Q&A: Rutgers Law Prof Who Says Pedophilia Is Not a Crime

10-10-2014 National:

Margo Kaplan is not very popular today. In the Monday edition of the New York Times, the Rutgers-Camden law professor, an NYU and Harvard graduate, takes to the op-ed pages to argue that we’ve got it all wrong when it comes to pedophilia. She writes that pedophiles don’t necessarily turn out to be child molesters and that pedophilia is not a choice, i.e. a pedophile might be born that way. We reached her in her office in Camden to discuss.

You really lit up the comments section of the op-ed page today. Yes, but I have to be honest. I am getting more emails of support than I ever expected. I’m shocked. I expected to get maybe 95% negative emails, but I’ve gotten so many positive ones. The online comments, though, are pretty uniformly negative, and a lot of people haven’t even read the article.

I know your pain. Who are you getting these positive emails from? A lot of people I don't even know. There's a former prosecutor, a judge, a nurse. Individuals with family members who have pedophilia.

Pedophilia Deserves Civil Rights, Says New York Times’ Op-Ed

10-10-2014 National:

The nation’s tough anti-pedophilia laws are unfair to pedophiles, according to an op-ed published by The New York Times’ editors.

“One can live with pedophilia and not act on it,” says Margo Kaplan, an entrepreneurial assistant law professor at Rutgers University, and a former lawyer for the American Civil Liberties Union.

Tragically, the roughly 1 percent of “people who are sexually attracted to children] must hide their disorder from everyone they know — or risk losing educational and job opportunities, and face the prospect of harassment and even violence,” she wrote.

Kaplan is trying to make a legal career in the regulation of expanding sexual diversity, instead of routine and lower-status practice areas, such as torts, probate, crime or copyrights. She’s focused on “legal limitations on intimate decisions, particularly the use of criminal law in areas of health and sexuality,” according to her web page.

Kaplan says criminal law should be changed so that pedophiles are only stigmatized or denied jobs if law school graduates agree that they pose a “direct threat” to children.

That could be a bonanza for law school graduates, because they’d be paid to argue over whether the hiring of a particular pedophile for a particular job is a direct threat to particular children. “The direct-threat analysis rejects the idea that [prospective] employers can rely on generalizations; they must assess the specific case and rely on evidence, not presuppositions,” Kaplan writes.

We Need to Make It Easier for Pedophiles To Seek Help

10-10-2014 National:

All too often, our attention, resources and shock are focused on what happens after a crime is committed—we need to be asking how we can prevent child sex abuse

I don’t know Stephen Collins. Or his wife. Or their therapist.

All three are embroiled in a child sexual abuse investigation that has likely taken on added significance given the release of an audiotape in which Mr. Collins appears to admit to illegal sexual behavior against three girls. The revelation was shocking, and it leads to a familiar set of questions.

To me, one stands out: How could this have been prevented?

As a public, we’re always shocked to learn that an apparently upstanding citizen has molested children. The news flies in the face of our collective perception that sex offenders are monsters. But there are two problems with this perception.

NYT writer: Pedophilic attraction a ‘mental disability’ that should be protected in law

10-10-2014 National:

Pedophilia, in the sense of the persistent sexual attraction to children, is a disorder, not a crime, and deserves special protections in law. That’s the premise of a recent New York Times opinion piece by Rutgers law professor Margo Kaplan, who argues that “stigma” surrounding adults who are sexually attracted to children prevents them from seeking psychological help.

As a result, Kaplan asserts, pedophiles should be protected by the same anti-discrimination laws that require society to accommodate other “disabilities.”

“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,” Kaplan wrote. “Unfortunately, our laws are failing them and, consequently, ignoring opportunities to prevent child abuse.”

According to Kaplan, pedophilia should be covered under the Americans With Disabilities Act and the Rehabilitation Act, which, she says “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 makes no sense to view pedophilia as a 'disability'

10-7-2014 National:

Should you have to hire pedophiles and rent them rooms?

Two days ago Margo Kaplan, an assistant professor at the Rutgers University School of Law, argued in the New York Times that pedophiles should be protected from job discrimination and other forms of discrimination, like racial minorities or people in wheelchairs.

Kaplan wrote that it makes sense to re-examine and potentially reverse the fact that the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 specifically exclude pedophiles from claiming that they are disabled and merit special considerations in the workplace, or when checking into hotels or renting apartments.

Professor urges treatment for pedophilia

10-6-2014 National:

IT'S NOT A CRIME to be a pedophile.

Swallow that sentence and let it mingle with the stomach acid before you grab the pitchforks and head down to the comment section, because an assistant professor at Rutgers School of Law in Camden says that it's true and that pedophilia needs to be treated as the mental disorder it is.

It's important to know what Margo Kaplan wasn't saying, however, in her Sunday New York Times op-ed "Pedophilia: A Disorder, Not a Crime."

"I'm not saying that we should decriminalize child molestation. I think people who are sexually assaulting children are making a choice," Kaplan said yesterday from her office in Camden. "People who are sexually attracted to children did not choose to be sexually attracted to children."

Pedophilia is a mental disorder, according to the Diagnostic and Statistical Manual of Mental Disorders, but it isn't recognized by the Americans with Disabilities Act, Kaplan said.

"If you have bipolar disorder, you can't be fired for bipolar disorder. We exclude pedophilia from that," she said.

More important, pedophilia doesn't become a crime unless the urge is acted upon with a sexual assault, child endangerment or download of child pornography, Kaplan said.

"One can live with pedophilia and not act on it," she wrote in the op-ed.

Pedophilia: A Disorder, Not a Crime

10-6-2014 National:

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.

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.

Pedophilia: A guide to the disorder

This is from a article posted in the magazine "The WEEK." Much of it seems correct, but there are portions which I would question, but I am posting it for readers to review. eAdvocate

11-25-2011 National:

The sexual-abuse scandal at Penn State has raised awareness of pedophilia. How do these predators operate?

What is a pedophile?

It's an adult with a sexual preference for prepubescent children (typically 13 or under) of either sex, though some prefer one gender. The term can be used to describe anyone who fantasizes about, is sexually aroused by, or experiences urges toward children, whether or not they act on them. Most psychologists believe that people with pedophilia will eventually act on it in some way — by exposing themselves to, spying on, or sexually touching children. About 4 percent of the population is believed to have pedophilic urges. Psychologists now categorize it as a sexual orientation much like heterosexuality and homosexuality, in the sense that the sexual attraction to children appears to be involuntary and remains stable over time. Pedophilia is also treated as a disorder, of course, because pedophiles who act on their urges cause grievous harm to young children, leaving them with emotional scars that can last for decades.

What kind of people are pedophiles?

Most are male, though about 6 percent are female. Although the stereotype of the pedophile is the trench-coated loner who hangs around playgrounds, in reality most pedophiles function as ordinary members of the community, like former Penn State defensive coordinator Jerry Sandusky, the man accused of sexually abusing children in his care. About 44 percent of convicted pedophiles either are or have been married, and a vast majority of pedophiles have sexual relationships with adults — only 7 percent say they are exclusively attracted to children. The majority of child molesters do not abuse children at random. For all the worries about "stranger danger," 70 percent of reported abuses involve an offender who knows the child, including relatives.

What goes through their heads?

Most pedophiles are driven by strong feelings of love and tenderness toward children, say psychologists, rather than a desire to hurt them. They romanticize children, seek out their company, and convince themselves that their feelings are mutual. "It's not just sex, it's romance," said psychologist Dr. Leslie Lothstein. "They're in love with the 5-year-old." Many take voluntary positions or jobs that allow them to be close to children, such as Scout leader, coach, or priest. Pedophiles usually select targets carefully, and "groom" them over a period of months with gifts, attention, and special trips. Only then, after gaining the child's trust, do they initiate sexual contact. Pedophiles often feel guilt and shame about their activities, say therapists. "People don't grow up and say, 'I want to be a pedophile,'" said the Rev. Stephen Rossetti, who runs a psychiatric hospital near Washington, D.C. "All the people I've ever talked to hate it."

What causes pedophilia?

It's not clear. It's commonly thought that those who were sexually abused as children are at high risk of becoming pedophiles, but only one third of pedophiles admit to having been abused. Other kinds of emotional trauma in childhood, research suggests, may also lead a person to get "stuck" in an early stage of emotional development. Researchers who've studied pedophiles' brains have found abnormalities that cause low impulse control and obsessive behavior. But the cause remains something of a mystery, just like much of human sexuality.

What happens when pedophiles are convicted?

The average jail sentence handed down to a convicted pedophile is 11 years, but several states go beyond simple jail terms. Florida, Louisiana, and California now allow or mandate "chemical castration" for sex offenders — drugs that suppress testosterone and quash sexual appetite. Texas even allows a judge to recommend surgical castration, if the offender gives consent. But the punishment doesn't end with the sentence. All 50 states have reporting laws requiring sex offenders to register with local authorities, so that their whereabouts can be monitored. Megan's Law, a federal mandate named after a 7-year-old girl who was raped and murdered in 1994, requires that a community be notified if a sex offender lives there. Though the law remains controversial, reporting requirements seem to have helped. In a recent 15-year period, sex crimes against children declined by 53 percent.

Can pedophilia be cured?

No. There's no magic cure that can make the sexual attraction to children go away, and up to 50 percent of convicted pedophiles re-offend. But like drug addiction, gambling addiction, and other destructive obsessions, pedophilia can be successfully treated, if pedophiles are motivated to stop their behavior. The most common treatment for pedophiles is "relapse prevention," a lifelong therapy similar to alcoholism treatment that conditions them to live with their obsession but not act on it. Some clinics offer aversive conditioning, or "shame therapy," which forces pedophiles to associate their urges with something painful or unpleasant, such as an electric shock. There are also drugs that can suppress a pedophile's sex drive. With the right combination of drugs and therapy, pedophiles can learn to resist their urges, said Dr. Fred Berlin, founder of the Johns Hopkins Sexual Disorders Clinic. "We're not going to be able to put out the fire," he said, "but we can do a nice job of containing [it]."

The dangers of the Internet

The Internet has given sexual predators a new way of finding victims, but most of these predators are not technically pedophiles. About 99 percent of the sex crimes committed through Internet-initiated contacts involve the statutory rape of teenagers, rather than little children. Pedophiles, who by definition prefer children who have not reached puberty, rarely meet victims online. But the Internet does give them a forum to communicate with one another. European and U.S. police recently busted 70,000 members of an online message board where pedophiles exchanged child pornography and stories of abuse, along with justifications for their behavior. This kind of community "allows [pedophiles] to avoid admitting that their desires are harmful and illegal," said former police commander and anti-pedophile campaigner Bill Walsh. "That can allow them to take that final step and cross over from fantasy into real-world offenses."

..Source.. by The WEEK, a magazine