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Friday, June 7, 2024

Germany votes to lower criminal penalties for possession of child pornography

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Germany votes to lower criminal penalties for possession of child pornography

In a nod towards “pedosexual” activists, the leftist German parliament in May 2024 officially authorized a bill to lower criminal penalties for the dissemination and possession of child sexual abuse material (CSAM) by decreasing the minimum sentence and rebranding the offense as a misdemeanour, according to a report by Reduxx.

As per the Bundestag, or the German federal parliament, the bill indicates that “possession and acquisition should be punishable with a minimum penalty of three months’ imprisonment, and distribution with a minimum penalty of six months’ imprisonment. The offenses regulated in Section 184b of the Criminal Code are therefore classified as misdemeanors and not as crimes,” Reduxx reports.

In 2021, posessing child sexual abuse materials was first regarded as a crime after Federal Justice Minister Christine Lambrecht of the Social Democratic Party (SPD) introduced a minimum sentence of one year for the act. The 2021 decision categorized the offense as a serious crime, which it remained until the most recent decriminalization to a “misdemeanor” this year. This downgrade contradicts a European Union (EU) directive categorizing any material of child sexual abuse as a serious offense under criminal law.

The German government’s impetus for downgrading crimes associated with CSAM to misdemeanors was arguably for practical reasons.

Arguably, the global rise of  LGBTQ+ ideology as well as other anti-life practices like abortion and euthanasia based on “individual feelings” and “rights” is arguably greasing the slippery slope and descent for many countries into other loathsome practices like pedophilia.

After all, suspects possessing or distributing CSAM could be minors themselves who may land their unsuspecting parents who share CSAM with other parents to inform them about the problem.

“Such cases have occurred particularly frequently among parents and teachers of older children or young people who found child pornography on them and passed it on to other parents, teachers or the school management to inform them of the problem,” reads Article 1 of the bill, as cited by Reduxx.

The legislation elaborates:

“A downgrade to a misdemeanor is also urgently required in order to be able to respond appropriately and with the necessary flexibility to the large proportion of juvenile offenders. Here, too, the perpetrators generally do not act in order to be sexually aroused by the child pornography content, but rather out of a drive typical of the adolescent stage of development, such as naivety, curiosity, thirst for adventure or the desire to impress.”

Nonetheless, instead of amending the criminal code to better address the aforementioned specific concerns regarding parents or minors, lawmakers decided to downgrade the offense relating to the possession and distribution of child pornography altogether.

Predictably, the bill’s implications have garnered the attention of pro-pedophile advocates.

For instance, the Krumme-13 (or K13), a group which calls itself a “self-help” organization for “pedosexuals” and lobbies for lowering the age of consent and legalizing child pornography, embraced the latest development.

More alarmingly, K13 founder Dietrich Gieseking—who has been time and again charged both with possessing and distributing child pornography—decried the government for not apologizing “to the thousands upon thousands of those affected who fell victim” to the 2021 law criminalizing child porn possession.

During a 2014 interview with Taz Online, Gieseking called for lowering the age of consent to 12 because allowing kids to have a “friendly and sexual relationship with a pedosexual … is long overdue in today’s enlightened society.”

“The taboo of pedophilia must finally be broken at all levels of society. If a pedophile can come out without fear of exclusion or even demonization, then this is the best prevention against child abuse,” Gieseking said in the interview.

Through K13, Gieseking has been advocating for the decriminalization of sexual relations between adults and children.

“Legalizing clearly self-determined sexuality between older people and those under 14 is the best protection against actual sexual violence against children,” Gieseking wrote in another petition to the German government, while urging for the abolition of Sections 176 [Sexual Abuse of Children] and 188 [Dissemination, Acquisition and Possession of Child Pornographic Content] of the legal code.

The distribution, possession and acquisition of child pornography must in principle remain classified as crimes. Even if the increase in the penalty range under Section 184b of the Criminal Code in 2020 has led to practical problems in certain cases, a blanket reduction in the penalty range is the wrong solution.

Last year, the Bundestag accepted a petition on children’s rights that Gieseking wrote that amended Article 6 of the Basic Law to include statements about children’s rights, declaring that “children should be viewed as legal subjects with their own rights.”

Gieseking’s petition alleged that children have “the right to have a say in all matters that affect their emotional, mental and physical well-being,” and “the right to the free development of their personality.”

In wake of the Bundestag accepting Gieseking’s petition last year, it can be said that this year’s vote to downgrade CSAM possession or distribution was not entirely surprising.

In 1996, Gieseking was first charged with a CSAM-related crime for running  a mail-order child porn service from his van. In 2003, he was charged once more for possessing hundreds of child porn files on his computer and for linking to a CSAM distribution website from his personal blog. Consequently, he had to serve eight months in prison.

In response to the latest Bundestag move, Germany’s Christian Democratic Union (CDU) and Christian Social Union of Bavaria (CSU) published a statement lambasting the bill.

“Combating child sexual abuse is one of the most important socio-political challenges of our time and a central task of the state. Unfortunately, the current federal government is not fulfilling this task sufficiently,” Günter Krings, the legal policy spokesman for the CDU/CSU parliamentary group, declared, as quoted by Live Action.

“The distribution, possession and acquisition of child pornography must in principle remain classified as crimes. Even if the increase in the penalty range under Section 184b of the Criminal Code in 2020 has led to practical problems in certain cases, a blanket reduction in the penalty range is the wrong solution. A change should be limited to the problem cases and solve them effectively. Scientific findings show that when the penalty range shifts downwards, the penalties imposed in practice also tend to be lower.”

Evidently, the leftist German government has once again exposed its vulnerability to pedophile groups like K-13 and the like. God forbid, the German government (or other woke governments) may one day normalize pedophilia.

In nearby Spain, the Provincial Court of Ciudad Real recently acquitted a gypsy man accused of continuously sexually abusing a 12-year-old girl, quoting the peculiarities of gypsy culture among the rationale for its decree, based on an article by Russia Today (RT).

In this case, the Spanish court argued that the relationship between an adult and a minor was “part of the cultural and social sphere of the gypsy community.”

Furthermore, the defendant alleged that he was unaware of the true age of the girl, maintaining he had thought she was around 15 years old when their relationship began, with the court regarding the defendant’s claim to be adequately “credible”, RT added.

The Telegraph reported in August last year that Dominic Carter, a biologically male British pedophile who was earlier sentenced for possession of child pornography, “identified as trans” and did not need to face prison time.

The same RT report cited Beatriz Carrillo, the head of the Department of Equal Treatment, Non-Discrimination and Against Racism within Spain’s Equality Ministry and an ethnic gypsy herself,as decrying he ruling an “absolute disgrace” while insisting that the country’s “Penal Code does not exclude the protection of gypsy minors.”

To make matters even more complicated in this era of wokeism, The Telegraph reported in August last year that Dominic Carter, a biologically male British pedophile who was earlier sentenced for possession of child pornography, “identified as trans” and did not need to face prison time, instead facing only a suspended sentence. Carter supposedly only discovered his “transgender” identity after committing the crime and facing justice, leading to speculation about his “ulterior motives”.

Similarly, in July 2023, a biological man who was self-described as “transgender”, Tanya Howes, also did not have to go to prison but received a 12-month suspended sentence instead. This outcome was notwithstanding Howes’ admission of guilt for possessing 39 Category A child pornographic images.

Authorities in Howes’ case could not determine if Howes should be sent to a male or female prison, as the UK passed a ban on incarcerating sexual offenders with male genitalia together with female inmates earlier in 2023, save for the “most exceptional” cases that necessitate ministerial authorization.

Across the Atlantic, state Rep. Leigh Finke, a member of the Democratic–Farmer–Labor Party and transgender state lawmaker in Minnesota hitherto unveiled a bill known as the “Take Pride Act”, that would eradicate language from the state's Human Rights Act that declares pedophiles are not included in protections based on "sexual orientation."

Finke’s bill would amend Minnesota's Human Rights Act, which is described by the state as "one of the strongest civil rights laws in the country." The current Human Rights Act protects against discrimination based on sexual orientation, defined as "having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness.”

Notably, the law entails this statement that Finke’s proposal hopes to remove:

“‘Sexual orientation' does not include a physical or sexual attachment to children by an adult.”

Arguably, the global rise of  LGBTQ+ ideology as well as other anti-life practices like abortion and euthanasia based on “individual feelings” and “rights” is arguably greasing the slippery slope and descent for many countries into other loathsome practices like pedophilia. Just as adults’ “rights” are usually championed in this day and age, children’s well-being, safety and “rights” ought to be protected as well.

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Last modified on Friday, June 7, 2024
Angeline Tan | Remnant Columnist, Singapore

Angeline is a Catholic writer who enjoys Catholic history and architecture. Her favorite saints include Saint Joseph, Saint Therese of the Child Jesus, Saint Philomena and the Blessed Virgin Mary, Queen of all Saints.