuse (2001)
2 Severe Attachment Disorder in Childhood - A Guide to Practical Therapy by Dr. Niels Peter Rygaard authorized by D.P.A., Aarhus C, Denmark Translated from N. P. Rygaard, L'enfant abandonn6. Guide de traitement des troubles de I'attachement. 2005; Printed in Austria SpringerWienNewYork; ISBN-10 3-211-29705-7.
3 Sexual Offences Act 2003 Elizabeth II. Chapter 42, Great Britain – “An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts Royal assent, 20th November 2003. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105642037) Reprinted incorporating corrections, January 2004; reprinted May 2004.” TSO The Stationary Office: http://www.tso.co.uk/
4 ‘Babysitter raped 12-week-old as girlfriend took photographs,’ The Times, January 11, 2006.
5 Child abuse sentence ‘disgusting’ BBC News, 27 August, 2004.
6 ‘Mother of Sex Offender’ by “Dianne,” Age 57, Columbia, SC. www.deargeorgeletters.blogspot.com/
7  ‘Outrage After Teen Gets 10 Years for Oral Sex With Girl’ ABC News February 7th 2006, To find out more about Genarlow Wilson's appeal, visit www.wilsonappeal.com.
8  ‘Life in the shadows’ - Now facing a legal challenge, Georgia's war on sex offenders could punish minor violators while failing to focus on the worst ones By Scott Henry, July 19, 2006. 
 
 
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