RAI - Social Action Department

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FORUM

PAEDOPHILIA

In collaboration with Co.re.com Friuli-Venezia Giulia

Paedophilia and responsibility

UN convention of the rights of the child

Treatments: an open discussion

Prevention and control: advice from associations

Manual for safe surfing on Internet (published by Co.re.com Friuli-Venezia Giulia, with the Italian Post and Communications Police)

(For information on prevention and the fight against paedophilia see Ciclope Project, in the Codes section)

What is paedophilia?

The World Health Organisation includes paedophilia in the list of sexual disturbances. It is a psychiatric pathology which is part of the so-called sexual deviations, meaning disorders which involve an attraction for something unusual, like inanimate objects, or in this case, children.

More precisely, in accordance with the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, in its most recent edition (DSM-IV), paedophilia is considered to be sexual activity with pre-pubescent children by individuals who are over age 16 (and at least 5 years older) and who feel and intense and repetitive desire for at least six months.

There are no elements or studies which can be used to identify the causes of the disorder, nor scientific certainties. It is a psychiatric pathology and no chromosome, hormone or genetic alterations have been found which can identify a paedophile.

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Some figures

In Italy

- Since 1996 854 children have disappeared each year. More than 2 a day.

380 children have still not been found.

- Each day 2 children are sexually abused.

- 1000 cases have been tried for crimes involving abuse and mistreatment of minors. Half of these cases regard sexual violence.

- 60-70% of sexual and physical abuse occur within the home.

- An estimated 21,000 cases of paedophilia occur in Italy each year.

- There are 15 Italian paedophilia organisations which call themselves "cultural".

- Italy ranks second in the world for "inclusive tours" to Thailand, sexual tourism in the quest for minor partners.

Worldwide

- 2 million children are sexual slaves. They are sold to their masters for an amount ranging from 400,000 to 2,000,000 lire.

- 7 children out of 1000 are subjected to violence.

- In 1999 alone 7,650 paedophile Internet sites were identified and censured. 55% in the USA, 13% in Eastern Europe and 5% in the Middle East.

- The online paedophile market is worth more than 5 billion dollars.

- The photos of children cost 30 dollars on average, but they can reach 100 if they depict violent scenes or with animals.

(Source: Censis, Criminalpol, Telefono Azzurro, Centro Italiano for international adoptions)

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Paedophilia and responsibility

It is important not to confuse paedophilia (as a psychiatric disease) and mental competence: in 99.9% of the cases, paedophilia behaviours are lucid behaviours and thus can be tried in the penal system. Therefore, paedophilia is a disorder which does not imply penal deresponsibilitation.

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What does the law say?

There is a specific law against the exploitation of minors in Italy, "Regulations against the exploitation of prostitution, pornography and sexual tourism to the detriment of minors, as new forms of decrease in slavery". Published in the Italian Official Gazette no. 185 of 10 August 1998, the law sentences and punishes the exploitation of prostitution, pornography and sexual tourism to the detriment of minors. The law was later integrated and modified with regulations to more specifically fight paedophilia ("Modifications to law 3 August 1998, no. 269").

The text of this law can be found on the Internet site http://www.interlex.it/testi/s57.htm.

For those who sexually exploit minors, for prostitution or to create peado-pornographic material, the law provides a minimum of 6 and maximum of 12 years of incarceration and a fine from 30,000,000 to 300,000,000 lire. Selling of minors under age 18 with the aim of using them for prostitution is punishable by incarceration from 6 to 20 years. Longer sentences are applied if these crimes are committed within the family, or involve children between ages 14 and 16.

There is also law no. 66 of 15 February 1996 "Regulations against sexual violence" (which partly regards minors), and law no. 154 of 4 April 2001"Measures against violence in family relationships.(http://www.giustizia.it/cassazione/serv-novita/l66_96.html), (http://www.minwelfare.it/main/AreaFamiglia/documenti/lgg05042001.pdf)

The Senate presented a Bill to fight paedophilia (no. 1342) on 27 May 2002, based on an initiative of senators Tredese and Fasolino. It involves modifications to the penal code and other regulations to prevent crimes connected with paedophilia.

(http://www.senato.it/bgt/ShowDoc.asp?leg=14&id=00018157&tipodoc=
Ddlpres&modo=PRODUZIONE)

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The Noto Charter

At the end of the Convention held by ISISC (Istituto Superiore Internazionale di Scienze Criminali) in Noto, 6-9 June 1996, organised by barrister Luisella de Cataldo Neuburger on the subject "Sexual abuse of minors and penal trials", the Noto Charter was drafted and approved. The Charter was published in Italian Official Gazatte no. 42 of 20 February 1996 and has been in force since 6 March 1996 (the text can be seen on the website http://www.interlex.com/testi/as2625-2.htm). This document includes the guidelines for investigating and the psychological exam of the minor and originated for interdisciplinary collaboration between magistrates, barristers, psychologists, psychiatrists, child neuropsychiatrists, criminologists and medical examiners.

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UN convention of the rights of the child

On 27 May 1991 with law no. 176, Italy ratified and enacted the convention on the rights of the child, approved By the United Nations in New York on 20 November 1989. (http://www.aquiloneblu.org/rapporto/legge176.htm).

The European Union has also acted to fight child pornography, in particular child pornography on Internet: Decision of 29 May 2000 (2000/375/GAI). (http://europa.eu.int/ISPO/docs/policy/docs/42000X0375/it.pdf).

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Treatments: an open discussion

Two treatments have been examined for curing paedophiles: the first is aimed at correcting the hormonal profile, commonly called "chemical castration", the second involves treating the psychiatric disorder.

The idea behind correcting the hormonal profile is to reduce testosterone (male hormone) or at least its effects with some drugs (primarily cyproterone). But to have a lasting effect the individual must be forced to take this substance for a long time and this may lead to irreversible physical injuries.

From a psychiatric viewpoint, paedophilia is manifested as an obsession and emotional disorder. The paedophile is an obsessive because he has the repeated idea of finding a child and using this child emotionally and sexually, an idea which he is unable to control. There are drugs which are capable of relieving this repetitive thought mechanism, but this type of treatment is not seen as a permanent solution. To treat the emotional disorder, often caused by childhood traumas, psychotherapy is used.

The debate over drug treatment to correct the hormonal profile and on psychiatric treatments continues and is very heated. To date it has not led to short term solutions.

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Prevention and control: advice from associations

The best way to fight paedophilia continues to be prevention: this involves correctly educating children and parents and making them aware as well as increasing control.

To accomplish this, various associations committed to protecting the rights of children have published small manuals with rules and advice, which can all be consulted on Internet:

"Guida per i genitori alla prevenzione dell'abuso sessuale e dei suoi effetti" by Telefono Azzurro http://www.azzurro.it/guida1.htm.

Telefono Arcobaleno's recommendations

http://www.telefonoarcobaleno.it

Aquilone blu's recommendations

http://www.aquiloneblu.org/regole/regole.html

Abusi.it's recommendations

http://www.abusi.it

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Paedophilia and the Web

The Italian government decided to intervene to try and regulate the use of the Net and prevent it from being used to commit crimes punishable by law (law 269/98).

Concerning the Internet-minor pornography relationship, article 600-ter of law 269 states: "whoever exploits minors in order to create pornographic exhibitions or to produce pornographic material, shall be punished with incarceration from six to twelve years and with a fine from fifty to five hundred million lire. The same sentence applies to those who sell pornographic material pursuant to the first paragraph. Whoever, excluding the crimes in the first and second paragraphs, with any means, even via data communication, distributes, disseminates or publicises pornographic material pursuant to the first paragraph, or distributes or disseminates news and information aimed at luring or sexual exploitation of minors, shall be sentences with incarceration from one to five years and with a fine from five million to one hundred million lire.

Whoever, excluding the crimes pursuant to the first, second and third paragraphs, knowingly gives others, even free of charge, pornographic material produced by sexually exploiting minors, shall be sentenced with incarceration up to three years and a fine from three million to ten million lire."

According to this law, even providers who host paedophile sites or those containing pornographic images of minors on their servers, can be charged with these crimes; however, this is an "extended" interpretation of the law which has been criticised by many sides.

In addition to the law, which is still lacking in terms of Internet, the only effective solution for fighting paedophilia is a self-regulatory system, which involves the commitment of all Internet active and passive subjects: navigators should immediately report the presence of paedophile sites on the Web, managers of pornographic sites (often the preferential channel for accessing illegal sites) should make a commitment not to host illegal photos or films and not have links to page containing pornographic material of minors, the providers, in addition to the current law, should monitor the sites hosted on their servers as much as possible and refuse to host sites with illegal contents. Finally, search engines, a possible starting point for those who wish to access illegal sites, should make it impossible to effect searches with key words which could generate results with paedophile contents.

Associations, organisation and law enforcement agencies have created small manuals to teach parents and child how to navigate safely.

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Manual for navigating safely on Internet (published by Co.re.com Friuli-Venezia Giulia, with the Italian Post and Communications Police)

Without closely monitoring the parents try to learn how their children use Internet (what are they doing? what are they interested in?).
Transmit to their children interest for what they are doing on Internet and teach how to operate a PC and the Net.
Avoid putting the PC in the children's bedroom, it is better in a room with common access these making the use of Internet a family activity. Alternatively, use the PC together with your children.
Do not allow a credit card to be used without authorisation.
Teach your children not to provide personal details or information or objective confirmation regarding themselves (name, surname, age, address, telephone and mobile phone numbers, income, school address and schedules, names of friends etc.).
Teach your children never to agree to personally meet people they have met online (unknown people met in this way can be just as dangerous as those randomly met on the street).
Teach your children not to reply when they receive vulgar, offensive or dangerous e-mail messages, explain the rules for good online conduct to them (not using foul or inappropriate language and behaving correctly).
Teach your children that filling our Internet forms can only be done with the parent's authorisation.
Make an agreement with your children on how much time they can spend on Internet without considering the PC, like the TV, as a babysitter.
Add "family protection filters" (e.g. davide.it) to the PC which prevent access to undesired sites (violent or pornographic) and periodically check that the filters are operating correctly and keeping any key words secret;
In the event that you find paedopornographic material in a newsgroup or community, or if you receive e-mail messages with paedopornographic references or if you are contacted by a user who sends paedopornographic material, tries to lure a minor into a chat or makes it understood that he has sexual relations with minors, immediately inform the Italian post and communications police who will tell you what to do.

How private companies can contribute to an aware use of Internet

Providers and Internet connection service providers must be equipped with systems able to "identify" and authenticate a minor asking for access to the Net, communicating and certifying the presence of a minor to the entire Net, preventing the minor from sending his or her personal information or the family's, allowing the parents to inform the provider or Internet service provider of the connection duration and time slots the minor is allowed.
Providers and Internet connection service providers will thus prevent displaying of unsuitable pages (with violent, pornographic or paedopornographic contents) or otherwise forfeit the right to exercise the activity of provider or Internet connection service provider.

Proposals for a virtual space ethics

It is necessary to add the crime of "connivance" to the penal code for those who allow access to violent, pornographic or paedopornographic material on Internet, prosecuting any providers or Internet connection service providers.
In relation to the information campaign the Ministry intends to promote, it is opportune to indicate a national contact as well as an information campaign contact for each region. The Corecom, or in the few regions were they have not yet been instituted, the Corecat, can act as institutional contacts.

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