Paraphilia : the oft-forgotten sexual offences

Abstract

Paraphilia is defined by the American Psychiatric Association as the experience of intense sexual arousal to atypical objects, situations, fantasies, behaviours or individuals. This dissertation will be comparing and analysing international legalisation and criminological research with that of Malta, with the aim of potentially starting a discussion regarding the lacuna found within our legislation regarding these issues. It also aims to raise greater awareness on paraphilia and promote more evidence-based practice regarding policy and legislative change, especially in addressing existing legal lacunae within the Maltese legislative framework. For the purpose of this research, the methodology adopted was that of comparative and documentary research. Comparative research is an expansive term that utilises both quantitative and qualitative methods when comparing social entities, be it geographical, political or demographic. Laws regarding sexual offences and necrophilia were analysed and discussed. The findings highlight that necrophilia, although considered to be a sexual offence, it is not considered to hold the same grievousness as other sexual offences. Moreover, it is rarely directly addressed in legislation and with penalties for such acts being more than three times less than those meted out for other sexual offences. It is rarely tackled as a crime on its own merits but as an offshoot of mishandling or abuse of corpses. The research recommends that future legislation should be designed upon a comparison of those already established in other countries. Further research is recommended to be carried out on the nature and the development of paraphilia and their manifestations, with the hope that the lacuna in Malta’s legislation and policy may be addressed and that individuals are offered the rehabilitation that is offered to any other sexual offender as well as to the indirect victims.