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AOC Laws and Justice
It is an essential property of a law if as the society, as the
perpetrator considers the law as fair and just. Usually for almost all
crimes even the perpetrator knows that he was doing something wrong
and the society has a right to protect himself against this crime. A
law without this property is at least suspect. Such a law is usually
pure repression, without the educational function usually connected
with fair judgement.
The AOC laws forbidding consensual relations are an extremal
example of such a law. The relation itself is usually considered at
least by the pedophile and the "victim", but often even by observers,
as positive or at least not harmful. On the other hand, we have very
high penalties, usually the same as for rape. This is considered, at
least by the pedophile himself, as injustice, not
only in such extremal cases like the Butler case.
Usually the penalties for consensual pedosexual relations are higher
than for non-sexual violence. This is caused by the usual point of
view:
- Sexual violence is worse than non-sexual.
- Consent of the child doesn't matter, thus consensual sex is the same as
violent sex.
Thus, the relation is reverse compared with adults: violence against
adults is a crime, consensual sex not. Even if a pedophile can
understand that the society is against pedosexual relations and
forbids them, this reverse relation of the possible penalties is
injustice. Last not least, the main argument against the pedosexual
relations is the assumed harm. To have higher penalties for a relation
without any actual harm than for a crime which has lead to actual harm
for the child is not justified by this argumentation.
This leads to the conclusion that the "harm for the child" is not
the real reason for such harsh sentences.