Roger-Luc Chayer (Image : Pixabay)
One of the worst absurdities I have heard in 33 years of journalism comes from a movement associated with pedophilic individuals who claim the right to be recognized as a sexual orientation, on the same level as gays, lesbians, bisexuals or transgender people, and to be included in LGBTQ+ flags.
Pedophiles claim a sexual orientation. But what an absurdity!
What Is a Sexual Orientation?
A sexual orientation refers to the emotional, romantic or sexual attraction that a person may feel toward other people. It describes, among other things, toward which sex or gender this attraction is primarily directed, for example toward people of the opposite sex, the same sex or several sexes.
Sexual orientation is a characteristic that describes toward which people a person may feel emotional, romantic or sexual attraction. It is therefore not limited to a behavior or a sexual act: it concerns a dimension of a person’s identity and feelings.
A person may, for example, be heterosexual if they are primarily attracted to people of another sex, homosexual if they are primarily attracted to people of the same sex, or bisexual if they may feel attraction toward more than one sex. Other people may identify as pansexual, asexual or use other terms corresponding to their personal experience.
Sexual orientation should not be confused with gender identity, which concerns how a person defines themselves in relation to their gender. Nor should it be confused with sexual behavior: a person may engage in behavior that does not necessarily correspond to the sexual orientation with which they identify.
What Are the Differences Between Sexual Orientation and Pedophilia?
Sexual orientation describes emotional, romantic or sexual attraction toward people who may be of the same sex, another sex, several sexes, or the absence of sexual attraction. It therefore concerns the direction of attraction between people capable of entering into a sexual and emotional relationship between consenting adults.
Pedophilia, on the other hand, refers to persistent sexual attraction toward children who have not yet reached puberty. It is generally considered in psychiatry to be a paraphilic disorder when it meets established clinical criteria. A child cannot give sexual consent equivalent to that of an adult, which creates a fundamental distinction.
A Claim Aimed at Avoiding Criminalization
This is not the first time I have heard people attempt to develop the theory that pedophilia would be an orientation. The first time was in the context of a defense in a criminal case in Montreal, when the accused had tried to convince the court that pedophilia was simply another aspect of sexual orientation recognized by the Charter of Rights and Freedoms. Obviously, the judge had not accepted this defense.
What bothers me most about this theory, which is unfortunately gaining ground through social media, is that pedophiles are using our rights and our historic recognition to evade justice and psychiatry.
In my view, this is clearly a movement attempting to validate a crime and transform it through rhetoric into a simple sexual orientation, while the victims of these pedophiles are children who are neither old enough to have sex with adults nor capable of freely giving their consent.
Pedophilia Is Not a Sexual Orientation, It Is a Crime!
This is not the first time I have heard people attempt to develop the theory that pedophilia would be a sexual orientation. The first time was in the context of a defense presented in a criminal case in Montreal, when the accused had attempted to convince the court that pedophilia was simply another aspect of sexual orientation protected by the Charter of Rights and Freedoms. Obviously, the judge had not accepted this defense.
What bothers me most about this theory, which unfortunately seems to be gaining ground through social media, is that pedophilic individuals are attempting to rely on the rights and historic recognition obtained by LGBTQ+ communities to escape the judicial consequences and the clinical reality of pedophilia.
In my view, this is clearly an effort to trivialize or legitimize criminal behavior by presenting it, through rhetoric, as a simple sexual orientation. Yet the victims of these abuses are children who are neither old enough to have sexual relations with adults nor capable of freely giving sexual consent.
Pedophilia is not a sexual orientation. Sexual abuse committed against children is criminal behavior, and its victims must be protected.
What the Law Says About Pedophilia and Sexual Abuse of Children
From a legal standpoint, an important distinction must first be made: pedophilia as an attraction is generally not, by itself, a criminal offense. It is sexual acts committed against children, their exploitation, solicitation, or the production and possession of sexual material involving children that are criminalized. This distinction is important to avoid confusing a clinical characteristic with a criminal act.
In Canada, and therefore in Quebec, the Criminal Code does not create an offense simply called “pedophilia.” Instead, it criminalizes a series of sexual behaviors involving children. The general age of sexual consent is 16, with certain close-in-age exceptions and additional protections for 16- and 17-year-olds when there is a relationship of authority, trust, dependency or exploitation.
The Criminal Code notably provides for the offense of sexual interference when a person touches, for a sexual purpose, a person under the age of 16. It also criminalizes inviting a child to engage in sexual touching, the sexual exploitation of certain young people, as well as child luring through telecommunications in order to facilitate certain sexual offenses.
Canadian law is also particularly strict regarding child sexual abuse and exploitation material. The production, distribution, possession and even knowing access to such material constitute criminal offenses punishable by imprisonment.
In the United States, the situation is comparable in principle, but the legal system is different because the states have their own criminal laws. The federal government criminalizes, among other things, sexual abuse of children in certain circumstances as well as the production, distribution and possession of child sexual exploitation material. Cases occurring entirely within a single state generally fall under the jurisdiction and laws of that state, unless federal jurisdiction applies.
In Europe, there is no single European criminal law that replaces national legislation. However, the member states of the Council of Europe are governed by the Lanzarote Convention, which specifically aims to protect children from sexual exploitation and abuse. It requires states to criminalize various forms of sexual abuse of children, including sexual assault, sexual exploitation, “grooming,” the corruption of minors, child prostitution and offenses involving child sexual abuse material.
Legal systems do not treat the mere existence of a pedophilic attraction as automatically constituting a crime, but they firmly criminalize sexual acts committed against children and the various forms of sexual exploitation surrounding them.
This distinction is essential in a public debate, because it makes it possible to discuss pedophilia as a clinical reality without presenting sexual abuse of a child as a sexual orientation or as behavior protected by fundamental rights.
ADVERTISING
READ ALSO
- How has Quebec been a leader in LGBTQ+ rights worldwide? — Gay Globe
- The Last Witnesses: What Survivors of the AIDS Epidemic Want to Pass On to Young LGBTQ+ People Before They Are Gone — Gay Globe
- The Quiet Revolution in Quebec: Why Newcomers Must Understand Our History — Gay Globe
- MMIWG2SLGBTQQIA+: Inclusion Pushed to Absurdity: Canada’s Acronym Puzzle — Gay Globe
- Judgment Against Homophobia: Thibault-Wouters — Gay Globe
- Tunisia: Shams Files Complaint Against the Head of Government for “Crimes Against Humanity” — Gay Globe