Pedophilia

According to Merriam Webster Dictionary:

sexual perversion( bikriti) in which children are the
preferred sexual object.
specifically : a psychiatric disorder in which an adult has
sexual fantasies about or engages in sexual acts with
a child.
pedophilia, also spelled paedophilia, also
called pedophilic disorder or pedophilia disorder, a
psychosexual disorder, generally affecting adults,
characterized by sexual interest in prepubescent children or
attempts to engage in sexual acts with prepubescent
(immature)children.
• In the case of pedophilia, although the interest itself is no
longer considered symptomatic of mental illness—unless it
causes distress in the affected individual—any behavioral
expression of the interest (e.g., any attempt at sexual contact
with children) is sufficient to warrant a diagnosisof pedophilic
disorder.
• Some pedophiles are sexually attracted only to children,
whereas others are attracted to both children and adults.
• An individual with pedophilic disorder who acts on his or her
urges generally commits a serious sexual offense. Patients who
are diagnosed with the disorder are expected to participate in
treatment programs.
• Differences between pedophilia and child sexual abuse
• Pedophilia is part of the International Classification of
Diseases (ICD) with health-related problems and concerns
personality disorders caused by sexual preference for children
and adolescents.
• Pedophiles are usually people who are highly available,
sympathetic, always willing to satisfy the desire or the need of
the little victim and always act according to their final
intention which is to have total domination over the child with
whom they intend to obtain sexual satisfaction.
• Sexual abuse of children
• Sexual abuse is unwanted sexual activity where the perpetrator
makes use of force, threat that renders the victim incapable of
denying consent.
• A child molester is a person who has committed the act of
molesting minors. Pedophiles are people who feel attraction
towards prepubescent children
• pedophilia is the primary sexual attraction to prepubescent
children. you are a pedophile even if you don’t harm anybody.
you will be one even if nobody ever finds it. a child molester
is somebody that sexually abuses a child. this person doesn’t
need to be a pedophile.
 • In Our Legal System( Sexual abuse of the Children)
• Section 225 of Muluki Penal Code, 2017 provides as’ Prohibition
of child sexual abuse:
• (1) No person shall commit, or cause to be committed, child sexual
abuse.
• (2) A person shall be considered to commit child sexual abuse if
the person takes to any lonely place in an unusual manner, or holds
or touches any sexual organ of, gets his or her sexual organ to be
touched or held by, or makes any form of unusual sexual behavior
with, a child, with the motive of having sexual intercourse with the
child
• 3) shall be liable to a sentence of imprisonment for a term not
exceeding three years and a fine not exceeding thirty thousand
rupees
• Section 28 provides for the reasonable compensation to the
victim of such offense of sexual abuse of children.
• 229(2) Limitation: One year
 • The Act relating to Children 2075
• Chapter 8,
• Sub section 3 of section 66, Offences against the Child:
• If any person does any of the following acts against a child, he
or she shall be deemed to have committed child sexual abuse:
• (a) To show, or cause to show, him or her an obscene(ashlila)
picture, audiovisual recording or other material of similar kind
or display, or cause to display, such expression or gesture that
reflects obscene or sexual conduct or behaviour to child or
display, or cause to display, child pornography,
• (b) To distribute, store or use any actual or fictitious obscene
picture or audio-visual material of children,
• (c) To propose, lure, coerce or threaten him or her for sexual
activity,
• (d) To use him or her in the production of an obscene act and
material,
• (e) To touch, kiss, hold sensitive parts of body of him or her,
embrace him or her with sexual intent or cause him or her to
touch or hold sensitive parts of own body or body of another
person or render him or her unconscious with sexual intent or
display, or cause him or her to display sexual organs,
• (f) To use, or cause to use, him or her for stimulating sexual
lust or sexual excitement,
• (g) To use, or cause to use, him or her for the purpose of
sexual satisfaction
• (h) To engage, or cause to engage, in child sexual
exploitation(youn soshana)
• (i) To use, or cause to use, him or her with the intent of
providing sexual services( younjanya sewa upalabdha
garaune)
• (j) To use, or cause to use, him or her with the intent of
engaging in sexual abuse,
• (k) To use him or her in prostitution or other sexual work.
• anything that is expressed by means of writing, speaking,
gesturing or displaying any word, picture, audio, visual means
and object or material on a sex related matter
• clause (a), (b), (c), (e), (f) or, (J) of sub-section (3) of, Section
66, a fine of up to seventy-five thousand rupees and
imprisonment for up to three years
• clause (d) of sub-section (3) of Section 66, a fine of up to
eighty thousand rupees and imprisonment for up to four years,
• In case of an act as per clause (g) or (h) of Sub-section (3) of
Section 66, the punishment that is imposable on the offender
of rape under the prevailing law
• clause (i) or (k) of sub-section (3) of Section 66, a fine of up
to one hundred fifty thousand rupees and imprisonment for up
to fifteen years
 • Triratna Chitrakar vs. Government of Nepal, NKP 2066
• Decision No.8148
• Facts of the case:
• 11 years old Kamaya(name changed)was found crying while
walking, and when asked said she had been raped since 3 yrs
by 59 yrs old Triratna chitrakar by showing pornography and
unnatural sex(oral sex).
• Triratna chitrakar said that rape is not even possible because
he was impotent.
• Decision of the District Court
• 10 yrs of imprisonment according to article 3(2) of (Jabarjasti
Karani) and half of the property of Triratna chitrakar will be
given to the victim as a compensation according to Article10.
Grounds of appeal by defendant are as follow
1. He was impotent
2. Unable to have sexual intercourse because his wife was
present there.
3. If incident had occurred then she would obviously told her
parents
4. No any evidence to prove the issue.
5. Dismiss the decision of the district court and he appeal to
appellate court
 • Decision of the Appellate Court
• Decision of the District Court is valid and in case of punishment 7
years of imprisonment is given.

• Decision of the Supreme Court

 First case related to Pedophile and Custodial Rape.
 Decision given by District court in such crime should not be
interfered by Appellate court without reasonable ground.
 Effect to the victim due to seriousness of the crime, how many
times has the crime been committed, situation of the victim,
maximum limit of the crime of accused, the way the crime has been
done etc should be kept in mind while punishing the criminal for
minimum 7 or maximum10 yrs.
 Punishment according to the seriousness of the crime.