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Polanski and the Bounty of Childhood Sex
Despite all his
very good films (and I believe they are very good but not exceptional)
Polanski may perhaps be and certainly deserves to be best remembered for a
passing moment, a few hours of sex with young what’s her name, some hot
Lolita. That moment should be memorialized because Polanski’s persecution is
as important in cultural history as the persecution of Jean Calas. My only
concern is: Will Polanski find his Voltaire?
However, the
argument that Polanski should be given a pass because he is a great artist
is obviously fallacious. If he had perpetrated a real crime, such as murder,
there would not be the least doubt that he should be punished. We deplore
Gesualdo’s good fortune. We are offended at preferential treatment for
celebrities even when it comes to minor infractions because that seems to
elevate them to the status of a kind of nobility.
No: One’s
standing as an artist is no reason to escape punishment. There may, of
course, be a motive behind this argument, however tenuous. The hidden
thought may be that certain artists, as legislators for our mores, should be
considered as special cases not because their persons are somehow elevated
above the rest of us, but because their actions have a revelatory or
pedagogic value that is beneficial to mankind. This thought is not to be
dismissed without reflection, but I won’t take it up here. In a like manner
Polanski’s defenders probably believe that his actions did not in fact
constitute a crime, or at the very least no crime more serious than
jaywalking. To come right out and say so, however, would be politically
unwise and would probably not help Polanski in his actual predicament. This,
I believe, is a valid point. Furthermore, I think it needs to be stated
bluntly, so I’ll rush in where Hollywood fears to tread. On balance, I don’t
think what I say will have an effect of Polanski’s case one way or the
other. And, in a wider perspective, being honest and aggressive about the
fraud that has been perpetrated on
the world in the name of child abuse will have better effects than continued
dithering. Others may be worried about remaining eligible for an Oscar, but
I, like Eminem, don’t give a fuck.
So-called
child molestation, which is actually just an abusive term for childhood sex
is not a crime. The reason is simple. The act can be divided into two
parts potentially. One is the sex, the other is physical (or excessive
psychological – a vague and dubious concept) coercion. It is true that
physical coercion can be criminal especially if it involves inflicting
physical pain. However, coercion by itself is indifferent to the age of the
victim. Coercing anyone to do anything against their will is at the very
least immoral. Doing so at the point of a gun is often criminal (Coercing
the perpetrator of a holdup to desist at the point of a gun is not
considered criminal, but coercing a soldier into battle at the point of a
gun may be considered criminal). However, proponents of so-called child
molestation make clear that coercion is irrelevant to the supposed
criminality of the act since even consensual sex with children is
criminalized.
It is true,
however, that there is an age younger than which children are not capable of
making rational choices about their actions. Obviously children below a
certain age are not in a position to sign contracts because, even if the
child knew what a contract is, he or she might still not be able to grasp
its long term implications. However, the more proper criterion for relevant
long term complications should be limited to legally enforceable financial
commitments or behavioral commitments. A child is perfectly capable of
deciding for himself whether he wants to mow the neighbor’s lawn. And even
in contract situations, parents are allowed to countersign for the child in
cases like performing or acting where children are hired partly because of
their age. (The mother’s consent in the Polanski case is not completely
relevant since current law would criminalize the mother also, and also, more
importantly, the sex act is not significant enough to call for parental
consent.) The long term consequence of later social disapproval is also an
irrelevant reason and largely unenforceable as part of any law. If a parent
or other “perpetrator" could be punished for asking a child to do something
whose later social disapproval remained beyond the child’s comprehension,
much of what children do would be a matter of criminal abuse. Encouraging a
child to have a black friend would by that reasoning be a criminal offense
in many American suburbs, as would putting a political sticker on a child’s
lunch box.
If coercion and
age are irrelevant in the spurious criminalization of childhood sex, that
leaves the sex. The reason childhood sex is a criminal act must be the sex.
But, if sex were the critical element, if sex were in itself damaging or
evil, then all sex should be illegal. Apart from a few
hysterics and other
illiterates, no one would find this to be an acceptable conclusion. Sex is a
pleasurable act and an enjoyable experience that, absent external and
irrelevant disapproval, need have no deleterious consequences. This
principle is as true for children as it is for adults. There is nothing
identifiably specific in the child’s mental make-up that accounts for any
special harm caused by this pleasurable experience. Of course, any physical
activity runs some risk of physical harm, however small. Sexual activity in
particular could result in vaginal or anal tearing, especially in a smaller
body. But, if that were an applicable principle, the prohibition of sex
should apply to dwarves but not to children above a certain physical
stature. Indeed the potential for physical damage is an argument not to ban
the activity, but to ensure is safe pursuit. Pee wee football is susceptible
to far greater damage than mere fucking. But the potential for damage is no
reason to ban the sport but rather to make sure the players wear safety
equipment.
An interesting
dialogue between an actress and a
journalist throws a bit of light on the harmlessness of childhood sex and
the true damage inflicted by its persecution. The fact that Hillary Swank
shows her fully nude body in front of a child without perceivable harm is
but one of many examples where children are exposed to sex and react with
either indifference or pleasure. That her comments were published with
little or no editorial comment shows some inclination to push back against
the absurd criminalization of such behavior. Truly sad, however, is the
extent to which the journalist has manifestly internalized the prohibition
of sexual behavior around children. The journalist really has nothing to “be
conscious” about except maintaining her body so it remains as attractive as
possible.
The case for
psychological damage is even weaker because there is a good argument that
only a very small portion of psychologically damaging activity (such as
torture) merits criminalization. Otherwise every nag would end up in the Big
House. (The idea that judges could be counted on in their wisdom to apply a
bad law such that Polanski would be sent up but nags given a pass is not
relevant here, partly because there are untrustworthy judges just as there
are bad laws, but primarily because our focus is to determine the moral
grounds which could be used by a “wise” judge can make an exception in some
unhappy situation. But if that is the case, why not just determine the moral
grounds for good law and leave out the arbitrariness of the judiciary?)
There is in fact abundant lack of reliable
statistical evidence (pp. 24 ff.)
that shows any psychological damage from childhood sex, even granting a
highly prejudicial definition of psychological well-being. The anecdotal
evidence compiled from interviews with children has been
found to have been manipulated and
in some cases invented (a genuine criminal act). Moreover, thanks to Melanie
Griffith and the admirable
Richard Dawkins
(and indeed Samantha Geimer, Polanski’s own
“victim”),
we do
have
dependable anecdotal evidence that childhood sex
has no effect whatsoever. Although Dawkins does deplore the fact of his own
“victimization,” he quite simply states that the experience itself was
“embarrassing but otherwise harmless (p. 316).” He obviously seems to have
suffered no ill effects in later life, unless one perhaps plausibly
maintains that an Oxford professorship is a sure sign of a mental trauma.
Indeed some of those baby beauty contests strike me as a lot more creepy
than a passing blow job. Most tellingly, the legal age for marriage in many
states and countries before the child abuse fad hit should have resulted in
a long history of psychotic brides. Which it didn’t.
One psychological phenomenon that can be
associated with the sex act but does not respect age is, to use Freud’s
felicitous term, object choice (Some still call this “love”) and the often
tumultuous passions that attend the associated disposition. It may be that,
because of a still untried nervous system, the passions of object choice are
particularly acute in children. Flaubert’s
Louise
certainly did not lead a happy life (at least the last time we met her; who
knows what happened in her life with her singer) and certainly made an
unwise marriage decision largely based on her childhood infatuation. But I
daresay, that is precisely my point, since Mlle. Roque‘s infatuation did not
involve sex but little more than companionship. Object choice and violent
infatuation is related to but independent of sex. In fact, if the anecdotal
evidence of many unhappy Victorian marriages is reliable, unsuccessful sex
can negate the effects of the initial object choice. Sex with multiple partners may lessen the
tendency to exclusivity, which is the real motor behind much of the
unhappiness of object choice. It may be best to avoid the violent storms of
object choice by teaching children (and adults) to dissociate the physical
pleasures of sex from the emotions of object choice. The sexual act, it
should be taught, has as little do with whom we choose to fixate as Little
League baseball. Perhaps if little Janey learns that the earth will move
with any number of different companions, she won’t be so heartbroken over a
single rejection (An interesting illustration is in the film L’Ennui
where the adult becomes obsessive and infatuated and the child happily
poly-partnerish). Indeed Frédéric fixated on the one woman with whom he
could not have sex and his was not the only story in the novel of having to
settle for the possible in life for want of the desired. Would it have been
better for the for Flaubert’s bittersweet “Et ce fut tout” to have been
pronounced at a younger age? Perhaps, but a novel about ruminant
satisfaction may not have been as good. And sentimental education is often a
lifelong process.
Lacking any
real evidence to support the thesis that childhood sex is harmful, aside
from a few “confessions” coerced from children brainwashed by quack
psychiatrists, the erotophobes resort to rhetoric, borrowing a technique
from their goddist allies whereby a lie is repeated loud and often.
Fortunately for them a rhetorical tool kit comes ready made in the form of
the 19th century cliché of the honest girl seduced by the
heartless cad. The sex, you see, was so traumatic for the poor thing that in
despair and self loathing at the violation of her precious pussy she turned
to a life of degradation and hookerdom. (Eventually someone noticed that
despair over the consequences would be avoided if she just didn’t have to
suffer the more egregious consequences.) Consider this unsubstantiated
psycho-babble currently posted on
Wikipedia: The effects of child sexual abuse include depression,
post-traumatic stress disorder, anxiety, propensity to re-victimization in
adulthood, and physical injury to the child, among other problems. Compare
this passage from a
history of 19th century English
mores. The internal quotes are from Gentleman’s Magazine:
The plausible young man professes ‘the most solemn vow of constancy’ and
lures the girl from her parents; the couple flee to London where the man
accomplishes his ‘infernal purpose of pollution’; he then abandons the poor
girl, who can’t return to her parents because of ‘the recollection of that
dagger which she has plunged into their hearts by the disappointment of all
their fond hopes.’ The girl, with no chance of success in the world now, has
no choice but ‘to solicit the embraces of any coarse sensualist, of any foul
debauchee, that will pay for the enjoyment of her person’; the process of
degeneracy continues and as she grows older and more desperate, she takes to
the bottle and spends time in Bridewell, the prison for prostitutes. (p.
162)
(If the old
folks at home had simply said, “Make sure to get an abortion, dearie, and
I’ll have supper waitin’ for ye when ye get back,” perhaps Bridewell would
have had one less inmate.) The other and in this instance current analogy is
the lurid imaginings on the part of goddists regarding recruitment into “the
gay lifestyle.” Byron’s memorable “Some die, some fly, some languish on the
Continent,” no longer applicable to the fair sex has been transferred to the
“underage” and the “naturally heterosexual” with not a flicker of moral
qualm.
Incidentally,
stripped of its punishments, the “degraded” lifestyle conjured up by
Gentleman’s Magazine isn’t really so bad. I daresay the life of a porn
star or a hooker is both more personally fulfilling and more culturally
beneficial than the tedium, desiccation and venality of the lives of most
lawyers and politicians or the soul deadening tedium of an aspidistra
watering PTA mom. Wouldn’t the perfect life be that of a child hooker who
saves her money and retires at the age of twenty to perhaps pursue
philosophy, art or science in the bosom of economic security?
So the elements of so-called child molestation –
coercion, age and sex - are in themselves not criminal. Perhaps it is some
lethal combination of the three that provides a basis for criminalization.
Yet it is hard to see what combination would work. Coercion, except in cases
where the coercion is directed against a potential criminal act, should
stand alone as an immoral and possibly criminal act. If coercion is
involved, it makes no difference what the victim was coerced to do. And, as
we saw, coercion is not even a necessary element in sexual criminalization.
Arguments for the supposed harmfulness of sex turn out to be arguments for
instruction in practicing sex properly. Arguments for the harmful
combination of sex and age turn out to imply the prohibition of any number of
activities that children are now allowed to do or to restrict procreation to
artificial insemination.
Counter-arguments, by the way, for the
inevitability of childhood sex (just as the more often used arguments for
the inevitability of drug use or abortion) are not persuasive on their face
because assessments of right and wrong do not yield to inevitability.
However, correctly stated, the argument from inevitability is very strong
indeed. If an activity has occurred despite its criminalization, and if that
activity by itself resulted in no harm to those who practiced it and no
physical harm to others or theft of property from others, then that in
itself is a proof that the activity should be not be criminalized. The
actions took place in spite of the law and the actions caused no harm. The
statistics that show the inevitability of these sorts of criminalized
behaviors demonstrate the first half of the conjunctive proposition
expressed by the
preceding sentence. As of this writing there is no reliable disproof of the
second half.
But we can go further along these lines. Childhood
sex is not just inevitable, it is commendable. (Drunken orgies are also
pleasurable although the actual physical consequences of drunkenness at any
age diminish its justifiability.) It is commendable because it is
pleasurable and anything that causes pleasure without physical harm or theft
of property is a good thing. Polanski brought a moment of pleasure to a
young girl’s life. She should thank him.
Again age difference between the partners makes no
difference to the beneficence of childhood sex. Otherwise either age
difference would lead to the prohibition of all sorts of activities or else
sex would have to be treated as universally harmful. Either little Billy
shouldn’t be allowed to go hunting with grandpa or else the law would have
had to dictate that little Billy be conceived in a test tube. Indeed,
considering the need to instruct children in the practice of sex to avoid
minor cuts or the perils of object choice, an older partner could very well
function as a valuable mentor.
Included among the reactions to Polanski’s arrest
are the by now tedious chest thumping of outraged fathers to the effect
that, “If they catch any slime even looking sideways at my daughter, I’ll
(Insert your preferred violent verb).” Logically these are not arguments but
emotional expressions. They are no different from the anti-Semite's
assertion that he becomes violently nauseous if he even sees a Jew. Their
purpose is rhetorical, namely to underline the supposedly obvious and in a
self-reflexive sort of ad hominem turn (Shall we call it ad se?),
give it spurious validity by the force and pathos of the parent’s misery.
The problem is that such reactions were little heard of before the
artificial hysteria created by the goddists as a result of the fraudulent
McMartin charges. Absent a real crime this primitive breast beating has all
the ethical validity and emotional authenticity of a losing sports bettor’s
hatred of the refs. Spontaneous personal emotional reactions are the least
reliable way to support a position. Used as an argument it blackmails us
into parlaying our natural sympathy at the parent’s distress into a judgment
about whatever causes that distress. But the two are logically and ethically
unrelated. And personal spontaneous reactions may of course be culturally
conditioned. At the very least they are utterly arbitrary. I still feel
disturbed when I see men kissing (The famous yechh factor), but my unease is
not an argument for the immorality, much less criminality of men kissing.
More justifiably I’m absolutely revolted when I see these so-called priests
and ministers filling children’s heads with lies, fears and prejudices, but
I shan’t use my personal reaction as an argument for getting rid of priests
and ministers, however desirable an eventuality that may be. This sort of
emotional blackmail tells us more about the person who expresses it than
about the act against which his reaction is directed. Freud’s well known
observations on the family love triangle are particularly relevant to this
sort of expression. The violence (the investment of energy in Freudian
terms) of fathers’ outcries leads one to expect that their motives lie far
beyond any imagined harm to their children. The extra emotional energy comes
from their own sexual attraction to their daughters. The language used is
not so much that of the concerned guardian as of the jealous suitor. One
might add that there is an element of outrage at personal segregation, a
jealousy that the child can participate in pleasures from which the parent
is excluded. We of course, don’t need the details of Freudian theory to see
the parental love triangle at play in these exclamations. If we can’t see it
here, we likewise cannot understand the comic trope of teenage daughters,
junior high boyfriends and hostile fathers.
It is
particularly ironic that the Church of Rome, an outdated institution that
over the centuries has wrought far more than its fair share of suffering on
its unfortunate victims, should have been brought to its knees by an
exaggerated application of principles it fosters – indeed helped in
creating. Those poor priests were condemned not for their real acts of moral
turpitude – filling children’s heads with lies; applying the shackles of a
superfluous moral censor that will plague them for the rest of their lives;
constant warfare against some group or other, usually the Jews – but for a
little harmless butt-fucking. This remarkable incident deserves fuller
treatment than is appropriate in the present context. For now I suggest the
reader consult Dawkins’ fascinating
chapter
on the subject.
Criminal, and
indeed legal distinctions in general based on an arbitrary age distinction
are simply foolish. There is no justification in biology, social benefit or
natural law for the absurdly old age of eighteen. Children have long passed
puberty by that age and are in fact largely sexually active. If a girl is
hot on her eighteenth birthday, she was hot when she was seventeen and 364
days old. The situation is analogous to the equally arbitrary and largely
ignored cutoff age for alcohol. Children can be punished for any real crimes
they commit even while not drinking, but drinking itself is not a crime and
age adds nothing to its definition as criminal.
One of the
truly unpardonable side effects from the arbitrary criminalization of
childhood sex comes from the hysterical reactions and excessive punishments
that result when someone is caught. Not a day in prison should be spent by
those who engage in childhood sex. In some cases the adults deserve the
child’s gratitude. The real and perhaps permanent trauma comes from the
psychological abuse that is suffered by children and the impressionable when
truly wicked people try to convince them that they did something wrong. It
is a form of abuse that, in addition to potential imprisonment, includes
verbal harassment and techniques of behavioral modification. There is
something of an
epidemic
going on of turning high school hijinks into felonies and threatening
children with penalties better suited for mass murderers. Children who, for
example, text nude photos of themselves should not only not be punished,
they should be allowed to publish their photos on social networking sites.
Let me stress
once again that my argument is not based on moral or cultural relativism
(although arguments from cultural diversity serve an important critical
function) nor from the misplaced belief that there is no right and wrong,
that everything is permitted. I argue rather from the principle that there
is such a thing as right and wrong. However, much that is currently
considered a moral good is in fact a moral evil. Specifically, laws
regulating mores are morally wrong and intuitively repugnant. Wicked laws
may rightfully be broken; indeed it is a defensible position that breaking
those laws is itself a moral good. But at the same time not every individual
can choose for his or herself which laws are wicked and worth breaking. That
would just be another version of the Everything is Permitted view. It is,
therefore, worth the while of the moral philosopher to establish correct
principles of right and wrong, principles which even the laws and social
conventions cannot violate. Here are a few comments in that direction:
Let’s resurrect
the 18th century concept of natural law. The value of the concept
of natural law today is its critical function. It is an important tool for
determining not what should be actually illegal in a real society, but what
should not be illegal in any society. In a word, natural law is the result
of rational and not emotional, cultural or otherwise arbitrary decisions
about what is right and wrong. Conclusions about natural law should hold for
all people and for all cultures. Importantly natural law provides a guide as
to what must not as well as to what must be illegal. In most Western systems
of jurisprudence (The United States is the unhappy exception) it has been
decided that criminalization of an action cannot be based on a religious or
otherwise arbitrary system of morality however universally accepted it may
be. Crime, rather, must be defined on the basis of a clear, explicit and
non-moral concept of harm to other people. Deriving that concept of harm,
however, is not easy since anything can be construed as harmful by someone.
Many people, myself included, feel some measure of harm whenever they see a
billboard by the highway. Liberal societies have come to agree that the
concept of harm should be minimalist, that is fewer rather than more things
should be ranged under the category of criminally culpable harm. For my
money only theft, and physical violence, including murder constitute a basis
for criminal harm to another person. There are only two crimes from the
perspective of natural law: physical harm and theft. Some actions (such as
jaywalking or violation of eminent domain) may be in particular limited
circumstances criminalized, but only on the understanding that their
criminalization is an artificial exception to natural law. These need to be
considered on a case by case basis with a bias toward not criminalizing them
whenever possible. Others, such as being an accessory to physical harm or
theft, must be considered with great care and not be admitted based on an
emotional reaction to the core crime.
Nearly all laws
prohibiting behavior that is not theft or physical violence are against
natural law. I am of the opinion that it is permissible and often morally
laudable to contravene such laws. It is, for example, moral to disobey the
child sex laws since they are in contravention to a basic civil right. Of
course, any civil disobedience in an oppressive situation is attended with
unpleasant consequences. My focus here, however, is on the morality of an
action not on its practical advisability.
A government
and its constitution are not an entity with a volition and judgment of its
own. A government and its constitution are simply a tool for the exercise of
the will of those who control the government. While the wording of a
constitution can exercise some influence over those who control the
government and interpret the constitution, it does not control their
actions. If the controlling faction, even if it is a minority, wishes to do
something, it will find a way, even within the prevailing constitutional
framework. This is true for all governments, democratic and non-democratic,
and it is true for all constitutions. So, assuming objective moral right and
wrong, there are two ways a government can contravene moral right and wrong.
The written or unwritten constitution of the nation can contravene moral
right and wrong, and the actions of those who control the government can,
independently of how the government was established, contravene moral right
and wrong.
How to react
when an entire nation and its government acts against what is right? In the
present context this is, as I said, a moral and not a strategic question. It
is a question of what is justified, not what is in the best interests of any
individual. First, there must be a clear and comprehensive statement of what
is morally right and wrong and an individual is justified in acting against
his nation only if it is in violation of that clear and comprehensive canon.
The consequence otherwise is that every individual can judge for himself
what is right and wrong. In that case there would be no point in any
criminal law at all. Secondly an individual who acts against a government
that is morally in the wrong is also morally justified in trying to avoid
the practical consequences of his actions.
These points
seem obvious when we think of nations we dislike, such as fascist nations.
But they are equally true of democratic and republican nations. The fact
that a nation is democratic does not mean that it cannot morally be in the
wrong. The correct conclusion is that the individual is morally justified in
defying that government where it is in the wrong. No social contract theory
or utilitarian ethics is sufficient to contest this principle.
By way of
peroration:
Children, have
sex with whomever you want whenever you want. It is particularly important
to have sex while you are young and your senses are still acute enough to
really enjoy it. Sex is enjoyable and there is no reason why it should be
avoided. Learn how to make sex enjoyable for yourselves. Learn correct
techniques for maximizing both safety and pleasure. Don’t let phony
psychological hang ups stand in the way of your pleasure. When it comes to
sex the question of whether it is right or wrong is never appropriate; the
correct question is whether it is fun and safe. Practice kindness and
benevolence. Most of the pain associated with sex and resulting hatred of
sex comes from rejection. You will often be solicited by a partner to whom
you are initially not attracted. Try as much as possible to accommodate
others. You may, like many a Victorian wife, even learn to find persons
sexually attractive only after intercourse with them. Avoid pregnancy.
Nothing will disrupt a young life more than some sort of sordid pregnancy
and an unwanted baby. Always use birth control, if you can. Condoms are good
for safety, but they do reduce pleasure. The pill is difficult to get at a
young age (and inadvisable below a certain age) but not impossible. Start
creating fake ID’s and locate sympathetic doctors (They do exist). Doctors
will be especially important in case you need an abortion. In areas where
abortions are illegal you may have to rely on unlicensed practitioners. But
this is dangerous and an absolutely last resort. Remember the moral fault
for the dangers of unsafe abortions lies with those who made abortion
illegal in the first place. Also, remember not all sex need be vaginal
intercourse. There are other equally pleasurable roads to orgasm. And a near
permanent state of sexual excitement without orgasm is a great good in
itself. Protect against STD’s. The pill will not help here; condoms are
best. Follow the example of porn stars and try to find some way to get
frequent blood tests. Sex is a moral good but in the current situation it
can have unwanted practical consequences. The current situation regarding
many forms of personal behavior is not unlike that faced by those who fought
a dictatorship, struggled against slavery or championed the emancipation of
women. Unless you want to be a martyr (a possible but very serious and
perhaps inadvisable moral decision and choice of action), prepare early to
avoid getting caught. Learn how to practice secrecy. Do not confide in
anyone except your sexual partners. Lying in general is immoral and
inadvisable; however, you may lie, and from a practical standpoint you must
lie, to protect your privacy. Establish a personal Underground Railroad to
moral freedom. Sometimes when we are in the throes of object infatuation we
want the world to know. It is best to resist such a natural impulse. Those
most in danger are older partners and males of any age, but young girls are
at risk also. If caught they will almost certainly suffer extreme
psychological abuse, a type of brainwashing where they will be forced to
assert that their actions were “wrong” and that they were unwilling victims.
There may be no greater moral wrong in a situation like this than betraying
your partner. Above all remember two things. First disobedience of an
immoral law is a good thing. Secondly it is not your choice alone as to what
constitutes a good or a bad law. However, nearly any law that prohibits or
sanctions any behavior that is not physical harm to another person or theft
is most likely a bad law. You may not do just anything; not everything is
permitted. You must act according to sound principles rationally derived.
But much of what constitutes the current moral canon merits disobedience,
and the only caveats in the active and joyful pursuit of that disobedience
are practical ones. In a word, Not Love Thy Neighbor. Fuck Thy Neighbor.
Adults, feel no
guilt over child sex, since you are introducing the child to a great
pleasure. It is those who make them feel miserable afterwards who are truly
guilty of abuse.
The chances of
a quick repeal of sexual blue laws as of this writing are low. We are in the
darkest hour of mass hysteria not unlike when Calas’ widow was impoverished
and his son forced to flee his homeland. We see nearly no one working to
decriminalize child sex. The best we have is a few
journalists and
social scientists
showing up the fallacies behind claims of the harm
of childhood sex and the occasional bit of entertainment news placing
childhood sex in its proper harmless context.
I rather think
that, as in the case of the decriminalization of adult sex and
homosexuality, the first rumblings of change will come from the arts. It is
thus that some small sense might be given to the argument that an exception
should be made for Polanski because he is a great artist (just as an
exception was made in the public mind for poor Michael Jackson). Indeed such
exceptions have already been made in the cases of works of art and artists
who were originally persecuted and who are now allowed to exhibit, if not
exactly operate despite the fact that their existing corpus violates child
sex laws. We are familiar with the triumphant re-emergence of the
photographers
Sally Mann, Jock Sturges, David Hamilton
and the inimitable Robert Mapplethorpe. In this drama the humanist
scholar has a role, just as it was brave critics and publishers who abetted
the acceptance of
Baudelaire,
Joyce, Henry Miller and numerous others now in our canon of classics. The
humanist has, dare we say, a noble task to present, analyze and interpret
works of art and literature that deal with child sex. There is abundant
material. Classical literature runs riot with examples from Romeo and Juliet
through Don Juan and Haidée to the high school buddies of Chbosky’s
Wallflower whose sexual behavior is in flat contravention of current child
sex laws. Beyond that the prose work of Apollinaire and the astounding
pornographic output of
Pierre
Louÿs deserve serious critical consideration particularly
in the English speaking world.
The cinema
abounds in material that merits serious criticism. Catherine Breillat, David
Hamilton’s one time collaborator, has created a substantial oeuvre of
work dealing with childhood sex including Une vraie jeune fille,
36 Fillette, and (ambiguously) Brève traversée. Other films worth
mentioning are L’Amant, Un Souffle au coeur, A ma soeur, Violette, Beau père
(also a novel),
L’Enfant démesuré, that peculiar hymn to Cartesianism gone wild
L’Ennui, Little Lips, and Pretty Baby. I once saw a
picture (on Showtime?) that I can’t relocate about a pathos filled
love affair between an upper middle class French adolescent and a
middle-aged garage mechanic she seduces. What is interesting about that film
was that it involved sex and focused on the emotional relations between the
two principal characters. Another interesting picture is Voyous voyelles,
that appears to subscribe to the myth of child abuse and yet shows how the
child abuse laws can be misused to entrap the innocent and abused in the
pursuit of true crime, in this case theft and blackmail.
I suspect the
mere consciousness and understanding of works of art and literature that
deal with childhood sex will help to transform its perception to something
innocent and beneficial.
Whatever the
current problems they do represent something of an advance. It was not so
long ago that all pornography and anything except legally sanctioned
breeding was illegal for adults as well. Ironically at the same time minimum
marriage ages were reasonably low and childhood sex was not considered
particularly upsetting. Faced with the inevitability of the legalization of
pleasurable sex and most types of pornography, the Xtians and their allies
on the lesbo left found an opening in the supposed harmfulness of childhood
sex. At the very least they could prohibit that. The irony was that activity
that had never been particularly illegal was suddenly transformed into the
violently offensive, as if the energy that could no longer be employed to
punish adult sex could be funneled into “protecting” the newly created
innocents.
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