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性犯罪者の更生

  今の時期,雨が続いた後の晴れた風の強い日,というのは花粉症にとっては最悪のコンディションだ。鼻をかみすぎて鼻の下は赤くただれ,目は腫れぼったい涙目で── 考え事など全くできない。

  先日,性犯罪者の更生というのは難しい問題だ,出来上がった人格の改造などどうして可能だろうか,と書いたら,学生から反論を食らってしまった。彼の言うのは,犯罪者の「更生プログラムは元性犯罪者の再犯を防ぐことが目的であって、彼らの性的嗜好自体を変える必要はない」のではないか,であれば,そのことは可能なのではないか、ということだ。いいところをついている。ついでに,彼は「そういった目的の更生プログラムや治療は許されない」とも主張する。それは本来的な人間存在のあり様に手をつけようとするものだから。
  上のような意見には喜んで賛成するべきだろう(人格の尊厳,絶対の自由よ讃えられてあれ)。
  しかし問題は,この種の犯罪者たちの場合,彼らの犯罪とその性的嗜好とがあまりに強く結びついていて,後者に手をつけずに前者の改造が可能か,という辺りにあるのではないだろうか。たしかに,いわゆる「ロリコン」や「×××フェチ」の男性は掃いて捨てるほどいて(その手の読者をターゲットにした雑誌やビデオといった商品の存在でも明らか),しかしその大部分は実際には犯罪には出ない。であれば,性犯罪者をその程度にまで更生させればよいのだ,と言うのだろう。しかし,そこに存在するのは「程度」ではなく「性質」なのではないだろうか── つまり,標準からは外れた性的嗜好を持ってはいても,なお「境界内にとどまる」性倒錯者と,その嗜好上必然的に「犯罪に至る」性倒錯者とがあり,両者はもともと違った性質のものなのではないだろうか。
  「境界内にとどまる」性倒錯者は,犯罪的な妄想を膨らませることはあっても,めったにそれを実行に移さないのであり,だからこそ,彼らを常に性犯罪者予備軍と見る必要もないのだが,「犯罪に至る」性倒錯者の場合は,そのような想像力自体を欠き,犯罪的行動によって直接に自分の性欲を満足させることをめざすのだ。そのような嗜好であり,倒錯であるのだ,と考えるべきなのではないだろうか。であれば,後者の「更生」はいかにして可能なのだろうか。

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