From Sensation to Precision: DGDM Lawyers Demystify Sexual Offenses, Child Pornography, Pedophilia, and Sexual Abuse in the Media

Concepts: pedophilia, pedosexuality, pedosexual abuse, and images of sexual abuse of minors

Pedophilia is a sexual preference that approximately 1% of the male population lives with, according to international research. Much less is known about female pedophiles.

A pedophile is an adult who is sexually attracted to children who do not yet exhibit secondary sexual characteristics (lowered voice, hair growth, breast development, etc.). This often refers to children under the age of 13. Some pedophiles are exclusively attracted to children, while others are attracted to both adults and children. According to the Diagnostic and Statistical Manual of Mental Disorders (DSM), pedophilia falls under paraphilias, which are sexual preferences that deviate from the prevailing norm.

Pedophilia is often confused with pedosexuality. Pedosexuality refers to sexual behavior or acts towards children.

The distinction is crucial: pedophilia as a sexual preference itself is not illegal; however, engaging in pedosexual acts with minors is.

Pedosexual abuse involves engaging in sexual behavior with a minor who already exhibits secondary sexual characteristics (lowered voice, hair growth, breast development, etc.) but is not yet able to consent to sexual activities.

In Belgium, the minimum age for consenting to engage in or undergo sexual behaviors with adults is (in principle) 16 years. Pedosexual abuse is always illegal, and viewing sexual abuse images of minors is also illegal.

The term “images of sexual abuse of minors” includes all images depicting minors in or participating in sexual acts, or any images depicting children or their genitalia with a sexual connotation.

Until the new sexual offenses law (2022), the term “child pornography” was used. This term was considered too limited by the new law and was redefined as the possession, distribution, and production of images of sexual abuse of minors. These actions are always illegal.

What specifically falls under “images of sexual abuse of minors”?

These are all possible sexually suggestive images of underage individuals. Images of minors or their genitalia that were not initially intended to be sexual but are used in that way can constitute child pornography.

It is important to emphasize that no distinction is made between photos, videos, symbols, or even fictional drawings. Songs or other texts can also be illegal (think of participating in a chat conversation discussing certain fantasies). Since the rise of artificial intelligence (AI), the legislature has also made possession, distribution, and production of virtual images or images of non-existent minors illegal (“Sweetie” and deep fakes) (see Cybercrime Convention and Directive 2011/92/EU).

The term “image” thus receives a very broad interpretation.

• Minors? The images mentioned in this offense involve images of children under 18 years old.
• What does “possession, distribution, and production” mean? This question is answered by articles 417/44-47 of the Penal Code. As soon as a person possesses sexually suggestive images of a minor (digitally or not), it is considered “possession.” If that person passes on these images to someone else – in any way: displaying, offering, selling, renting, broadcasting, delivering, providing, etc. – it is considered “distribution.” Producing such images (recording, drawing, directing, generating with artificial intelligence, etc.) constitutes “production.”

All these behaviors are punishable by imprisonment or a prison sentence and a fine.

It is important to emphasize that the majority of people who experience pedophilic feelings do not want to commit illegal acts. It is very possible that individuals with a pedophilic preference never commit abuse because they do not want to harm children. Behavior and fantasies do not necessarily coincide.

There are people with pedophilic feelings who can manage them and never commit offenses. Accepting being pedophilic and learning to deal with these feelings properly and safely can be challenging and very heavy. Talking about it can provide support.

What if things go wrong?

Pedophilia is a sexually deviant psychiatric disorder and often comes with addiction issues, minimization, denial, shame, and the belief that no help is possible.

Psychological or psychiatric counseling can indeed provide assistance. Treatment can provide insight into one’s own issues and give the person tools to learn to handle pedophilic feelings without acting on them. In some cases, medication can also help (e.g., libido inhibitors).

The first step is often difficult because “where to start”? The Flemish organization Stop it Now provides a first contact point and helps find the right counselors. SEOS is the French-speaking counterpart and also provides multidisciplinary assistance.

The criminal law team at DGDM has extensive experience in guiding and defending individuals dealing with such issues. We always strive for a multidisciplinary approach in the client’s interest.

If you commit an offense, the Criminal Law team at De Groote De Man Lawyers can assist you. Our criminal law specialists are well-versed in sexual offenses and can support you in a clear, honest, and above all, discreet manner. For this, we collaborate with counseling services to offer you an all-inclusive service.

Know that you are not alone, and help is possible. We are here to assist you with discreet (legal) advice.