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BRIT. J. CRIMTNOL. Vol. 15 No.

2 APRIL 1975

VICTIM-PRECIPITATED PEDOPHILIA OFFENCES


MATTI VIRKKUNEN (Helsinki)*

IN recent years attention has been increasingly paid to the part the victim's
behaviour plays in initiation of offences. Earlier the picture of a passive
victim was dominating. Von Hentig (1948) stated, in a manner typical of
the time, that the victims were vulnerable, apathetic, lonesome, and so on.
Wolfgang (1958) attempted to balance this picture by stressing a more active
role of the victim in offences. Later it has been stated that some victims
precipitate the offences more than others. In recent years a new section, i.e.
" victimology", has been developed for research into these aspects. When
scrutinising the offender/victim relationship in general, a limited number of
crimes, mainly murders, aggravated assault, sexual offences and robberies,
have been focused on (President's Commission on Law Enforcement and
Administration of Justice, 1967; National Commission on the Causes and
Prevention of Violence, 1969).
Especially in sexual offences the crucial part played by the victim in
initiation of the offence has been clearly observed. One-fifth of the forcible
rapes Amir (1967) studied were "psychologically precipitated by the
victims". Schafer (1968) noted that the more physical activity involved in a
crime the better were the chances for observing the victim's eventual
contribution to it.
Besides grown-up victims juveniles as well have often been found to act as
initiators in or to consent to sexual acts without special seduction, threaten-
ing or violence (Mannheim, 1965). According to Witter (1972) active
resistance on the part of a child victim appeared only in about one-fourth of
the pedophilia cases investigated criminologically. The offender's threats and
intimidations increased resistance. According to Witter, however, this was
not true of a majority of pedophilia offences, particularly when the offences
were committed by the elderly. In situations of this kind many children
passively allow events to take their course or even take the initiative by coming
to the offender, often bringing their playmates as well. Rasch (1963) has
described the pedophilic situation to be often such that both the offender and
the victim meet on a plane of mutual understanding. On the child's part it is
unbounded sexual curiosity, which seeks support and satisfaction from
adults. The offender, again, does not have to adapt himself to the level of a
child, since his own mentality is already infantile. This, in turn, often has its
roots in early damage to the brain. This premature cerebral debility has been
stressed by Barylla (1965) among others. Furthermore Pondelickova et al.
(1969) stressed in general the part of mental debility in pedophilia offences.
It has often been stated that in pedophilic offences the offender has, in many
cases, been previously acquainted with the victim, which naturally fits in
* M.D., forensic psychiatrist, Forensic Psychiatric Department, Psychiatric Clinic of the Helsinki
University Central Hospital, Helsinki, Finland.
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MATTJ VIRKKUNEN

with the above-mentioned victimological aspects. In Turner's (1964) material


two-thirds of the offenders were not strangers to the victims.
In this study the aim was to elucidate the state in which the offenders were
prior to the offences, as well as the typical features of pedophilia offences
which were not incestuous, where the victim's behaviour had a positive effect
on initiation of the offence. These were compared with the cases which could
not clearly be established as associated with the victim's precipitation.
(Further on, victimological cases are referred to as subjects and others as
controls.)
Method
In selecting the material all the pedophilia cases of the years 1951 to 1972,
which had been subjected to mental examination at the Psychiatric Clinic of
the Helsinki University Central Hospital, were studied. These numbered 64
and were thoroughly investigated. If clear indication was found that the
victim or victims had precipitated the situation by their own behaviour the
case was taken as a subject. This kind of precipitating behaviour was involved
when the victim repeatedly, on his/her own initiative, visited the offender
notwithstanding the fact that the latter committed unchaste acts, and/or the
victim displayed some kind of initiative in the offence itself. On the other
hand, those cases where some resistance, at any rate, or passive attitude could
be verified, were taken as controls. As to the subjects sometimes the offender's
own information had to be relied on. The subjects totalled 31 (48-4 per cent.)
and the controls 33 (51-6 per cent.). The next step was a radical investi-
gation of the documentation of the cases, including statements on mental
state, and efforts were made to find answers to the questions mentioned above.
Of all victims females totalled 41 (64-1 per cent.) and males 23 (35-9 per
cent.). Of the victims in the subjects females numbered 17 (54-8 per cent.)
and males 14 (45-2 per cent.), whereas in the controls there were 24 (72-7
per cent.) and 9 (27-3 per cent.) respectively. When comparing these groups
the difference was not statistically significant ( p > o - o i ) .
The average age of the victims was about 9 to 10 years and no clear dif-
ference between the groups could be discerned. Here the age at the beginning
of the offence was noted, for in some cases, in fact, the acts had continued for
several years. If there were several victims, only the youngest of them was
included in this study.
The offenders in the subjects were clearly older, their average age being
41-3 years, whereas that of the controls was only 30-7 years.

Results
In intelligence level a clear difference was to be observed between the groups.
If all those were considered whose intelligence quotient was below 85 i.e.
who were poorly talented at the most, these cases in the subjects numbered
2
4 (77 -4 per cent.), in the controls only 11 (33-6 per cent.). This difference
was statistically highly significant (x*=i2-4; p < o - o o i ) . When only those
cases were considered, whose intelligence quotient was below 67 i.e. who, at the
most, were mentally slightly defective, there were only nine (29-0 per cent.)
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VICTIM-PRECIPITATED PEDOPHILIA OFFENCES

cases in the subjects and seven (21-2 per cent.) in the controls. When com-
paring the groups the difference was not statistically significant ( p > o - o i ) .
Mental effectiveness (below I Q 85) in more than half of the subjects was,
according to the psychological examination, a secondary phenomenon brought
on by age or some other state of defectiveness, whereas in the controls this
was absolutely true only in a few cases.
Of die subjects four (12-9 per cent.) and of the controls two (6 • 1 per cent.)
were schizophrenics. In three cases a clear defective state was involved; these
were in the subjects. Considering all the cases the illnesses had persisted
approximately two to six years. In these circumstances no really acute cases
were in question.
Previous criminality existed in a total of 12 (38-7 per cent.) of die subjects
and in 20 (60 -6 per cent.) of die controls. However, diere was no statistically
significant difference (p>o-oi) between die groups. In die controls, however,
diere were radier more cases of different offences against property. These
were in die subjects 7 (22-6 per cent.) and in die controls 16 (48 -5 per cent.).
This difference was statistically almost significant (x s =4 • 66; p < o • 05). There
had been previous pedophilia offences in die subjects in five (16 • 1 per cent.)
and in die controls in seven (21-2 per cent.) cases.
Of die subjects the victim had known die offender prior to die offence or
offences in as many as 23 (74-2 per cent.) and of die controls only in 14
(42-6 per cent.) cases. This difference was statistically significant (x s =6-6g;
p < o -oi). Usually a neighbour, close acquaintance or, for example, a person
serving die children's family, was involved.
The offender had tried to corrupt die victim by bribery in as many as 23
(74-2 per cent.) cases of die subjects, while of die controls diese totalled only
10 (30-3 per cent.) cases. When comparing die groups die difference was
statistically especially significant (xs = 12 • 3; p < o • 001). Usually tins bribery
was carried out so tiiat die offender enticed die victim, by giving candy or
money, to his abode or some remote place. In many cases tins bribery had
been carried on already for a long time before die situation had started to gain
sexual colour. Often, die offenders gave die victims presents, too, so tiiat diey
would not mention the matter to tiieir parents.
The victim was die object of die unchastity on only one occasion in as few
as eight (25-8 per cent.) cases of die subjects, while in die controls diese
totalled as many as 24 (77-0 per cent.) cases. When comparing die groups
the difference was statistically very significant (x*=i4 - 15 p < o - o o i ) . In die
subjects die victims had repeatedly become die objects of unchaste acts. In
some of die cases diese went on for years before die situation was revealed
by a purely accidental circumstance like a playmate telling about it, and
diis led to prosecution. In die controls, by contrast, purely accidental cases
were often involved.
In die subjects die victims numbered generally more dian one. This was
true of 20 (64-5 per cent.) cases, whereas in die coDtroh tiiis was true of only
12 (36-4 per cent.) cases. This difference was statistically almost significant
( x t = 5 " ° 7 ; p<o-O5). In die subjects die situation was often such diat die
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MATTI VIRKKUNIN

first victim had, because of presents, etc. taken his playmates, among others,
to the offender and they were also subjected to unchaste acts.
No violence was linked to any of the cases in the subjects, but this occurred
in the controls, in one way or another, in a total of 13 (39 -4 per cent.) cases.
This difference was statistically especially significant ( x x = I 5 - 3 ; p < o - o o i ) .
In the controls one of these acts of violence led to a capital offence; the
offender became scared of the act he had committed and killed his victim
because of it. In about six or seven cases a complete forcible rape took place.
In some cases there was beating and in others the victim had been dragged
by force into a forest, and so on.
Discussion
Pedophilic offences constitute apparently a group of offences towards which
the general attitude is strongly negative. Obviously, facts of this kind have
influenced people engaged in criminological investigation, with the result
that facts relating to the victim's precipitation of the offence have not been
investigated to any notable degree notwithstanding that these are quite
obvious.
In this study we had to start with persons guilty of pedophilia offences and
subjected to mental examination, in order to be able to clarify those questions
which we wished to elucidate. In these circumstances, the question is how
far representative these cases can be considered to be of all pedophilia offences.
In Finland, where this study was carried out, it is customary that courts
order the accused to have a mental examination, at which attention is paid
to whether anything in the accused or in his documentation indicates psychic
abnormality. Nevertheless, as regards sexual offences and cases of pedophilia
in particular, the offence itself may be a sufficient reason for ordering the
accused to have a mental examination. It is possible that, in the study
material in general, states of schizophrenia, for instance, and other states
indicating decline in psychic level are somewhat over-emphasised, merely
because of the fact that these offenders are more easily caught than others.
However, there is reason to assume that victimological aspects have not
influenced orders for mental examination, since, although the relevant
material originates from the past two decades, the discussion about such cases
started only in recent years. Thus, the cases and the results may be regarded as
representative even in a more general sense. Apparently, some pedophilia
offences never lead to prosecution and consequently are not recorded by
courts. Obviously, this is the case in particular when the offence is a minor
one and the victim's precipitation very strong. Consequently, the number of
offences in which the victim's co-operation was involved may in reality be
even greater than in this study, but this does not necessarily influence to any
great extent the variable distributions investigated.
The high prevalence of a low intelligence level in the subjects indicates that
persons of this kind are likely to succumb readily in a victim-precipitated
situation; this applies even more if there has been a decline in intelligence
level due to age, a possible psychotic illness or some similar phenomenon.
Generally, it can be said that in victim-precipitated cases " opportunity makes
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VICTIM-PRECIPITATED PEDOPHILIA OFFENCES

the thief." Apparently, this is especially true when there has been a decline in
intelligence and in the other psychic aspects and the person's control mecha-
nisms have deteriorated in proportion to his possibly accentuated libido.
In the subjects there was previous criminality to almost the same extent as
in the controls. In this connection it is appropriate to remember that the
criminals in the subjects were distinctly older than those in the controls and
thus they can be considered proportionally to have less criminality. Also die
lesser occurrence of offences against property in the subjects indicates that they
are less prone to habitual criminality of a different kind.
As to whether the victim knew the offender, the results of this study are
fully in conformity with the previous observations of all pedophilia offences,
according to which the offender often knew the victim. The results indicate
that this is especially true of victim-precipitated offences. The fact that each
victim became several times the object of the acts is in itself a proof that the
victim co-operated in maintaining the situation. Normally this was done by
just visiting the offender repeatedly. The large number of victims resulted
from the fact that the original victim usually brought his playmates too.
Aggressive features did not seem to be linked at all to the victim-precipitated
offences. The study indicated that aggressive behaviour was not as a rule
characteristic of these offenders; on the other hand they seemed to be in a
pronounced manner gentle, fond of children and benevolent. Obviously,
these characteristics contributed to the parents generally consenting to the
children's visits to persons of this kind. In these circumstances a relatively
long time, sometimes even years, can elapse before the parents even start to
suspect that there is something wrong between these persons and the children.
Summary
The purpose of this study was to elucidate the typical features in those pedo-
philia cases, not incestuous, where the initiation of the acts was associated
with the victim's precipitating behaviour. The study consisted of 64 cases of
pedophilia, of which 31 (48-4 per cent.) had these characteristics. These
manifested themselves in visits made to the offender on the victim's own
initiative and in taking some kind of initiative in the offence itself. In those
cases where features of the victim's precipitation were involved, the offenders
had clearly a weaker intelligence than other pedophilia offenders and usually
their intelligence level had declined secondarily as a consequence of different
brain processes, chronic schizophrenia, etc. They had less criminality of other
kinds, especially in relation to offences against property. The victims had
more often known the offender and the offences had more often been linked
with bribery, in the subjects than in the controls. Also the victims became the
objects of the offences more than once, and there were more often several
victims, in the subjects than in the controls. No aggressive behaviour, in
contrast to the controls, was linked to the victim-precipitated offences.
REFERENCES
AMIR, M. (1967). " Alcohol and forcible rape." Brit. J. Addict., 6a, 219-232.
BARYLLA, F. (1965). " Zur Klinik und forensischer Psychiatric der Padophilie."
PsychiaX. Neterol. Med. Psychol. (Lpz.), 17, 217-221.
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MATTI VIRKKUNEN

VON HENTIO, H. (1948). The Criminal and his Victim. New Haven, Conn.: Yale
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MANNHEIM, H. (1965). Comparative Criminology. London: Routledge and Kegan
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NATIONAL COMMISSION ON THE CAUSES AND PREVENTION OF VIOLENCE (1969).
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PONDELICKOVA, J., MELLAN, J. AND NEDOMA, K. (1969). " Personality features
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PRESIDENT'S COMMISSION ON LAW ENFORCEMENT AND ADMINISTRATION OF JUSTICE
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RASCH, W. (1963). " Opfer und Tater-die Beteiligung von Kindern und Jugen-
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SCHAFER, S. (1968). The Victim and his Criminal. New York: Random House.
TURNER, R. E. (1964). " The sexual offender." Canad. psychiat. Ass. J., 9, 533-540.
WITTER, H. (1972). " Zur Typologie der padophilen Delikte." In Handbuch der
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WOLFGANG, M. (1958). Patterns in Criminal Homicide. Philadelphia: University of
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