Draft Statute on Child Protection and Pedoemotions Consultancy

The Decriminalization of Adult-Child Sexual Relations


Contents

§1 Preliminaries §2 Competencies of Consultants §3 Measures taken by Consultants §4 Definitions §5 Violence against Children §6 Consent §7 Degree of Violence & Burden of Proof §8 Family & Educational Relations §9 Glossary / Definitions


§1 Preliminaries

(1) The state government of any state having adopted the current bill, and the federal government restrain from interfering in sexual behavior among consenting people whatever their age. This rule is to be referred to as ‘general rule of non-interference.’

(2) The state government of any state having adopted the current bill, and the federal government restrain from interfering in matters involving the physical punishment of children and all related issues.

(3) For all matters under this bill, competent pedoemotions consultants act as entrusted representatives for all state and federal administrations.

Commentary

The bill starts with a general rule of non-interference that is the turning point that this new legislative draft offers, as it provides a new paradigm for child protection.

The bill provides a pleasure-affirming, positive, functional and rational approach to defeating violence that was drafted after long consideration of the pleasure-violence dichotomy proven scientifically by the research of Herbert James Campbell and James W. Prescott, and research on the pleasure function and love conducted by Ashley Montagu, Michel Odent and others.

The solution taken was to free all love-related behavior out of the hands of the state administration, recognizing that intimacy of consenting people whatever their age oscillates within the very core of fundamental human rights, and can thus not be criminal by definition.

An essential trigger to the change was the insight that sex laws, when they were drafted in the past, were not inspired and motivated by human rights considerations, but in the contrary by a desire of religious and worldly institutions to control and regulate human behavior without any regard of the fundamental right of any human to live a free life, and intimacy, when no aggression is done to others or the state. In addition, these laws were founded upon moralism and fear.

The statute is not built upon vague and unclear moralistic considerations, but upon scientifically corroborated findings and experiences, and as such intends to prevent crime instead of nailing people with useless draconian punishments for having mishandled their emotional flow. In fact, the draft bill bans violence in every form, encompassing even slight forms of psychic pressure under its definition.

This approach is consistent with the insight that it is violence that is to be feared, that is dangerous to a child, an adult or the community as a whole, and not sensual and sexual pleasure and sexual diversity.

§2 Competencies of Consultants

(1) For all matters under this statute, the principle of state retaliation against, or punishment of, an individual that offends the law was replaced with Pedoemotions Consultancy (PEC). Matters involving love, sex and the family cannot be properly handled by police and criminal authorities, but if ever by specialists who possess adequate psychological, sociological, biological and sexological knowledge.

(2) For all matters under this bill, Pedoemotions Consultants, here thereafter called ‘Consultants,’ are empowered to handle these matters in accordance with applicable laws and regulations.

The Ministry of Education, in coordination with the Ministry of Justice, sets up nationwide regional study and course centers for Pedoemotions Consultancy (PEC).

(3) The decisions of consultants regarding matters under this bill are binding for all state and federal authorities and for all parties involved.

Their overall purpose of operation is to bring about effective, peaceful and beneficial solutions for all matters under this bill, and for all parties concerned.

Commentary

Basic novelties of the bill are the abolishment of age-of-consent laws and the retreat of state and federal authorities from regulating human love and intimacy, thus putting an end to the age-old persecution of nonviolent and consenting relationships between persons of different age, regardless of their sexual or nonsexual nature. Eventually, the most daring novelty is perhaps the establishment and authorization of special consultants to effectively deal with cases that represent violent physical or sexual attacks on children under §5 of the statute.

§3 Measures taken by Consultants

(1) In no case under this bill shall an individual be detained, forced, punished, fined or degraded because of his or her actions falling under sections 5 to 8 of this statute.

Commentary

PEC is not intended to humiliate, punish or discipline citizens who have badly handled their emotional flow or pedoemotions. Its purpose is to prevent crime, and to understand the true reasons of crime before crime is committed.

(2) All measures to be taken by consultants are exempt from law enforcement as provided by police or prosecution authorities, and criminal justice at large.

Commentary

This paragraph was inserted to prevent law enforcement to get hold of citizens who would enjoy the protection of the present bill by attacking consultants, and here especially by declaring certain measures taken in certain cases as illegal. They may do so, but only by filing a formal complaint to the competent federal and state authorities who regulate the professional ethics of consultants, not by directly interfering in pending consultancy cases, using their administrative powers. To allow them such interference would jeopardize the applicability of the present bill.

(3) Measures to be taken by consultants range from one month to two years of consultancy for individuals who have violently assaulted a child as defined in §5 of this statute.

(4) Measures to be taken by consultants range from one year to five years of consultancy for individuals who have violently assaulted a child as defined in §5 of this statute and where lasting irreversible trauma or lasting irreversible physical or psychic harm was caused to the child as a direct result of the assault.

(5) Measures of appropriate healing and care are to be taken for children involved in cases of violent physical or sexual assault on a child under §5 of this statute.

(6) The examination and investigation, by consultants, of a child subject to a violent physical or sexual attack under §5 of this statute has to be accomplished without any influence or moral pressure upon the child’s judgment.

(7) Physical or sexological/gynecological examination of a child is not indicated in cases where the degree of violence was minor as defined in §5(2) of this bill, and has generally to be proportional to the gravity of the harm done to the child.

Commentary

§§(3) to (7) of this section find their rationale in the different intensity of harm done to a child under sections 5 to 8 of the bill; consultancy measures have to be proportional in scope and strength to the gravity of the harm done to the child. In alignment with this general rule, sub-section (7) contains a rule of non-interference or restraint in a case where the degree of harm done to a child was minor according to the definition provided by §5(2) of the bill.

The gynecological examination of a girl child’s vagina or anus, or the examination of a boy’s anus is more than a minor intervention into the body of a child. Tools and tubes are used to open the sphincter of the child to see if the integrity of the skin has been severed by any forced penetration; in this sense, the examination by itself is a minor form of penetration and does a certain amount of harm, which is certainly not justified to be done to a child in a case where only minor harm was done in the first place. Under the old sex laws, children were regularly examined that way even in the case where it was clear from the start that the sexual behavior in question was only of a fondling and caressing nature without an even slight attempt of penetration.

In such cases, there is an obvious disproportion between the actual harm done to the child and the harm done by the intervention of law enforcement.

Such a legal situation cannot be upheld as it is against the very foundations of criminal law, namely the principles of adequacy and proportionality of the state’s response to any harm done to a citizen; as such, the situation under the old sex laws was largely unconstitutional.

§4 Definitions

(1) Consent and Willingness

(a) Willingness is the actual willingness of a child for participating in any activity. Consent is the voluntary expression, verbally or otherwise, of this willingness.

Commentary

This sub-section distinguishes between consent and willingness of a child. Former sex laws did not make this distinction that has been largely accepted by the literature. In fact, those old laws declared any consent or willingness of a child to any sexual activity as legally invalid. It appears that under those antiquated laws, the child was considered not as a person, but as an automaton without feelings, without a personal will, and without a decision power, when only sexual behavior is concerned.

The discrimination between nonsexual and sexual behavior when considering a child’s expression of their will to participate in a shared activity or not, is irrational and logically not sound. It only makes sense under a legal situation that protects not the child, but a principle of ‘public morality’ or however one calls it.

This very detail in how the old sex laws handled the child’s actual consent or willingness to a sexual activity with an adult shows that these laws were not targeting to protect children from harm; they were rather targeting at protecting society from sex.

As such, these laws were neither rational nor natural, but simply life-denying and fundamentalist in the worst sense of the term.

And it is for this reason that they were ineffective in their overall purpose on protecting the child from any real harm done by sexual violence. In fact, as long as these laws were in place, and criminal sentences steadily were scaled up even for minor sexual play with a child, statistics showed a yearly increase in violent nonsexual and sexual assault on children. This went as far as jailing for many years a father who had tickled the vagina of his girl child, which is really where law punishes life, by punishing emotionally and sensually nurturant parents. It’s a case where laws were historically on a borderline to insanity.

Such laws could therefore not responsibly be upheld under the present doctrine of rational, effective, reasonable and proportional lawmaking.

(b) The initiative, taken by a child, to engage in a sexual activity with an adult is legally deemed as the expression of the child’s consent to this activity.

Commentary

This sub-section puts an end to the long-discussed question if so-called ‘seductive’ or ‘sexually provocative’ children have to get a special treatment in child protection.

Under the old legal situation, they were not given a special treatment, and even worse, they were treated as delinquents and often put in special care.

It goes without saying that punishing a child for being sexual is against all logic and life’s inherent purpose of childhood being of a temporary nature. A child who is premature in whatever field, be it sex, piano playing (there are 4-year old concert pianists over the whole course of musical history!), physics, sports, chess, video gaming or any other area, should be rewarded, and not punished.

As Françoise Dolto (1908–1988) put it in Psychanalyse et Pédiatrie (1971), a child who is sexually premature is often found masturbating; such a child should be given more freedom, more responsibility and access to higher academia. She herself was the example; she read professional medicine textbooks at the age of five, and at that early age already signaled to her parents that when she was grown up, she wanted to become a ‘child doctor.’

(2) Burden of Proof

The burden is on consultants to prove that in case of a nonviolent and non-harmful sexual activity between an adult and the child, the child was not willing to agree with sex and did not express any form of consent to it.

Commentary

The allocation of the burden of proof is drafted in line with the general rule established in §5(1).

With regard to the criteria of the activity to be nonviolent according to §6(5), it is legally presumed that the child consented to the sexual activity when the activity was nonviolent and did no harm to the child, and when the child was generally able to estimate to what he or she consented to, except in particular circumstances where consent is deemed legally invalid.

In cases of doubt, the burden is thus upon consultants for proving that the child was unable to give consent either by showing that there was no factual willingness or by proving that the child lacked the necessary ability to make an informed decision.

The burden of proof is reversed when the activity was to be qualified a violent sexual assault under §5 of the bill.

§5 Violence against Children

(1) No parent, person in loco parentis, educator or other person responsible for the care of a child has the right to corporally punish a child.

Violence against a child, whatever the motives are for inflicting violence, is considered to be child battery, also in the case that the battery was done with the intention to discipline the child, except in the case that the degree of the violence was minor as defined in §6(2).

(2) ‘Violence’ in the sense of subsection (1) means a physical, psychic or sexual attack on a child that causes the child to experience physical pain or psychic stress. This is particularly, but not exclusively, the case when the attack causes lasting physical or psychic harm to the child.

A sexual attack on the body of the child requires penetration into the body of the child, with a sexual organ or any tool, causing pain to the child, and which is intended to either bring about sexual or nonsexual gratification without the child’s consent, or enforce the child’s compliance or submission to a certain behavior, or which is intended to reprimand the child for unwanted behavior.

(3) A ‘physical or psychic attack on a child’ in the sense of subsection (2) encompasses also the detention of the child, the deprivation of food, the physical abandonment or neglect of the child and other cruel treatment that presents an immediate danger to the safety of the child.

(4) ‘Corporal punishment’ in the sense of subsection (1) is violence against a child that is intended, by causing pain, to bring about the child’s compliance, or the child’s submission to certain behavior, or which is intended to reprimand the child for unwanted behavior.

Commentary

Research has demonstrated that physical violence against children cannot effectively be dealt with by a legal dichotomy of lawful corporal punishment, on one hand, and unlawful child battery, on the other.

Besides the fact that under some jurisdictions even brutal and truly harmful physical attacks on children would still be justified as lawful corporal punishment, if only the parent or educator acted ‘in good faith,’ the dividing line between the two areas is extremely difficult to draw and the legal uncertainty thus considerable.

This lack of sharpness of the former laws was certainly not for the good of the child. It rather served the perpetuation of an authoritarian, repressive and inhuman educational system that produced uncreative, fearful and codependent humans. Whatever position one may take, there is no doubt that both corporal punishment and child battery are violence inflicted upon children.

From this argument, it appears clear that there is no rationale in treating both forms of behavior in a different way. Actually, the only difference is an internal factor — good faith — which is what lawyers call a chewing-gum clause because it’s very hard to prove or disprove in reality and thus serves judge and jury to get at about any thinkable outcome that serves to corroborate their feelings and that, by doing so, opens the door to all and every expression of prejudice.

The intention of a democratic and childcaring legislator can only be to prohibit the infliction of violence upon children. Moreover, it has no rational basis to give certain adults such as parents or educators a free license to physically attack children for whatever reason, educational or other.

Regarding sexual violence against children, the bill had to be explicit in discarding any consenting behaviors and any behaviors where the child is fondled, caressed, kissed, stroked, or where shared nudity is experienced or where child and adult were naked co-sleeping or taking baths together, or where the sexual activity consists in mere ‘outercourse,’ that is, the adult restricting himself or herself to rub their body against the body of the child to reach an orgasm.

These behaviors cannot qualify as ‘sexual violence’ in the sense of the bill because their overall gestalt is one of caregiving in the larger ecstatic and pleasure-sharing sense.

Under the old legal situation, it was namely rampant to see adults jailed for sensuality with children where the overall gestalt of the behavior was affectionate and caregiving with the difference only that the adult derived so much pleasure from giving care and love to the child that they reached a sexual climax.

However, such behavior needs to be encouraged, not punished, because it is the very pleasure function that maintains life, and that makes that adults care for children at all. Hence the bill’s exclusive focus upon penetration in the body of the child as a prime indicator for violence, but here the definition ‘sexual violence’ would also only apply when the child’s consent was clearly missing.

Under the old legal situation, intercourse with a child was per se considered as sexual violence, as the consent of the child was deemed legally valid.

Such lawmaking overlooks however that intercourse is not always painful or disagreeable for a child when the partner is an adult and that it should be the child, not society or the state to decide for their love life, and hence, children should be able to say ‘I want to experience this’ or ‘I do not want to experience this.’

It is the child who is the target of protection, hence it must be the child to decide how much ‘protection’ from life and pleasure they need and how much protection they do not wish to experience.

Research has namely shown since about the 1930s that violence is the foremost indicator for child trauma, not the nature of the sexual relation experienced, or the fact that penetration was experienced by the child.

§6 Consent

(1) The child cannot consent to physical or sexual violence, except the degree of violence was minor.

(2) The degree of the physical or sexual attack on the body of the child was minor if no physical pain or psychic stress was experienced by the child and no lasting physical or psychic harm was caused.

(3) Consensual intercourse between an adult and a child is not considered to be a ‘sexual attack on the body of the child.’ This also applies when the intercourse caused minor or short-lasting pain to the child and the child, despite the pain, did not expressly and visibly defend the activity.

(4) Consensual intercourse between an adult and a child is to be considered a ‘sexual attack on the body of the child’ if significant and lasting physical or psychic harm was caused by the activity and the child did not consent to the activity.

Consent is lacking when the child first agreed to the activity, but then changed their mind, while the adult continued the intercourse until sexual climax thus disregarding the child’s decision to stop the activity.

Consent is also lacking in the case that the child experienced either short-lasting but excruciating pain, or long-lasting pain, through the activity and was not listened to when signaling to stop the activity so that the intercourse was accomplished until the sexual climax of the adult partner.

(5) Temporary abrasions in the genital or anal region or soreness of the vagina or anus are not to be considered as physical harm.

(6) Tearing off the hymen of a girl-child by vaginal penetration and intercourse is to be considered as lasting physical harm under the terms of subsection (4), except the child expressly consented to her losing the hymen during the intercourse. The burden of proof for the child’s consent is upon the defendant.

(7) In any case under this paragraph of the statute, when an adult stops the intercourse on the demand of the child, especially, but not only, when the child expressed the will to stop the activity because of experiencing pain, the burden of proof is reversed and consent of the child is deemed to be valid for the activity until the point it was stopped. It is then upon consultants to prove that, exceptionally, the child was not giving a valid consent for the entire activity. If the latter is the case, and lacking consent being proved beyond reasonable doubt, the activity is to be considered a violent assault on a child under §5(1) of the statute.

(8) Lasting physical or mental injury of the child is to be admitted in the case that the child needs to receive constant, and not only temporary medical or psychic health care and attention. This is particularly, but not only, the case when the child is confided to a mental health institution or if the child needs permanent supervision and medical care over the span of at least five subsequent years.

This is also, but not only, the case when an internal organ of the child has been so severely damaged during the intercourse, and as a direct result of the intercourse, that the organ is not functional any longer for the lifetime of the child without proceeding to an organ transplantation.

(9) Consent to a nonviolent sexual activity with an adult can be given by a child without regard to the child’s age.

(10) The factual consent of the child is legally valid.

(11) Prima facie, the actual willingness of the child to sexual activity with the adult is deemed to be valid consent to the activity, except the contrary is proved. The burden of proof for the fact that willingness of the child was no valid consent is upon consultants.

(12) The actual willingness of the child to the sexual activity is not legally valid consent in the case that the child could not estimate what they consented to. This is namely, but not exclusively, the case when the child was made drunk, was hypnotized or was given narcotics to induce willingness to sex or if their consent was forced by psychic pressure in the form of threat, but not if the child was merely enticed to the sexual activity by gifts or promises.

Commentary

The social policy behind this provision is that mere gifts or promises given in exchange to sexual favors are not depriving the child of their personal autonomy and do not directly impinge upon the child’s psyche and decision-making power. In general, they can be said to represent, to a certain extent, socially adequate behavior in that they are not directly, but only indirectly, impacting upon the child’s consent.

However, the same is not true for cases where the child was manipulated in any way, in order to influence their decision-making ability, typically through using hypnosis or substances to alter the child’s mental state.

In such a case, no consent of the child can be presumed.

(13) The low age of a child is no argument to invalidate factual willingness for a sexual activity.

Commentary

In the same way as a child can accept or refuse kisses and caresses already as a baby, they can accept or deny to engage in any nonviolent sexual activity, and this regardless of age.

However, the same is not to be assumed when the activity was violent in any way. It cannot be presumed by a reasonable lawmaker that human beings consent to being treated in a violent manner.

(14) The burden of proof is on consultants for the fact that, in the particular case, the child did not consent to the sexual activity when prima facie such consent was given. It is equally on consultants to prove that the child exceptionally lacked the capacity to estimate what they consented to. If the defendant did not know about the child’s state of incapacity to consent, the factual consent is deemed to be legally valid.

Commentary

This provision is drafted for those exceptional cases where the child was willing and consenting but mentally retarded without appearing to be retarded, or in any other way in a state of mental or emotional confusion or incapacity to consent, while however appearing to be normal.

§7 Degree of Violence & Burden of Proof

Consent to a violent sexual activity is only legally valid if the degree of violence was minor as defined under §6(2) of the statute.

Commentary

It is presumed that children do not consent to violent physical or sexual interactions. In order to rebut this presumption, the burden of proof is on the defendant for the fact that, beyond reasonable doubt, the child consented to the activity despite its violent character.

§8 Family & Educational Relations

(1) A child can consent to a sexual activity with his or her parent, person in loco parentis, brother, sister or other relative, except in the case that the sexual activity was violent. Consent to a violent sexual activity is only legally valid if the degree of violence was minor as defined under §6(2) supra.

Commentary

The long-standing debate about incest is a rhetoric that is strongly tinted by moralism and life-denial.

All serious and matter-of-fact research concludes on the harmless nature of incest when it is based on mutual consent, absence of violence and when the child is not emotionally entangled by codependence with one of the parents.

It’s the emotional entanglement that is really incestuous because it traps the child in a web of invisible strings that hold the child a captive of the matrix, the home, the family tree, and the family karma.

The sexual part of incest is the more harmless part of it. Historically, incest was equally forbidden between adults belonging to the same family or clan, which shows that the incest taboo had originally nothing to do with child protection or pedosexuality in the modern sense.

Another rationale of incest was historically the strong and dominant role of the father under patriarchy, which was a power position that could easily be abused. But research showed that the only way to counter such a dominant position of the father, with all the potential abuse that it entails, is to modernize society in a way that maximizes the equality between the sexes.

Today, in industrialized countries and with urban population, the male cannot be said to have an overly dominant position in relation to the female, and the child.

That is why, if society is at all serious about the original rationale of the incest taboo as a means of preventing abuse, incest should be monitored with equal emphasis in the mother-son relation; but the latter is not the case.

Modern society is highly suspicious with regard to the father-daughter relation, which led to an almost complete segregation of fathers in child care, but it considers mothers as potentially harmless while they often today entangle their (male) children in unhealthy codependence, thereby retarding their sons’ emotional and sexual growth.

The way out of this unhealthy fusional entanglement in the modern nuclear family is a liberation of incest from its stigma which only creates guilt, fear and actually favors codependence, and to leave it up to parents and children to acknowledge their possible mutual erotic attractions, and at the same time provide children, through permissive laws, healthy love options outside of the family.

When people have real love options outside of the family, incest loses its attraction. It has been said with good reason that incest is a strange choice because one defended love partner is preferred over thousands if not millions of potential other love partners.

Love and sex have to be learnt as anything else in life, and a responsible society organizes social life for all members of society, as this is the only really effective prevention of incest.

The bill thus considers incest as a phenomenon that is rather effect than cause and that is not naturally a viable love option, but becomes one because of isolation, sex prohibitions and insufficient love options outside of the family. For that matter, however, it is not to be considered criminal behavior but needs to be understood in each and every single case, and with applying not a ‘police mindset’ but emotional and erotic intelligence.

(2) A child can consent to a sexual activity with his or her teacher or any other person in charge for the child’s education, except in the case that the sexual activity was violent. Consent to a violent sexual activity is only legally valid if the degree of violence was minor as defined under §6(2) supra.

Commentary

Under the old paradigm, from about the end of the Hellenic and Roman empires and the beginning of Christianity, teachers were punished with particular harshness for any erotic relations with children in their care.

While in ancient traditions, erotic relations between teachers and students, habitually of a homosexual nature, were tolerated and considered, within the educated strata of society, as inevitable and harmless, modern society castrated the teacher, transforming him or her into an ascetic educational robot who ‘spits out’ knowledge on demand.

At the same time, the quality of educational institutions was watered down and lost its soul and the important imbeddedness of all knowledge within a greater cultural setting that integrates all our emotions and desires and humanizes them through loving dialogue.

Education became lifeless and mechanical, and the teacher-student relationship formalized, rigid, and emotionally numb.

While the official rhetoric was hostile to any, even the slightest, erotic overtones in the teacher-student relation, psychoanalysis was outright positive and affirmative as to the beneficial effects of love relations between children and their teachers.

Françoise Dolto (1908–1988) said in one of her workshops on child analysis that adolescents constitute themselves primarily through their erotic homosexual transfer on their teachers, and that it is through this homosexual love transfer on some of their teachers they fall in love with that they complete their psychosexual development and develop true genitality.

This is so, she explained, because while identifying psychosexually with each of their parents and developing the basis of their sexuality, this development is completed only in the relation with teachers in its genital dimension because ‘only with them the child can bring about a fruit within a relationship of culture and knowledge.’

— Françoise Dolto, Séminaire de Psychanalyse d’Enfants, Tome 1 (1982), p. 98. (Translation mine)

It is presumed that children do not consent to violent sexual activities. In order to rebut this presumption, the burden of proof is on the defendant for the fact that, beyond reasonable doubt, the child consented to the activity.

Summary

  • In this article I have presented a draft bill on the prevention of violence against children so that both physical and sexual child abuse are regulated in one and the same legal statute, while so far these laws are scattered in various legal titles, and partly also covered only by case law, so that a consistent policy-making in this field is currently almost impossible.
  • The first step in my view is a unifying bill that prohibits all forms of violence against children, including corporal punishment.
  • The second step is to allow children to be sexual, both with peers and adults; the only democratic way out of the present dilemma is to grant children free choice relations, the right to choose their loving mates, which means they can opt for peers or adults other than their parents, thereby respecting their autonomy, and their relative maturity when it comes to falling in love to any person.
  • The third step is to allow adults having sensual, intimate and sexual relations with children, provided the child is consenting, and the sexual interaction is nonviolent and respectful.
  • The fourth step is to reform the way to deal with cases that are borderline, and with cases where adults are sexually violent, or physically violent, or both. In all cases, where prima facie the activity in question is nonviolent, I have opted for a total decriminalization in the sense that these cases won’t go to court, won’t be persecuted by police, and won’t be handled by civil servants, but by trusted, and legally empowered, teams of child psychologists, pediatricians and psychiatrists, who do this work in the name and under the supervision of the state.
  • These professionals then are also to deal with adults who have a violence-hangup in their educational dealings with children, or their sexual dealings with them, and for these persons, I have foreseen a form of emosexual consulting that is non-coercive, non-humiliating and educational.
  • The fifth step was to handle the question of what rules of evidence should apply. I have opted here for the quite uncanny solution that, as we are no more dealing with constitutional law, we can actually apply the rules of evidence we know from civil law. So in all matters regarding the consultants and the persons who have been violent toward children in any way, civil rules will apply, not administrative law, neither criminal law, which implies that civil rules of evidence will handle the cases that are not clear-cut and where there remains a doubt.
  • One may find loopholes in my system, as I am only one person to have worked this out, while for sure, a team of legal and also of psychological experts would be needed to draft such a bill, but I have done what I could. The rest is to be done by responsible lawmakers, and I am presenting this material, as is, to governments, as a next step, hoping that one or the other modern government will feel inspired by the ideas and is going to pick up on them.
  • My motivation in doing all this research and legal work was motivated by all the violence I myself suffered as a small child and in my hope that the world will change and give children better conditions to be raised in freedom and real safety — not the fake safety of child protection — and with the chance to build timely autonomy through love relations that mirror them their beauty and their intelligence, and that help them build their genuine identity.
  • My motivation also is to bring peace to the family, the community, and the globe as a whole, for the present legal system with its ‘sex laws’ surely will lead to civil war if it’s pushed through farther and farther, and that is so because it is based on wrong assumptions, on largely irrational motives and on a hidden agenda that after all only profits the corporate world and the professionals that make money within an ‘abuse-centered culture.’ Our responsibility is to care for more than our corporations, it is the responsibility to build a better world for our children, where they can grow without fear, knowing that their love lives and their intimacy are respected, sacrosanct, untouchable and holy.

Glossary

Code

The Code is a concept of psychoanalysis and means a codification in language of patterns of behavior that are part of human conduct — without asking if such patterns of behavior are wanted or unwanted, productive or counter-productive, legal or illegal.

It has been observed by Freudian psychoanalysis that the code sets up a structure in the human psyche that is conducive to law-abiding behavior, while uncoded desires or forms of conduct tend to bring about chaos, destruction, and crime. Hence the necessity for the social policy maker to code as much as possible desires and particularly sexual paraphilias so as to humanize the desire contained in them and render these desires conscious and subject of conscious control.

Desires that are not coded cannot according to psychoanalysis be sublimated and will instead be repressed and projected.

Jacques Lacan (1901–1981) and Françoise Dolto (1908–1988) have put particular stress upon society’s obligation to code desire in language.

The term is of high importance in the present public debate about so-called pedophilia in its obsessional focus upon the few marginal cases where children are abducted, tortured, sexually exploited and killed.

The public is infuriated about these cases because the press, for obvious commercial reasons, blows these cases up with a huge international and government-sponsored propaganda in order to take advantage from the blatant level of non-information and/or misinformation of the common media consumer.

And this despite the fact that psychoanalysts and health professionals have often emphasized the fact that it’s exactly the repression of pedophilicattraction in modern consumer societies and, even more importantly, the fact that such behavior is not coded that brings about the chaotic reactions, situations and crimes.

To make pedophilic attraction part of the code is exactly what I have tried to achieve with a new scientific vocabulary that embeds pedoemotions in a larger framework of emosexual attraction as a more encompassing concept for human emotions and sexuality than the hitherto very narrow and genitalia-focused definition of sexuality.

Emosexuality

I have created the term emosexuality in order to emphasize that sexual orientation is based upon emotional predilection and not vice versa, upon so-called sexual drives, as sexology assumes.

The term is not simply a composition of the words emotionality and sexuality. It does not only express that emotions and sexuality naturally swing together, but that this union creates the unique experience that we call Love.

The term has nothing in common with the same term used by popular culture as in the latter case it denotes a sexuality deprived of penetration, of a mere fondling nature. This is not the case in my notion of emosexuality that encompasses full sexuality but also full emotionality, as distinct from the robotic scheme of sexuality made up by modern sexology, which defends an artificial concept of sexuality that is somehow detached from human emotions and that is of an automatic, self-executive character.

Emosexuality describes the complex process of interrelations between our emotions and sexual desire that we strongly experience once we love somebody. The term sexuality has in fact very little significance because it is restricted to genital activity. Emosexuality is much larger a concept and is destined to serve sexology and cognitive psychology to better formulate the results of their research in the significance of love and of love relations between people.

Emosexual dysfunctions are pathological states on the emotional level, or on the sexual level, or on both levels at the same time, that negatively affect, or render impossible, the experience of a plentiful loving satisfaction in the hot-melting passionate loving embrace.

I speak in this context about emosexual attraction in order to denote that the healthy erotic attraction between humans is characterized by the undisturbed presence of both emotional and sexual feelings.

This is also the case between adults and children, and here I openly contradict mainstream psychology and sexology.

Emosexuality and emosexual as an adjective were the first creations of my new vocabulary that was ultimately an attempt to create a base structure for what today is called erotic intelligence. Once mechanistic scientists are beginning to accept that truth, we can go further and come up with the even more daring concept of Pedoemotions.

Whereas formerly only the mind, and even more reductionist, the brain was considered to be the source of intelligence, today we know that our emotions have their own unique intelligence, that in many ways surpasses the intelligence of the mind, and that our erotic emotions, including our sexual desires, have their own intelligence.

They in fact intelligently contribute to our holistic understanding of the world and reality; thus emosexuality is a form of cognition, and at the same time of communication.

Love

Contrary to common understanding, reflected in the Wikipedia article on love, I emphasize a holistic understanding of love that I express under the header: love is unity.

That means that love is always erotic, and erotically intelligent.

To my knowledge, this understanding of love is novelty and has not been introduced yet as a scientific or philosophical concept. However, all great poetry implicitly expresses this truth.

Succinctly speaking, this means that I am against the splitting off of love into so-called erós and agapé, on one hand, and the further splits of the unity of love into neat concepts.

These conceptual notions of love are enumerated on the above quoted Wikipedia page as:

  • parental love;
  • family love;
  • motherly/fatherly love;
  • love of children for their parents;
  • siblings love;
  • love for the ancestors;
  • love for one’s home country or patriotic love;
  • love for tradition
  • passionate love;
  • love for one’s husband or wife;
  • and so on and so forth.

What are these reductionist concepts of love good for? In my analysis of this question, that I asked for the first time in high school, in my philosophy class, the answer why this happens is the fragmentation of modern man and the rationalization and intellectualization of love.

Michel Odent beautifully talks about the Scientification of Love.

What originally is a matter of the heart became a concern for the brain, and instead of letting go for love to come as a spontaneous, novelty kind of thing, people in modern societies tend to think about love and wish to be loved instead of simply loving, and without asking anything in return.

The intellectualization of love, while it’s a rather modern phenomenon, is the result of splitting love in permitted and forbidden love, which is based on the upsurge of morality through patriarchy. This occurred for the first time in human history in the form of the so-called Code of Hammurabi.

Already before industrialization, Christian life-denial has done its part in the destruction of natural love and its more or less total perversion into the love-and-sex dichotomy that today is part of mainstream sexology.

The very split of love into love, on one hand, and sex, on the other, is perverse and anti-nature. The reason why this schizoid split was created in the psyche and behavior structure of Western people is moralism and fear, and here, in particular, fear of incest.

When a father says that he loves his little daughter, people want to make sure that this father means he loves his daughter in accordance with the incest taboo, and not as a sexual mate.

However, a unifying concept of love says that love always contains the potentiality of sexual attraction. There is no need to pervert our language simply because we are afraid that parents and children may not only experience love but also sexual attraction for each other. The chances that people act out on these attractions are, according to statistics, after all not very high, and yet because of various reasons, these ideas have become group fantasies and mass obsessions for modern man and are for this reason, and for this reason only, in our daily press.

The correct way to use language, and to use the word love, is to imply in it all its potential meanings and connotations, instead of cutting them out by splitting off love into loves, thereby destroying the unity of love.

For there is no way out than the antithesis of perversion as a result of this schizoid split.

We need to accept reality instead of fighting reality. Love is like the sun. It is impartial, and the force of its irradiation does not depend on those who are bathed in the heat waves.

With language it should be alike. When I say I love children I don’t bother if you think that I also love them erotically. What you think is your business, not mine. But we have to keep language pure so that our code does not get messed up.

Moralism

Moralism is a short term for a huge dilemma. It has nothing to do with morality, and I would go as far as saying that moralism is a perversion of true morality. One of the first perpetrators of violent moralism in human history was the Babylonian King Hammurabi. He was also the first ruler who used moralism as a political strategy.

Moralism is a cover paradigm and fake concern when there is in reality the most cynical indifference both in society and in government, and where there is a high level of structural and domestic violence and a strong suppression of truth and free speech. Every form of political fascism begins where these basic conditions are met; moralism is used strategically for the following pursuits:

  • Denial of sexual, emotional, cultural, ethnic or racial complexity;
  • Covering up uncomfortable or unpopular political reality;
  • Political strategy against dissidents or free thinkers;
  • Hegemonial strategy used to publicly pillory foreign states or governments;
  • Fascist strategy to curtail down civil liberties for social scapegoats.

Moralism is one of the most effective shields against the soul, protecting us from its intricacy. (…) I would go even further. As we get to know the soul and fearlessly consider its oddities and the many different ways it shows itself among individuals, we may develop a taste for the perverse. We may come to appreciate its quirks and deviances. Indeed, we may eventually come to realize that individuality is born in the eccentricities and unexpected shadow tendencies of the soul, moreso than in normality and conformity.

— Thomas Moore, Care of the Soul: A Guide for Cultivating Depth and Sacredness in Everyday Life, p. 17

Care of the soul is interested in the not-so-normal, the way that soul makes itself felt most clearly in the unusual expressions of a life, even and maybe especially in the problematic ones. (…) Sometimes deviation from the usual is a special revelation of truth. In alchemy this was referred to as the opus contra naturam, an effect contrary to nature. We might see the same kind of artful unnatural expression within our own lives. When normality explodes or breaks out into craziness or shadow, we might look closely, before running for cover and before attempting to restore familiar order, at the potential meaningfulness of the event. If we are going to be curious about the soul, we may need to explore its deviations, its perverse tendency to contradict expectations. And as a corollary, we might be suspicious of normality. A facade or normality can hide a wealth of deviance, and besides, it is fairly easy to recognize soullessness in the standardizing of experience.

— Id, p. 18.

Traditionally, in patriarchal culture and society, education was moralistic as a general rule. But even in our days of feminism and open criticism of patriarchal tradition, moralistic education has survived. It often takes hidden forms. Often concepts that are outspoken intellectual are forms of ideological pressure the child will be submitted to in the name of its own best, and for ultimate compliance with social and political dogma.

The suppression of the child’s emotions has many names and takes many subtle forms. It is manifested also in the intellectual dressage of the child. Who thinks only does not feel much, or much less. Such kind of water-head education may produce good surgeons or computer programmers.

Happy and harmonious human beings who think ecologically and can help healing the earth do certainly not come out of such educational institutions. Many of them will be active to bring about further destruction and misery to this tortured and moralism-enslaved humanity.

Pedoemotions

Pedoemotions are temporary, transient, recurring or exclusive emosexual desires and fantasies involving children.

While pedoemotions are not primarily sexual, they focus our emotional attention upon children in a way that children become more important, more attractive, more interesting to be with, more captivating and more seducing than they are for a control person with a lesser degree of pedoemotions.

Pedoemotions are present in both men and women and their love objects can be either male or female children or in a bisexual form both boys and girls.

Primary Power

I define as soul power primary power or self-power the natural and non-abusive power of a basically sane human being. Primary power is the natural power that the sane child develops when allowed to grow into autonomy and self-reliance.

This is namely the case when the postnatal primary symbiosis between mother and child during the first eighteen months of the newborn was a positive experience for both mother and child, and when the mother can allow the infant to gradually grow into autonomy as the child widens his or her grasp and perception of the environment and thus gradually leaves the condition of primary narcissism.

The development of primary power is however inhibited in case that the primary symbiosis was impaired and/or the mother is narcissistically fixated and projects on the child an ancestor or living parent, so as to ‘incarnate’ in the child a fantasmatic split-self, thereby obstructing the child’s emotional flow and the flowering of the child’s own individuality and intrinsic selfhood.

Soul Power, which I synonymously call Primary Power or Self-Power is a concept I have created to connote our original power, which is based upon innocence, and which is distinct from the harmful secondary powers or worldly powers, which are based upon knowledge, that profoundly mark our current society, and which are clearly violence-inducing, and in the long run damaging the human potential and natural human spirituality.

Developing soul power is conceptually linked to developing awareness of our intrinsic soul values that typically, and in the regular case, do not coincide with our accepted social values.

So there is at the starting point an inner conflict, or duality, between our soul values and our cherished and agreed-upon social values.

This inner conflict must not be silenced, but met with passive (and peaceful) awareness for this inner conflict is actually creative and brings about soul power in a way completely different from what fashionable life coaches such as Anthony Robbins are teaching and practicing, and what they use to call personal power.

By contrast, I denote as secondary powers the largely abusive powers that result from the fragmented, schizoid and overtly narcissistic mainstream individual that incarnates the core personality of our culture.

Different authors and scientists have given this dichotomy other names. Sigmund Freud and after him psychoanalysis as a whole speak of secondary drives, where I use the expression secondary power.

Gary Zukav, author of the bestseller The Dancing Wu Li Masters, speaks of authentic power vs. external power.



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Legal Policy for the 21st Century

Law and Legal Policy. Social Policy for the 21st Century. The 12 Angular Points of Social Justice and Peace. The Abandonment of Crime Laws for Harmless Wrongdoing. Positive Evolution. The Social and Legal Recognition, Integration and Coding of Adult-Child Sexual Relations.

Peter Fritz Walter

Written by

Human Potential Media Producer, Philosopher, Political Analyst| www.ipublica.com Twitter @pierrefwalter

Legal Policy for the 21st Century

Law and Legal Policy. Social Policy for the 21st Century. The 12 Angular Points of Social Justice and Peace. The Abandonment of Crime Laws for Harmless Wrongdoing. Positive Evolution. The Social and Legal Recognition, Integration and Coding of Adult-Child Sexual Relations.