NCJ Number
65879
Journal
British Journal of Criminology Volume: 20 Issue: 1 Dated: (JANUARY 1980) Pages: 20-32
Date Published
1980
Length
13 pages
Annotation
SINCE EMPIRICAL RESEARCH INDICATES THAT CHILDREN HAVING SEXUAL CONTACTS WITH ADULTS DO NOT SUFFER ANY PERMANENT PSYCHOLOGICAL DAMAGE, CRIMINAL LAWS IN THIS AREA SHOULD BE REVISED.
Abstract
THE DUTCH PARLIAMENT HAS DECREASED THE SCOPE AND PENALTIES OF MANY LAWS CONCERNING SEXUAL OFFENSES, BUT ALL SEXUAL CONTACT WITH A MINOR UNDER 16 IS STILL CONSIDERED LEGALLY INDECENT. CONTACTS BROUGHT ABOUT THROUGH VIOLENCE, THREATS, OR ABUSE OF AUTHORITY SHOULD BE PUNISHED, BUT RELATIONS WHICH ARE SOLICITED OR FREELY CONSENTED TO BY A CHILD SHOULD NOT BE FORBIDDEN. DISTASTEFUL OR RIDICULOUS SEXUAL CONTACTS SHOULD BE PREVENTED, BUT NOT CRIMINALLY PROSECUTED. THE CONCEPT OF THE INNOCENT ASEXUAL CHILD ONLY APPEARED IN THE LATE NINETEENTH CENTURY AND HAS BEEN REPUDIATED BY FREUD, KINSEY, AND OTHER SOCIAL SCIENTISTS. LEGISLATION HAS BEEN BROADLY WORDED TO ALLOW JUDGES TO ADAPT VERDICTS TO SOCIAL TRENDS. IN THE 1930'S, RESEARCHERS IN EUROPE AND THE UNITED STATES BEGAN TO EXAMINE THE EFFECTS OF SEXUAL ACTIVITIES ON CHILDREN AND CONCLUDED THAT THEY DID NOT HARM SUBSEQUENT PERSONALITY DEVELOPMENT. CHILDREN APPEAR TRAUMATIZED AFTER SEXUAL CONTACT WITH AN ADULT BECAUSE OF THE SHOCKED REACTIONS OF OTHER INDIVIDUALS AND QUESTIONING BY LAW ENFORCEMENT PERSONNEL, NOT FROM THE SEXUAL ACT ITSELF. IN THE NETHERLANDS, SOCIAL SERVICE ORGANIZATIONS, PRIVATE CITIZENS, AND POLITICAL PARTIES HAVE PETITIONED TO ABOLISH AGE OF CONSENT REFERENCES IN PENAL CODES AND TO DECRIMINALIZE NONVIOLENT SEXUAL ACTIVITIES INVOLVING CHILDREN. SOME PSYCHOLOGISTS AND EDUCATORS CONTEND THAT SEXUAL PLAY AND INTIMATE SEXUAL CONTACT CAN BE A POSITIVE FACTOR IN THE CHILD'S PSYCHOLOGICAL GROWTH. UNTIL THE LEGISLATION IS CHANGED, JUDGES MUST ADJUST THEIR INTERPRETATIONS TO REFLECT CURRENT RESEARCH AND OPINION. REFERENCES ARE PROVIDED. (MJM)