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A Pedophile is often an adult who is unnaturally attracted to Children under the age of 12-13 years of Age. This condition is known as Pedophilia and the condition itself doesn’t constitute the offense. Pedophile Law is applicable for Child Sexual Abuse and Child Exploitation.
When the Pedophilic Condition is physically characterized and manifested in Reality causing Child Sexual Abuse, then, it constitutes a Crime. Pedophilia is widely considered to be a psychiatric disorder and such activity is said to be Child exploitation or Child Sexual Abuse.
Nepal has also criminalized Pedophilic Actions and Child Sexual Abuse in Nepal. Section 225 of the National Penal Code has prohibited Child Sexual Abuse in Nepal.
Section 225(1) has stated that no individual shall commit or cause to commit Child Sexual Abuse in Nepal. It constitutes an aggravating and moral turpitude Offense.
Conditions for Child Sexual Abuse (Pedophile Law)
Section 225 Prohibition of Child Sexual Abuse Sub-Section 2 has laid down the conditions for Pedophilic Actions in Nepal. The Following Elements collectively constitute Pedophilia Crime in Nepal:
- If an Individual takes a child to a lonely place in an unusual manner without permission or authorization.
- If the Individual touches or holds the child in an inappropriate manner including the touching of their Sexual Organ
- Moreover, If the Child is involved in either one or another form of Unusual Sexual Behavior or if they are forced to make such behavior.
- If the Offender/Individual committing Child Sexual Abuse has the ultimate motive of engaging in Sexual Intercourse with the child.
In other words, when children are unusually taken to private places, touched in private parts, or engage in Unusual Sexual Activities to have Sexual Intercourse with the child, it is considered to be a Crime of Child Sexual Abuse (Pedophilia).
Punishment for Child Sexual Abuse
Commission of Pedophilia results in Criminal Charges against the Individual committing it. Section 225(3) of the National Penal Code has provisioned for Punishment for committing or causing to commit Pedophilia/Child Sexual Abuse in Nepal.
The Code provides that individuals who commit child Sexual Abuse in Nepal can be liable to a term of imprisonment for a term not more than three years. Further, the individuals who committed the Crime are required to pay a fine of not more than NPR 30,000 in the context of Nepal.
Compensation
The Act has provisioned for Compensation to be paid to the Child Victim for Child Sexual Abuse or Pedophilia in Nepal. It has been mentioned that reasonable compensation must be paid to the Victim by the Offender if such a crime has been committed.
Statute of Limitation
The Statute of Limitation for reporting Child Sexual Abuse in Nepal is one year from the date of the Commission of the Offense.
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