Is Pedophilia a Crime or an Illness?

Mar 5, 2019 by

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We’ve never quite known whether child molesters should be treated as sick people or punished as criminals.

On Sunday, HBO premieres Leaving Neverland, the new documentary that tells the stories of two men who say they were repeatedly sexually abused by Michael Jackson while they were children. The new reckoning raises the persistently tricky question: Should pedophilia be treated as a sickness or punished as a crime? After Jackson was charged with several counts of child molestation, Dahlia Lithwick looked into the research to try to answer the question. Initially published in January 2004, the original, still enlightening, is reprinted below.

Again, and for all the wrong reasons, we can’t take our eyes off Michael Jackson. Whether or not the allegations are substantiated, the question is in the air: Is pedophilia a disease to be treated, or a crime to be punished? Are people who seduce minors sick or evil? Our current legal and medical systems blur both views. We call for the most draconian punishments (life imprisonment, castration, permanent exile) precisely because we view these acts as morally heinous, yet also driven by uncontrollable biological urges.

If sex with children is truly the product of freely made moral choices, then we should deal with it through the criminal justice system. But if it is a genetically over-determined impulse, an uncontrollable urge nestled in our DNA, then punishing pedophiles must be morally wrong. As science—and culture—increasingly medicalizes bad behavior, finding a neurological component to everything from alcoholism to youth violence, we run the parallel risks of either absolving everyone for everything, or punishing “criminals” who are no guiltier than cancer patients.

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