The Legal Split in Child Protection

The Legal Split in Child Protection: Overcoming the Double Standard (Essays on Law, Policy and Psychiatry, Vol. 9)—2019 Apple Books Edition—is a study that attempts to redefine child protection, and goes as far as formulating a new paradigm of child protection that is healed of the legal split that pervades it until now. The study explains that the laws for protecting the child against abuse are following a fundamental split in social mores and statutory regulation of physical violence against children, on one hand, and sexual relationships with children, on the other.

The perversity of this situation becomes evident when one realizes that the present sex laws in the United States punish non-violent, non-penetratory and non-harmful sexual conduct with children with roughly twenty years of prison, while a violent sexual assault on a child that may be followed by the mutilation of the child or even their death, receives more or less the same criminal fine. This legal situation is to be explained first of all with the fact that sex laws are basically irrational codifications that are the successors of Canon law, and second with a basic double standard that reigns in social morality in most Anglo-Saxon countries regarding physical violence against children in the form of corporal punishment, on one hand, and sexual activities with children, be they non-violent and consenting, or violent and assaulting, on the other.

While educational violence is largely socially accepted and justified with pseudo-rational arguments, even slight forms of sexual conduct with children, as for example having a child caress one’s genital while being fully dressed, are met with Draconian punishments that miss any rational basis, and that are legally unproportional. For this and other reasons, most of these sex laws are unconstitutional.

The study consists of two parts, an analytic part, which is an overview over existing case law, and a draft bill. In the first part, precedents and statutes are discussed that rule on the borderline between lawful corporal punishment of children and unlawful child battery. Details of those precedents are then compared with sex laws or age of consent laws in order to show the often unbelievable irrationality of those judgments.

The study demonstrates that, under present law, the dividing line between corporal punishment and child battery boils down to legally licensing rampant violence acted out on children by tutelary adults ‘in the name of the child’s best.’ On the other hand, even a care-giving caress of a child’s genitals would be considered in most states as statutory child rape.

The study reveals that the rationale behind such laws is not the ever again pretended best of the child but the present socio-economic value system and its moralistic roof structure.

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Pedophilia Revisited

Pedophilia Revisited: The Making of a Crime for Justifying Lacking Social Policy (Essays on Law, Policy and Psychiatry, Vol. 7)—2019 Apple Books Edition—is an extended study on the controversial subject of pedophilia, the sexual love of adults for children—humans who by legal definition are to be considered a ‘child’ for the purposes of criminal law.

This form of love, also called ‘childlove’ by those who feel sexually attracted to children, can be exclusive or non-exclusive, but the author’s research clearly points to the fact that pedophile attraction is not inborn, just as homosexual attraction is not inborn, but a conditioned response.

The study is multi-disciplinary in nature, highlighting the social, sexual, psychological and legal dimension of the problem complex, for arriving at a sound and tenable social policy proposition. The book also reveals a number of the myths that pervade the present public discussion, if there is any at all, with the sobering insight that the response of the public to pedophilia is by no means uniform and monolithic, but can be seen as a matter of various levels of tolerance, based inter alia on various levels of factual information.

The author sees the problem of sexual violence against children mainly as a lack of social policy making in matters of adult-child sexual attraction, as a direct consequence of the lacking political will to socially code these relationships. It is because they are not embraced by a social code that they operate in a kind of ‘free flow’ situation, which always provokes violent, unpredictable and chaotic responses. Hence, the need for arriving eventually at a review of pedophile relations with the lawmaker intending to socially code them and thereby regulate them responsibly.

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Natural Order

Natural Order: Thesis, Antithesis and Synthesis in Human Evolution (Essays on Law, Policy and Psychiatry, Vol. 6)—2019 Apple Books Edition—is a rather broad philosophical essay explaining on the basis of the author’s more than thirty years of research on human emotions and sexuality how, in accordance with the philosophical framework of Georg Wilhelm Friedrich Hegel (1770-1831), three distinct phases can be made out in human evolution that Hegel called thesis, antithesis, and synthesis.

The thesis was the ancient natural order as carried forward from matriarchal cultures from the Paleolithic up until early patriarchy, about 5000 years ago, when native cultures lived their lives in an integral and sane manner, peacefully and in alignment with nature’s wisdom. 

The antithesis, then, was basically the last five thousand years of patriarchy. The essay shows that phenomena like pathological codependence between parents and children, emotional abuse, repression and perversion, the disintegration of sexual paraphilias through moralism, together with the rise of rampant violence and sadism, mysticism and narcissism were the result of straying from nature’s wisdom in the hubristic attempt to better the ‘impossible’ human. 

More specifically, the book shows that we are right now living in the ending phase of antithesis, indicated by rising youth fascism and an outright denial of complexity at the highest level of our governments.

In the last and perhaps most important chapter, the author shows the baseline of the synthesis that he projects to come about during the Aquarius Age, with a reintegration of the wisdom of native peoples and the recognition of what he calls ‘The Twelve Branches of the Tree of Knowledge,’ true Religio, permissive education and integrative, sustainable and humane social policies that are based on a new intelligent understanding of the ‘possible’ human.

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Minotaur Unveiled

Minotaur Unveiled: The Truncated Account of Adult-Child Erotic Attraction (Essays on Law, Policy and Psychiatry, Vol. 5)—2019 Apple Books Edition—is a historical assessment of adult-child sexual relations as they are to be found not only in historical and forensic literature, but also in the poetic writings of many famous authors around the world.

The study produces a quite stable basis of cross-cultural evidence for the fact that pedophile attraction by adults toward children, and perhaps as a correlate, gerontophilic attraction by children toward adults, is a software that was installed early in the human computer, so to speak in the cradle of patriarchy, if not much earlier in the cradle of matriarchy.

Without being able to say precisely when, and avoiding the daring speculation that some scientists come up with, which says that pedophilia was a product of sexual repression and that it never existed in sexually liberal matriarchal cultures, the study establishes rather a basis for the view that adult-child sexual interaction is a universal phenomenon that passes over cultural and epochal borders. 

What also strikes the observer is that sadly, many of those adult-child sexual relations were and are the result of social and moral corruption and have to be called abusive and exploitative. This is especially true for ancient patriarchy and particularly, the Roman Games. But it is also true for the times to come that are further examined in the study: Christianity, Victorian Era and Modern Times. Also during these epochs, the abundant majority of the accounts of adult-child sexual relations have to be qualified as child abuse by any sensitive and unprejudiced observer.

The study does not attempt to qualify adult-child sexual relations as ‘pedophilia’ as this term is part of a modern attempt to cognize these relationships and the term as the whole public discussion about it is not without bias, not to say that it is overshadowed by the diabolization of a group of people called ‘pedophiles’ who cannot be made out as the sole perpetrators of historic child abuse for the regular client in child prostitution old and new is the ordinary heterosexual, as all qualified academic studies show with abundant evidence.

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The Commercial Exploitation of Abuse

The Commercial Exploitation of Abuse

‘The Commercial Exploitation of Abuse: A Study on Policy (Essays on Law, Policy and Psychiatry, Vol. 8),’ by Peter Fritz Walter.

Description

‘The Commercial Exploitation of Abuse: A Study on Policy (Essays on Law, Policy and Psychiatry, Vol. 8)’ is an essay about what the author calls the ‘abuse-centered culture,’ which is obviously a culture that puts people behind bars for love, when only focusing on certain ways how bodies are touched, fondled or otherwise erotically stimulated, when those bodies belong to a group of people legally defined as ‘children.’

It borders mental derangement to build a whole society around the paranoid focus on abuse instead of defining what love is in the first place. By the same token, it is irrational to uphold sex laws, which were set in place, hundreds of years ago, by highly abusive worldly and religious authorities, and religious perversion. To sell this soup of moralistic trash and persecutions as lawful and democratic is about the greatest scandal of societal betrayal to be found in human history.

When the Church burnt people, it did it by justifying their power abuse with religion, the modern state does the same, only that it justifies its power abuses with so-called child protection. Both paradigms are similarly vague and subject to arbitrary judgment; that is why they cannot, from a perspective of responsible law making, be used for drafting rational and equitable laws.

Despite its critical tone regarding the status quo, the production may serve progressive legal, forensic and psychiatric researchers, social workers, doctors, psychologists, psychoanalysts, nurses, educators, law enforcement executives, or political policy makers who are open enough to search for viable alternative solutions to the present witch hunts.

The current situation in law enforcement becoming more and more complex, with drug and sex crimes on the rise, and a substantial part of the population behind bars for crimes that virtually decades ago were allowed and tolerated behavior, there must be a change, and this change will hardly ever be initiated from inside the box. With the United States having the highest incarceration rate in the world, what democratic example could American police force possibly give to the rest of the world?

The USA alone with only 5% of the world’s population presently houses behind endless prison miles 25% of the world’s eight million prisoners. As more and more countries adopt Draconian laws and law enforcement policies, following the USA example, it is important to offer solutions alternative to jailing people for years if not decades, thus depriving them of freedom, substantial opportunities for personal evolution, sensual pleasures and intelligent social life.

This situation is so much the more hopeless as mainstream forensic psychiatry, following age-old prejudice and approximate assumptions insists on abuse being non-curable, a fatalistic paradigm often put in the dictum that the abused from yesterday will be the abusers of today.

One of the reasons I wrote this guide was to prove that there are many different solutions present today that have been developed inside and outside of Western culture, that could help the concerned to change their destructive behavior patterns with relative ease, if only those solutions would be provided in the law enforcement setting.

The present production contains many different suggestions and ideas for providing help, or self-help, and support to those who, for rather complex reasons, reasons that in part are not in their responsibility, have failed to handle their vital energies, thus infringing the tightly restricted emotional and sexual behavior code in Western society.

Besides the intention to providing support directly to the concerned group of people, the present book also is destined to offering viable solutions, or at least starting points for solutions that could be integrated both in personal lives and in the law enforcement setting, when such behavior has been set in place by habit and conditioning.

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Emotional Flow

Emotional Flow

Emotional Flow: A Holistic Approach to Healing Sadism (Essays on Law, Policy and Psychiatry, Vol. 3, 2018) by Peter Fritz Walter.

Description

Emotional Flow: A Holistic Approach to Healing Sadism (Essays on Law, Policy and Psychiatry, Vol. 3, 2018) is both a science and a self-help essay that presents a non-moralistic, functional and bioenergetic regard on emotions, sexuality, sexual paraphilias and sexual crime that asserts the importance of the flowing, ethereal and self-regulatory nature of our emotions.

This regard, and the healing solutions the author is offering as a result, are the outcome of a long-term study of human emotions that started back in 1985 as a forensic analysis of sexual crime against children. It was later enriched and expanded through the larger context of his studies of alternative medicine, the I Ching, flow principles in nature, vibrational medicine, sound healing, and perennial science traditions from both the East and the West.

The essay is not only informatory for a large array of possible readers that includes forensic psychiatry, law enforcement officials, educators, nurses and law policy makers; it is also destined, as a self-help guide, to assist the individual reader in assessing their own emotional and sexual distortions, and profit from some of the techniques offered for healing them.

The main concern of the guide is to show new holistic ways of coping with sadism, and particularly sexual sadism, acted out either toward adults or toward children. The approach taken is non-judgmental and functional, not moralistic, and it emphasizes a bioenergetic point of departure.

The book informs about the true reasons for violent emotional and sexual afflictions and resulting misconduct, and offers viable alternatives to chaotic sexual behavior in the form of empathic advice, and suggestions for behavior adjustment, not through putting up self-punishment and guilt, but in the contrary through understanding the energy-nature and inherent intelligence in our emotions.

From a policy perspective, the way to go, as the book shows, is quite exactly the contrary of what is practiced now by our law makers and social policy makers; it’s the way toward solving the blockage by dissolving the energy obstruction that led to the blockage. This energy obstruction, as the book shows with many examples, is related to distortions of perception, and a lack of emotional awareness.

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Eight Dynamic Patterns of Living

Eight Dynamic Patterns of Living: Base Elements of True Civilization (Essays on Law, Policy and Psychiatry, Vol. 2, 2018), by Peter Fritz Walter.

Description

Eight Dynamic Patterns of Living: Base Elements of True Civilization (Essays on Law, Policy and Psychiatry, Vol. 2, 2018) is a study on native cultures with a specific focus on their lifestyle patterns.

The study required several years of research on shamanism and aboriginal cultures for providing the evidence that there are eight dynamic patterns of living that are universally respected and applied by major tribal cultures all over the world. The essay concludes that it is these dynamic patterns of living that are the secret why tribal cultures that apply them in their life paradigm live peacefully, respectfully and integrally, and why they are in harmony with nature and live basically without crime and major lifestyle diseases such as cancer, heart disease or immune deficiency syndrome.

The evaluation of multi-disciplinary scientific research clearly shows that postmodern international consumer culture triggers worldwide destruction economically, socially, health-wise, military-wise, ecologically, and in other ways. The reason is that our culture, as all patriarchal dominator civilizations, without exception, have lost the continuum balance that the eight patterns provide; it is lacking in modern culture’s philosophy, science, military policy, diplomacy and foreign policy.

From this insight it becomes evident that the eight patterns are ideally suited to be taken as a guide concept to be implemented in a more wistful international culture of the future, perhaps within a greater paradigm of deep ecology and sustainable growth as Fritjof Capra and others have outlined it in their research publications.

This would then have to be worked out on a joint-governmental and supranational level and as part of our presently evolving post-industrial global culture. The present study makes a substantial contribution to this noble goal.

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Love or Laws?

Love or Laws: When Law Punishes Life (Essays on Law, Policy and Psychiatry, Vol. 4, 2018), by Peter Fritz Walter.

Description

Love or Laws: When Law Punishes Life (Essays on Law, Policy and Psychiatry, Vol. 4, 2018) is a study on so-called ‘sex laws’ or age-of-consent laws. The study takes a critical point of departure and attempts to demonstrate that ages of consent are rather arbitrary legal instruments for so-called child protection. In fact, they are ineffective and do not protect children effectively against sexual abuse.

The study gives practical examples about the ways they are applied in various state jurisdictions of the United States of America, such as Arkansas, Arizona or Georgia, and to which results their application leads in real life.

After an extensive review of attempts to reform age of consent laws in the Netherlands, Denmark, France, Switzerland and other countries, the essays sets out to propose an altogether different solution: a love reform instead of a law reform, which means a different way of looking at the problem.

Albert Einstein said that a problem can never be solved on the same level it was created, and so it is with sex laws. They were created during times of irrational law making, by our Church fathers, as a result of religious and legislative perversion, and have been taken over from Canon Law by the modern law maker without having reflected upon their law policy or rationale.

The study concludes that age-of-consent laws are outdated, irrational, anti-life, unconstitutional and violate basic human rights. With one word, they are illegal as they by and large violate the constitutional principle of nulla poena sine lege (due process).

The study is dedicated to late Dr. Edward Brongersma, Lawyer and Senator of the Dutch Senate (1911-1998), who contributed to the essay with invaluable material from the practice of the Dutch government in matters of child protection, and with comments and suggestions.

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The Roots of Violence

The Roots of Violence

‘The Roots of Violence: Why Humans Are Not By Nature Violent’ (Essays on Law, Policy and Psychiatry, Vol. 10, 2018), by Peter Fritz Walter.

Description

‘The Roots of Violence: Why Humans Are Not By Nature Violent’ (Essays on Law, Policy and Psychiatry, Vol. 10, 2018) is an analytical and policy study that presents abundant evidence that human beings are not by nature violent and that violence therefore is a conditioned response. The scientific disciplines examined are anthropology, biology, neurology, pedagogy, psychoanalysis, and sociology. 

The book shows the historical development of the roots of violence as they sprang forth from the patriarchal murder cultures that were putting an end to the peaceful matriarchal empires such as the Minoan Civilization in Crete.

To begin with, anthropological research by Bronislaw Malinowski and Margaret Mead in Polynesia shows who a truly peaceful matriarchal cultures is permissive in their child-rearing paradigm, giving children ample space for exploring their bodies and their sexual attractions to peers, while adults stay out of that space entirely.

Biological research conducted by Ashley Montagu with rhesus how important tactile stimulation is for the young and how early tactile deprivations leaves scares in the psyche in the form of a messed-up relational code. Furthermore, the research by neurologist Herbert James Campbell delivered evidence for the fact that all human endeavor is based upon pleasure, while later on neuropsychologist James W. Prescott showed how pleasure and violence are mutually exclusive, which means that when pleasure, sexual, tactile or other, is repressed, violence comes up in the brain as an ‘alternative conditioned response.’ 

Based on the research being on the table, the author draws policy conclusions for the prevention of violence both in the social and the educational domain.

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Codependence

Codependence: Coping With Addiction, Sadism and Abuse (Essays on Law, Policy and Psychiatry, Vol. 1, 2018), by Peter Fritz Walter.

Description

Codependence: Coping with Addiction, Sadism and Abuse (Essays on Law, Policy and Psychiatry, Vol. 1, 2018) is based on a white paper the author drafted for a drug rehabilitation center in the United States.

The study is basically divided in three parts, dealing with different manifestations of parent-child codependence and the resulting lacking autonomy and self-reliance of the later adolescent and young adult, who, as a result of his early entanglement with a parent gets into a negative growth spiral by a rather queer sexual development (sadism), and dependency patterns in all spheres of life.

Addiction, sadism and abuse are all power traps, and inhibit the young adult from developing his full soul power and charisma. They have all one etiology: the fact of a prolonged codependent relationship with one parent, while the other parents was either absent, irresponsible or unacceptable.

For reasons of the different psychosexual setup of the two sexes, the problem occurs more regularly with boys who are codependent with their mothers and who at the onset of adulthood or even during adolescence are suffering from more or less violent sexual urges, and substance abuse and dependency, as well as the scars of emotional abuse, often committed by mothers who ask their male offspring to cling to them as long as possible, and avoid getting into sexual relations with girls of their age, for dating, or more mature women for serious relations and marriage. It is then regularly the mother who is in the way for the boy to develop a life of his own while when that boy was an infant, the mother had all possible pretexts to not live the primary fusional relation with the newborn, thereby causing the psychic and emotional scars that later lead to the codependent relationship.

The essay is understood as a self-help guide for those who wish to get ready to face their dependency pattern as a preparation for qualified psychiatric and psychosocial assistance as a second step.

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