Some Fear Hate Crime Definition Could Extend to Pedophiles

Staff Writer, May 21, 2009

Current federal law defines a hate crime as certain acts or attempted acts of violence committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability. Though this will protect many individuals from suffering from physical or emotional abuses because of their difference, some argue that these terms can come to include more unsavory individuals.

For example, some, including actor Chuck Norris, have expressed concern that the definitions of “sexual orientation” and “disability” will actually protect child pornographers and pedophiles from discrimination. However, Rep. Tammy Baldwin (D-WI) put many of these fears to rest. She explained during the House Judiciary Committee hearing that the term “sexual orientation” referred to consensual homosexuality or heterosexuality, which excludes pedophiles.

Also, pedophilia cannot be considered a “disability,” because the Americans with Disabilities Act of 1990 specifically exclude pedophilia. Though many would argue that pedophilia is caused by a mental disorder, it cannot be protected by any hate crimes bills and pedophiles are not under such protections from the U.S. government.