By Julie Gauthier
A child is brutally sexually assaulted. A teacher, who five years earlier was diagnosed by the school board’s psychologist as displaying pedophile tendencies is found guilty.
This tragedy could have been avoided if Canadian laws were more effective in protecting children, rather than pedophiles.
Lord Woolf, chief justice of England and Wales, thinks he has the answer.
He has recently suggested that persons with even mere tendencies towards pedophilia should be imprisoned indefinitely, even before having committed any crime. He argues that the rights of an individual should be weighed against the need to protect the community, especially potential victims.
Its an extreme position but one worth considering because there is no crime more offensive to humanity than pedophilia.
His proposal would certainly keep the community safe from sexual predators – it would also violate human rights.
However, there is no reason that the rights of a child molester should be more important than the rights of a child.
The John Howard Society of Alberta found that the long-term (15 to 30 years) re-offending rate of sexual offenders is about 61 per cent. This study points out that there is no cure for pedophilia.
Gary Rosenfeldt, executive director of Victims of Violence, agrees that the rights of the community should be put first, and that Woolf’s suggestion to lock the offenders away indefinitely is an effective solution.
“I agree with him. Once it’s been ascertained that a person is a pedophile, then that person should be detained,” he says.
Rosenfeldt says he believes that pedophilia is an incurable mental illness and it should be treated as such.
“I think they should be living under supervision. This isn’t to say that that’s barbed wire or prison, but there is the need to target and watch them and make sure that they aren’t given access to children.”
According to Rosenfeldt, child molesters don’t understand that what they are doing is wrong. Instead, they see their actions as “proper and good” and think that they are showing children love.
“Pedophiles will have a lifelong desire for children and often it’s not fair to anyone in the community to have these types of people living in their community. If you can’t treat him, you need to keep him away from children.”
This imminent threat pedophiles pose to children leads many to argue that the legal rights of Canadians, as entrenched in the constitution, should be suspended. This would allow for the police to warn the public when a sex offender is released.
Others, however, argue this can do more harm than good.
Valerie Steeves, a law professor at Carleton University, believes that if the rights guaranteed to one person are not extended to everyone, abuse of power will occur.
“There is the assumption that a moral panic should justify a weakening of civil rights and that is problematic and unhealthy for society.”
While Steeves says pedophiles are dangerous, she also argues that there are serious repercussions to advising the community of the release of a pedophile.
“When you inform (the community), you are inviting a whole slew of social responses that are destructive for everyone.”
Steeves says that Woolf’s proposition would be a dangerous assertion of state power.
“The state would start to expand power over other people that they don’t approve of.”
According to Don Wadel, executive director at the John Howard Society of Ottawa-Carleton, notifying the public about the release of pedophiles poses a number of risks to the offender, as well as the community.
“There is a much higher risk of re-offending because the (community reaction) leads to stress that may increase the overall risk.”
But, Wadel also feels that certain people should be aware of a potential risk, such as a pedophile moving into a neighborhood with small children. He says targeted notification ensures community safety.
The police would warn members of a community where there is the potential for danger, and they would follow-up by making frequent visits to the area.
Rosenfeldt agrees that community protection is essential, but doesn’think notifying the general public is the answer.
“To put up pictures of a pedophile is ludicrous and does more harm than good,” he says and argues that driving them out of the community can increase the risk.
He says that it is better to know where the pedophiles are living so that the community and police can keep close watch on them.
Woolf’s suggestion is controversial It is fair to say that taking away the civil liberties of pedophiles is a risky proposition.
But, tell that to the parents of a child assaulted by a pedophile. To live in a community with child molesters, who will re-offend if given the chance, is a risk that no one should have to take.