The legal definition of paedophilia is actually slightlly different
Any feasible definition tends therefore to focus on the criminal acts and behaviour involved. This consequently suggests that a paedophile is an adult who commits a sexual offence against a child. While this would appear at first glance to be fairly straightforward, albeit circular, problems concerning age and the meaning of ‘child’, ‘adult’ and ‘sexual’ are palpable in this context. For example, from a legal perspective, in England and Wales, a child can be someone under the age of 14 (Children Act 1989), under 16 (Child Benefit Act 2005), or under 18 (United Nations Convention on the Rights of the Child). Moreover, concepts such as child and adult are interdependent, particularly in this context.
The question thus arises regarding at what point on a spectrum of age, sexual offending additionally becomes paedophilia. Weeks (1985) points out that our concern with age in conjunction with sexual activity is ultimately a debate about the appropriate minimum age for engagement in such activity (in England and Wales this currently stands at 16). When assessing this we are really asking when we feel a child has the mental maturity, intellectual capacity and competence to make a free and reasoned decision (Waites 2005). Waites also acknowledges that this is not a straightforward question and can depend on what is held to be important. This also ties in with children’s rights and at what age children should be allowed or even be entitled to participate in decisions regarding their life
In the case of children who have been trafficked the age and the ability to give consent would differ from another child.
