About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 Crim. Just. J. 119 (1986)
Lewd or Lascivious Acts with a Child under Fourteen: California's Extension of Force under Penal Code Section 288

handle is hein.journals/tjeflr9 and id is 133 raw text is: LEWD OR LASCIVIOUS ACTS WITH A CHILD UNDER FOURTEEN: CALIFORNIA'S EXTENSION OF FORCE UNDER PENAL CODE SECTION 288 I. INTRODUCTION Under the impact of laws which make it criminal to show sexual tenderness and love to a child, and firmly believing in the fairy tale about the child's asexuality, innocence and purity (such as it was spread by pedagogues and moralists), public opinion was in- cited to a frenzy of fierce hatred against pedophiles, and its natu- ral aggression found a new outlet in claiming that these criminals should be put in jail for life, should be shot, should be castrated. If it had been my own child that he'd touched, I could have strangled him with my own hands! a well-known television per- sonality exclaimed, and he was vigorously applauded. That chil- dren were battered to death or severely injured by their own parents, killed or maimed for life by drunken drivers, never raised half so strong a fury.1 The kids call this Big Bertha's Butt Maker, because it's got a wheel here in the back that you turn, and has a arm in front. And when you turn the wheel, the arm goes back and forth. The ten year old is the only child that came from a broken home. Everybody else has a mom and a dad intact. The ten year old talked about toys. He wasn't talking about the cars and Tonka trucks that my ten year old talks about; he is talking about this (displays a photograph). Already ten years old, and he knows the sadomasochistic terms of toys: the dildo, the butt controller.2 Caught in a net of divergence are the varied species of adult sex offenders who partake in unlawful indulgences with minor children. Ranging from the pedophile who loves children and takes their sex- uality for granted, to the exploiter who peddles them as wares in the marketplace, the law must somehow preserve the spirit of impartial- ity through its compilation and application. 1. Brongersma, Aggression Against Pedophiles, 7 INT'L J. LAW AND PSYCHIATRY 79, 81 (1984). 2. Child Molestation: Hearing before the California Legislative Assembly Committee on Criminal Justice (Nov. 1980) (testimony of Lloyd Martin, L.A.P.D.).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most