Paraphilia : a typical or atypical sexual offence?

Abstract

Paraphilia, previously known as sexual deviance, is defined by the American Psychiatric Association in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V), as “… any intense and persistent sexual interest other than sexual interest in genital stimulation or preparatory fondling with phenotypically normal, physiologically mature, consenting human partners.” Understanding of paraphilia is still lacking, the reason for which is often contributed to the lack of consensus with regard to its definition, use and even pejorative use. The research question for this study is: "Does non-paraphilia-specific legislation have an impact on sentencing trends and case selection for paraphilia-related offences?" The research design will be a mixed-methods study, combining qualitative case studies with quantitative analysis of court sentence data. The study will include five case studies of offenders convicted of paraphilia-related crimes in Malta. The case studies will be selected using purposive sampling to ensure a diverse and representative sample of offenders. The research described in the previous chapters was carried out by assessing the data from 2017 to 2021. The types of sexual crimes found within court records were predominantly sexual assault against minors, sexual assault, prostitution and revenge porn, in that order of occurrence. It was noted that sexual assault against minors was the most prevalent crime to appear during the analysis, followed by the findings above that outlined the presence of an inverse relationship between the number of legal articles used to convict a defendant and the prevalence of that crime being sentenced. In other words, if a particular crime is more commonly prosecuted and sentenced, it may be necessary to use fewer legal articles in order to secure a conviction. On the other hand, if a particular crime is less commonly prosecuted and sentenced, it may be necessary to use a larger number of legal articles in order to secure a conviction, as indicated by the trend of the articles under which the defendant was being charged, increasing drastically inversely with the lowering of instances with which that crime was being encountered.. An instance was also highlighted where legalisation was considered insufficient enough to have to resort to referring to laws from other countries to bridge the gap in the legislation in Malta. The issue of sexual crimes in Malta is a serious concern that requires a comprehensive and multifaceted approach to address. One important aspect to consider in this approach is the potential role of paraphilias, which are abnormal or atypical sexual interests or behaviours. While not all paraphilias are illegal, some, such as paedophilia, can be associated with criminal behaviour. In this context, it is important to consider the potential impact of paraphilias when developing policy recommendations on sexual crimes. This includes addressing the definition and treatment of paraphilias, as well as the use of paraphilias as a defence in criminal cases. By considering these and other relevant factors, it is possible to create an effective and comprehensive approach to addressing sexual crimes in Malta.