Greville Janner and Margaret Moran – trial of facts more likely for expenses fiddling than child abuse?Posted: June 27, 2015 Filed under: Abuse, Labour Party, Politics, Westminster | Tags: abuse, alison saunders, charles kennedy, denis mcshane, exaro, george thomas, greville janner, keir starmer, labour party, lord tonypandy, margaret moran, westminster 9 Comments
In 2012, the former Labour MP for Luton South Margaret Moran faced 21 charges of false accounting and forgery of parliamentary expenses involving sums of over £60 000. However, following a psychiatrist’s report, Moran was found to be suffering from a depressive illness, with extreme anxiety and agitation, and as such was unfit to stand trial. Nonetheless, a trial went ahead in her absence (a so-called ‘trial of the facts’) and it was found that she did indeed falsely claim more than £53 000. Moran received a two-year order placing her under the supervision of a council mental health social worker, as well as being treated for the improvement of her medical condition. At the time, the Director of Public Prosecutions (DPP) and Head of the Crown Prosecution Service (CPS) was Keir Starmer, now the Labour MP for Holborn and St Pancras after being elected in May 2015.
Fast-forward to two-and-a-half years after the trial of the facts for Moran, and as is now well-known, the new DPP, Alison Saunders made the decision not to charge Labour peer Lord Janner, formerly Greville Janner, MP for Leicester West from 1970 to 1997, with 22 offences involving the sexual abuse of children, between 1969 and 1988, on the grounds of his suffering from dementia. Even the Mayor of London, Boris Johnson, argued that Janner should face a ‘trial of the facts’, but Saunders dismissed this on the grounds that Janner was no longer an ongoing risk to the public (not something which Janner himself would have viewed as an obstacle to prosecuting Nazi war criminals with dementia, as witnessed by his statements here and here). Starmer defended his successor Saunders’ decision, saying that ‘we should inhibit our comments on the case’.
There have been major questions asked about the reliability of the diagnosis of dementia against Janner, in light of clear evidence of much significant activity at the House of Lords and elsewhere following the initial diagnosis (see for example this report – as Gojam has pointed out on The Needle Blog, there is a great irony in Janner being deemed too ill to face justice but well enough to legislate). But even if one accepts that Janner is not fit to appear in court, do the seriousness of the charges (not to mention the suggestion that Janner may have been part of a wider network, together with the former Speaker of the House of Commons George Thomas aka Lord Tonypandy) not make the case for a trial of the facts imperative? Janner may not be an ongoing risk to the public, but neither was Moran, who was no longer an MP at the time she faced charges.
I do not want to make light of the issue of MPs fiddling parliamentary expenses, though do think that as financial scandals go, this was quite small in terms of the sums involved, especially relative to government spending. Furthermore, I do not share public cynicism about the very profession of being a Member of Parliament, and think our MPs should be paid more, commensurate with the salaries they might receive in the private sector, and hopefully then few would want to fiddle expenses.
The spectacle of a clearly distraught and destroyed (and visibly aged) Moran, following the court ruling, was something I found upsetting at the time. This has nothing to do with her gender; the vilification and imprisonment of Denis McShane was no less pretty, nor was the SNP-driven hate campaign against the vulnerable Charles Kennedy, likely playing a part in his early death.
But I believe there are current and former MPs against whom far more serious charges exist. The fact that parliamentary expenses has been viewed as a more serious matter than the abuse of vulnerable children says a good deal about the distorted moral compass that exists in the circles of power.
Reports today in the Guardian, Independent, Times and Mail all suggest that Saunders decision could be overturned, as she herself intimated in an interview earlier this week. This is following a review by an independent QC, though @ExaroNews have tweeted today ‘Crisis at CPS: tonight CPS denies story in Daily Mail that DPP decision on Janner is to be reversed. Mail prob right then.’
The case for a trial of the facts against Janner is unanswerable. Anything less will smack of a high-level establishment cover-up. It is vital that in this case the truth is established whilst the alleged perpetrator is still alive. This is far more serious than any expenses scandals.
Academia and Paedophilia 1: The Case of Jeffrey Weeks and Indifference to Boy-RapePosted: September 29, 2014 Filed under: Abuse, Academia, Labour Party, PIE, Westminster | Tags: andrew gilligan, bryan gould, Clifford Hindley, donald j. west, edward carpenter, eileen fairweather, esther saga, george thomas, germaine greer, harriet harman, jack dromey, jeffrey weeks, john parratt, kate millett, ken plummer, labour party, len davies, lord tonypandy, margaret hodge, mary mcintosh, mary mcleod, nccl, nettie pollard, paedophile information exchange, patricia hewitt, peter righton, pie, sheila rowbotham, tom o'carroll, warren middleton, yvette cooper 8 Comments
Over on the Spotlight blog, a series of important articles have been posted on paedophilia in academia, focusing on the work of sociologist Ken Plummer at the University of Essex, Len Davis, formerly Lecturer in Social Work at Brunel University, and Donald J. West, Professor of Clinical Criminology at the University of Cambridge. There is much more to be written on the issue of the acceptance of and sometimes propaganda for paedophilia in academic contexts; I have earlier published on the pederastic scholarly writings of Clifford Hindley (formerly a senior civil servant at the Home Office alleged to have secured funding for the Paedophile Information Exchange), as well as the pro-paedophile views of leading feminist and Cambridge University Lecturer Germaine Greer. In several fields, including sociology, social work, classical studies, art history, music, literature and above all gender and sexuality studies, there is much to be read produced in a academic environment, and published by scholarly presses, which goes some way towards the legitimisation of paedophilia. In July, Andrew Gilligan published an article on this subject as continues to exist in some academic summer conferences (Andrew Gilligan, ‘Paedophilia is natural and normal for males’, Sunday Telegraph, July 6th, 2014), whilst Eileen Fairweather has written about how easily many in academia were taken in by the language and rhetoric of PIE, as they ‘adroitly hijacked the language of liberation’, presented themselves in opposition to ‘patriarchy’ and would brand critics homophobic (Eileen Fairweather, ‘We on the Left lacked the courage to be branded ‘homophobic’, so we just ignored it. I wish I hadn’t’, Telegraph, February 22nd, 2014). Back in 1998 Chris Brand, Lecturer in Psychology at the University of Edinburgh, was removed from his post after advocating that consensual paedophilia with an intelligent child was acceptable (see Alastair Dalton, ‘Brand loses job fight over views on child sex’ The Scotsman, March 25th, 1988, reproduced at the bottom of this), but such cases are rare.
I would never advocate censorship of this material or research of this type, but I believe it to be alarming how little critical attention this type of material appears to receive, perhaps still because it is taboo in certain circles to criticise anything which in particular attaches itself to the cause of gay rights (just as victims of female abusers, or researchers into the subject, find themselves under continual attack from some feminists who would prefer for such abuse to continue than for it to disturb their tidy ideologies – see my earlier post on child abuse and identity politics).
I have over a period of time been assembling information on what I would call a paedophile ‘canon’ of writings, many of them produced by academics, which use similar ideologies and rhetoric to attempt to normalise and legitimise paedophilia. Detail on this will have to wait until a later date; for now, I want to draw attention to some of the writings of Emeritus Professor of Sociology and University Director of Research at South Bank University Jeffrey Weeks, previously Executive Dean of Arts and Human Sciences and Dean of Humanities. Rarely has Weeks’ work been subject to critique of this type (one notable exception is Mary Macleod and Esther Saga, ‘A View from the Left: Child Sexual Abuse’, in Martin Loney, Robert Bocock, et al (eds), The State or the Market: Politics and Welfare in Contemporary Britain (London: Sage Books, 1991), pp. 103-110, though this is problematic in other respects).
Weeks was described in a hagiographic article from 2008 as ‘the most significant British intellectual working on sexuality to emerge from the radical sexual movements of the 1970s’ (Matthew Waites, ‘Jeffrey Weeks and the History of Sexuality’, History Workshop Journal, Vol. 69, No. 1 (2010), pp. 258-266), having been involved the early days of the Gay Liberation Front and their branch formed at the London School of Economics in 1970. He published first in Gay News, and was a founding member of the Gay Left collective; their ‘socialist journal’ included several pro-paedophile articles (all can be downloaded here – see in particular issues 7 and 8). Weeks’ first book, Socialism and the New Life: the Personal and Sexual Politics of Edward Carpenter and Havelock Ellis (London: Pluto Press, 1977) was co-authored with Sheila Rowbotham; Rowbotham wrote on Edward Carpenter, who was a key member of the ‘Uranian’ poets, who have been described as ‘the forerunners of PIE’; the volume completely ignored any of this.
In the preface to the paedophile volume The Betrayal of Youth: Radical Perspectives on Childhood Sexuality, Intergenerational Sex, and the Social Oppression of Children and Young People (London: CL Publications, 1986), editor Warren Middleton (aka John Parratt, former vice-chair of the Paedophile Information Exchange and editor of Understanding Paedophilia, who was later jailed for possession of indecent images), acknowledged Weeks gratefully alongside members of the PIE Executive Committee and others who had ‘read the typescripts, made useful suggestion, and, where necessary, grammatical corrections’.
Here I am reproducing passages from four of Weeks’ books, which should make his positions relatively clear. The first gives a highly sanitised view of the paedophile movements PAL and PIE, accepting completely at face value the idea that they were simply ‘a self-help focus for heterosexual as well as homosexual pedophiles, giving mutual support to one another, exchanging views and ideas and encouraging research’, whose ‘method was the classical liberal one of investigation and public debate’ (rather than a contact group for abusers and for sharing images of child abuse, as was well-known and documented by this stage), and more concerned about the tabloid reaction than about their victims. It is a lousy piece of scholarship as well, considering this is a revised edition from 1997 (the book was earlier published in 1977, 1980 and 1993); Weeks breaks one of the first principles of scholarship by shelving information which does not suit his a priori argument, thus saying nothing about the various members of PIE who had been convicted and imprisoned (or fled the country) for offences against children, including most of its leading members, claiming that the involvement of the Campaign for Homosexual Equality was due to its being ‘gratutiously dragged in’, ignoring the fact of their having made public statements of support at their 1974 conference (of which Weeks, at the centre of this movement, would have been well-aware). The second, on ‘intergenerational sex’ (an academic term used to make paedophilia sound more acceptable) is backed up by a range of references which is almost like a who’s who of paedophile advocates, many treated as if reliable scholarly sources rather than the child abuse propaganda they are. In common with many left-liberal writers on paedophilia, he does not endorse sex between adult men and young girls, but applies a very different set of standards when boys are concerned. The third passage is more subtle, appearing to distance Weeks from the view of J.Z. Eglinton and others, but again (drawing upon Brian Taylor’s contribution to the volume Perspectives on Paedophilia) ends up trying to make distinctions in such a way that some child abuse is made less serious. The fourth takes an angle familiar from Peter Righton and others; as abuse mostly takes place in the family, the risks from other types of paedophiles end up being little more than a moral panic.
Weeks’ minimisation of concern about sexual exploitation of boys, and concomitant greater sympathy with gay abusers than their victims, resonates with the view coming from the Labour Party at the moment, with the Shadow Home Secretary Yvette Cooper determined to make child abuse purely an issue affecting girls. Furthermore, the Labour Deputy Leader Harriet Harman, as is now well-known, was involved at the centre of the National Council for Civil Liberties when they were closely linked to PIE (whose membership were overwhelmingly adult males looking to have sexual relations with boys). Under General Secretary Patricia Hewitt, NCCL submitted a document in 1976 to the Criminal Law Revision Committee, arguing amongst other things that ‘Childhood sexual experiences, willingly engaged in, with an adult result in no identifiable damage. The Criminal Law Revision Committee should be prepared to accept the evidence form follow-up research on child ‘victims’ which show that there is little subsequent effect after a child has been ‘molested’’, echoing PIE’s own submission on the subject. Harman was not involved with NCCL until two years later, but there is nothing to suggest policy changed during her time or she had any wish to change it, whilst during her tenure NCCL went on to advertise in PIE’s house journal Magpie, and had Nettie Pollard, PIE member No. 70, as their Gay and Lesbian Officer. This was the heyday of PIE, and the support of NCCL was a significant factor. Harman, quite incredibly, went on to make paedophile advocate Hewitt godmother to her sons. Cooper is of a different generation, but all her pronouncements suggest the same contemptuous attitude towards young boys, seeing them only as threats to girls and near-animals requiring of taming, rarely thinking about their needs nor treating them as the equally sensitive and vulnerable people they are; with this in mind, abuse of boys is an issue she almost never mentions. It is alarming to me that both Harman and Cooper have parented sons and yet appear to be entirely unwilling to accept that boys deserve equal love and respect, nor keen to confront the scale of organised institutional abuse of boys
Though considering the number of stories involving Labour figures alleged to have abused or colluded with the abuse of young boys (I think of the cases in Leicester, Lambeth, the relationship of senior Labour figures to PIE, not just Harman, her husband Dromey, and Hewitt, but also former leadership candidate Bryan Gould, who made clear his endorsement for the organisation (see also this BBC feature from earlier this year; the relationship of the late Jo Richardson to the organisation also warrants further investigation), not to mention the vast amount of organised abuse which was able to proceed unabated in Islington children’s homes when the council was led by Margaret Hodge, who incredibly was later appointed Children’s Minister, the allegations around former Speaker of the House of Commons George Thomas aka Lord Tonypandy, and some other members of the New Labour government who have been identified as linked to Operation Ore; and the support and protection afforded to Peter Righton by many on the liberal left), it is not surprising if the Labour frontbench want to make the sexual abuse of boys a secondary issue. This is unfortunately a common liberal-left view, and a reason to fear the consequences of some such people being in charge of children at all, whether as parents or in other roles. There are those who see young boys purely as a problem, little more than second-best girls, to be metaphorically beaten into shape, though always viewed as dangerous, substandard, and not to be trusted; this in itself is already a type of abuse, but such a view also makes it much easier to overlook the possibility their being sexually interfered with and anally raped (not to mention also being the victims of unprovoked violence) – the consequences are atrocious. Many young boys were sexually abused by members of the paedophile organisation that Harman, Hewitt, Dromey et al helped to legitimise (I am of a generation with many of the boys who appeared in sexualized pictures aged around 10 or under in the pages of Magpie; I was fortunate in avoiding some of their fate, others were not); it is right that they should never be allowed to forget this, and it thoroughly compromises their suitability for public office. The Labour Party and the liberal left in general, have a lot of work to do if they are not to be seen as primary advocates for and facilitators for boy rape. In no sense should this be seen as any type of attack on the fantastic work done by MPs such as Simon Danczuk, Tom Watson or John Mann, or many other non-politicians working in a similar manner; but the left needs rescuing from a middle-class liberal establishment who are so blinkered by ideology as to end up dehumanising and facilitating the sexual abuse of large numbers of people. Weeks, Plummer, West, Davies, Greer, Millett, Hindley, and others I will discuss on a later occasion such as Mary McIntosh, are all part of this tendency.
Jeffrey Weeks, Coming Out: Homosexual Politics in Britain from the Nineteenth Century to the Present, revised and updated edition (London & New York: Quartet Books, 1997)
‘Even more controversial and divisive was the question of pedophilia. Although the most emotive of issues, it was one which centrally and radically raised the issue of the meaning and implications of sexuality. But it also had the disadvantage for the gay movement that it threatened to confirm the persistent stereotype of the male homosexual as a ‘child molester’. As a result, the movement generally sought carefully to distance itself from the issue. Recognition of the centrality of childhood and the needs of children had been present in post-1968 radicalism, and had found its way into early GLF ideology. The GLF gave its usual generous support to the Schools Action Union, a militant organization of schoolchildren, backed the short-lived magazine Children’s Rights in 1972, campaigned against the prosecutions of Oz (for the schoolchildren’s issue) and the Little Red Schoolbook. But the latter, generally a harmless and useful manual for children, illustrated the difficulties of how to define sexual contact between adults and children in a non-emotive or moralistic way. In its section on this, the Little Red Schoolbook stressed, rightly, that rape or violence were rare in such contacts, but fell into the stereotyped reaction by talking of ‘child molesting’ and ‘dirty old men’: ‘they’re just men who have nobody to sleep with’; and ‘if you see or meet a man like this, don’t panic, go and tell your teacher or your parents about it’. 
But the issue of childhood sexuality and of pedophile relationships posed massive problems both of sexual theory and of social practice. If an encounter between child and adult was consensual and mutually pleasurable, in what way could or should it be deemed harmful? This led on to questions of what constituted harm, what was consent, at what age could a child consent, at what age should a child be regarded as free from parental control, by what criteria should an adult sexually attracted to children be judged responsible? These were real questions which had to be faced if any rational approach was to emerge, but too often they were swept aside in a tide of revulsion.
A number of organizations in and around the gay movement made some effort to confront these after 1972 on various levels. Parents Enquiry, established in South London in 1972 by Rose Robertson, attempted to cope with some of the problems of young homosexuals, particularly in their relationships with their parents. Her suburban middle-class respectability gave her a special cachet, and with a series of helpers she was able to help many young people to adjust to their situation by giving advice, holding informal gatherings, mediating with parents and the authorities.  More radical and controversial were two pedophile self-help organizations which appeared towards the end of 1974: PAL (originally standing for Pedophile Action for Liberation) and PIE (Pedophile Information Exchange). Their initial stimulus was the hostility they felt to be directed at their sexual predilections within the gay movement itself, but they both intended to act as a self-help focus for heterosexual as well as homosexual pedophiles, giving mutual support to one another, exchanging views and ideas and encouraging research. The sort of gut reaction such moves could provoke was illustrated by a Sunday People ‘exposé’ of PAL, significantly in the Spring Bank Holiday issue in 1975. It was headed ‘An Inquiry that will Shock every Mum and Dad’, and then, in its boldest type, ‘The Vilest Men in Britain’.  Despite the extreme hyperbole and efforts of the paper and of Members of Parliament, no criminal charges were brought, since no illegal deeds were proved. But it produced a scare reaction in parts of the gay movement, especially as CHE had been gratuitously dragged in by the newspaper.
Neither of the pedophile groups could say ‘do it’ as the gay liberation movement had done, because of the legal situation. Their most hopeful path lay in public education and in encouraging debate about the sexual issues involved. PIE led the way in this regard, engaging in polemics in various gay and non-gay journals, conducting questionnaires among its membership (about two hundred strong) and submitting evidence to the Criminal Law Revision Committee, which was investigating sexual offences.  PIE’s evidence, which advocated formal abolition of the age of consent while retaining non-criminal provisions to safeguard the interests of the child against violence, set the tone for its contribution. Although openly a grouping of men and women sexually attracted to children (and thus always under the threat of police investigation), the delicacy of its position dictated that its method was the classical liberal one of investigation and public debate. Significantly, the axes of the social taboo had shifted from homosexuality to conceptually disparate forms of sexual variation. For most homosexuals this was a massive relief, and little enthusiasm was demonstrated for new crusades on wider issues of sexuality. (pp. 225-227)
28. Sven Hansen and Jasper Jensen, The Little Red School-book, Stage 1, 1971, p. 103. See the ‘Appeal to Youth’ in Come Together, 8, published for the GLF Youth Rally, 28 August 1971.
29. See her speech to the CHE Morecambe Conference, quoted in Gay News, 21.
30. Sunday People, 25 May 1975. For the inevitable consequences of this type of unprincipled witchhunt, see South London Press, 30 May 1975: ‘Bricks hurled at “sex-ring” centre house’, describing an attack on one of the addresses named in the Sunday People article.
31. There is a brief note on PIE’s questionnaire in New Society, vol. 38, No. 736, 11 November 1976, p. 292 (‘Taboo Tabled’).
Jeffrey Weeks, Sexuality and its Discontents: Meanings, Myths & Modern Sexualities (London: Routledge & Kegan Paul, 1985).
Intergenerational sex and consent
If public sex constitutes one area of moral anxiety, another, greater, one, exists around intergenerational sex. Since at least the eighteenth century children’s sexuality has been conventionally defined as a taboo area, as childhood began to be more sharply demarcated as an age of innocence and purity to be guarded at all costs from adult corruption. Masturbation in particular became a major topic of moral anxiety, offering the curious spectacle of youthful sex being both denied and described, incited and suppressed. ‘Corruption of youth’ is an ancient charge, but it has developed a new resonance over the past couple of centuries. The real curiosity is that while the actuality is of largely adult male exploitation of young girls, often in and around the home, male homosexuals have frequently been seen as the chief corrupters, to the extent that in some rhetoric ‘homosexual’ and ‘child molesters’ are coequal terms. As late as the 1960s progressive texts on homosexuality were still preoccupied with demonstrating that homosexuals were not, by and large, interested in young people, and even in contemporary moral panics about assaults on children it still seems to be homosexual men who are investigated first. As Daniel Tsang has argued, ‘the age taboo is much more a proscription against gay behaviour than against heterosexual behaviour.’  Not surprisingly, given this typical association, homosexuality and intergenerational sex have been intimately linked in the current crisis over sexuality.
Alfred Kinsey was already noting the political pay-off in child-sex panics in the late 1940s. In Britain in the early 1960s Mrs Mary Whitehouse launched her campaigns to clean up TV, the prototype of later evangelical campaigns, on the grounds that children were at risk, and this achieved a strong resonance. Anita Bryant’s anti-gay campaign in Florida from 1976 was not accidentally called ‘Save Our Children, Inc.’. Since these pioneering efforts a series of moral panics have swept countries such as the USA, Canada, Britain and France, leading to police harassment of organisations, attacks on publications, arrests of prominent activists, show trials and imprisonments.  Each panic shows the typical profile, with the escalation through various stages of media and moral manipulation until the crisis is magically resolved by some symbolic action. The great ‘kiddie-porn’ panic in 1977 in the USA and Britain led to the enactment of legislation in some 35 American states and in Britain. The guardians of morality may have given up hope of changing adult behaviour, but they have made a sustained effort to protect our young, whether from promiscuous gays, lesbian parents or perverse pornographers. 
From the point of view of moral absolutism intergenerational sex poses no problem of interpretation. It is wrong because it breaches the innocence necessary for mature development. The English philosopher, Roger Scruton, suggested that we are disgusted by it ‘because we subscribe, in our hearts, to the value of innocence’. Prolonged innocence is the prerequisite to total surrender in adult love. Erotic love, he argues, arises from modesty, restraint and chastity. This means ‘we must not only foster those necessary virtues, but also silence those who teach the language which demeans them.’  So ‘intolerance’ is not only understandable but virtually necessary—there are no liberal concessions here.
Liberals and radicals on the other hand have found it more difficult to confront the subject. It does not easily fit into the rhetoric of rights—whose rights, and how are they to be expressed: the child’s, the adult’s? Nor can it be dealt with straightforwardly by the idea of consent. Kinsey argued that in a sense this was a non issue: there was no reason, except our exaggerated fear of sexuality, why a child should be disturbed at seeing the genitalia of others, or at being played with, and it was more likely to be adult reactions that upset the child than the sexual activity itself.  This has been echoed by the advocates of intergenerational sex themselves. David Thorstad of the North American Man-Boy Love Association (NAMBLA) argued that ‘if it feels good, and the boy wants it and enjoys it, then I fail to see why anyone besides the two persons involved should care.’ Tom O’Carroll, whose Paedophilia: The Radical Case is the most sustained advocacy of the subject, suggested that:
The usual mistake is to believe that sexual activity, especially for children, is so alarming and dangerous that participants need to have an absolute, total awareness of every conceivable ramification of taking part before they can be said to consent…there is no need whatever for a child to know ‘the consequences’ of engaging in harmless sex play, simply because it is exactly that: harmless. 
There are two powerful arguments against this. The first, put forward by many feminists, is that young people, especially young girls, do need protection from adult men in an exploitative and patriarchal society, whatever the utopian possibilities that might exist in a different society. The age of consent laws currently in operation may have degrees of absurdity about them (they vary from state to state, country to country, they differentially apply to girls and boys, and they are only selectively operated) but at least they provide a bottom line in the acceptance of appropriate behaviour. This suggests that the real debate should be about the appropriate minimum age for sex rather than doing away with the concept of consent altogether.  Secondly, there is the difficult and intricate problem of subjective meaning. The adult is fully aware of the sexual connotations of his actions because he (and it is usually he) lives in a world of heavily sexualised symbols and language. The young person does not. In a recent study of twenty-five boys engaged in homosexual paedophile relations the author, Theo Sandfort, found that ‘Potentially provocative acts which children make are not necessarily consciously intended to be sexual and are only interpreted by the older persons as having a sexual element.’  This indicates an inherent and inevitable structural imbalance in awareness of the situation. Against this, it might be argued that it is only the exalted cultural emphasis we place on sex that makes this an issue. That is undoubtedly true, but it does not remove the fact of that ascribed importance. We cannot unilaterally escape the grid of meaning that envelops us.
This is tactily accepted by paedophile activists themselves who have found it necessary to adopt one or other (and sometimes both) of two types of legitimation. The first, the ‘Greek love’, legitimation basically argues for the pedagogic value of adult-child relations, between males. It suggests—relying on a mythologised version of ancient Greek practices—that in the passage from childhood dependence to adult responsibilities the guidance, sexual and moral, of a caring man is invaluable. This position is obviously paternalistic and is also often antihomosexual; for it is not the gay nature of the relationship that is stressed, but the age divide and the usefulness of the experience for later heterosexual adjustment. The second legitimation relies on the facts of childhood sexuality. O’Carroll carefully assesses the evidence for the existence of childhood sex to argue for the oppressiveness of its denial.  But of course an ‘is’ does not necessarily make an ‘ought’, nor does the acceptance of childhood sex play inevitably mean the toleration of adult-child relations.
It is difficult to confront the issue rationally because of the series of myths that shroud the topic. But all the available evidence suggests that the stereotypes of intergenerational sex obscure a complex reality.  The adult is usually seen as ‘a dirty old man’, typically ‘a stranger’ to the assaulted child, as ‘sick’ or an ‘inhuman monster’. Little of this seems to be true, at least of those we might describe as the political paedophile. He is scarcely an ‘old man’ (the membership of the English Paedophile Information Exchange, PIE, varied in age from 20 to over 60, with most clustered between 35 and 40); he is more likely to be a professional person than the average member of the population (only 14 per cent of PIE members were blue collar workers); he is more often than not a friend or relation of the child; and to outward appearances is not a ‘special type of person’ but an apparently healthy and ordinary member of the community. His chief distinguishing characteristic is an intense, but often highly affectionate and even excessively sentimental, regard for young people. 
The sexual involvement itself is typically seen as being an assault on extremely young, usually pre-pubertal, people. The members of PIE, which generally is preoccupied with relations with pre-pubertal children, seem chiefly interested in boys between 12 and 14, though heterosexual paedophiles tended to be interested in girls between 8 and 10. This is less startling than the stereotype of babies barely out of the cradle being assaulted but poses nevertheless difficult questions about where protection and care ends and exploitation begins. Most members of NAMBLA, on the other hand, which has attracted obloquy in the USA as great as PIE has attracted in Britain, have a quite different profile. They appear to be chiefly interested in boys between 14 and 19. As Tom Reeves, a prominent spokesman for man/boy love, has put it:
My own sexuality is as little concerned with children, however, as it is with women. It is self-consciously homosexual, but it is directed at boys at that time in their lives when they cease to be children yet refuse to be men. 
Self-identified ‘boy-lovers’ like Reeves scarcely fit into any conceivable picture of a ‘child molester’. They carefully distinguish their own practices from sex between men and girls which ‘seems to be a reprehensible form of power tripping as it has been reported by women’; and stress the beneficial aspects for adult and young partners of the sexual relationship.
When the official age of consent in France is 15 for boys and girls in heterosexual and homosexual relations (compared to 16 for girls in Britain, and 21 for male homosexuals), and when in the 1890s Krafft-Ebing fixed on 14 for the dividing line between sexually mature and immature individuals,  the fear that NAMBLA is attempting a corruption of young people seems excessive.
The young people themselves are typically seen as innocent victims. Certainly, many children are cruelly assaulted by adults, but in relations involving self-identified paedophiles or ‘boy lovers’ there seems to be no evidence of either cruelty or violence. Sandfort found that in his sample the boys overwhelmingly experienced their sexual activities as positive. The most common evaluative terms used were ‘nice’, ‘happy’, ‘free’, ‘safe’, ‘satisfied’, and even ‘proud’ and ‘strong’; and only minimally were negative terms such as ‘angry’, ‘sad’, ‘lonely’ used. Even when these negative terms were used, it was largely because of the secrecy often necessary and the knowledge of hostile norms and reactions, not because of the sexual contact itself.  There is strong evidence that the trauma of public exposure and of parental and police involvement is often greater than the trauma of the sex itself. Moreover, many adult-child relations are initiated by the young person himself. A young member of NAMBLA was asked ‘You can be desperate for sex at 13?’ He replied, ‘Oh yes’.  Force seems to be very rare in such relations, and there is little evidence amongst self-declared paedophiles or ‘boy lovers’ of conscious exploitation of young people.
All this suggests that intergenerational sex is not a unitary category. Brian Taylor has distinguished eight possible categories which pinpoints the existence of ‘paedophilias’ rather than a single ‘paedophilia’. There are the conventional distinctions between ‘paedophiles’ (generally those interested in prepubertal sex partners), ‘pederasts’ (those interested in boys) and ‘ephobophiles’ (those interested in adolescents). But distinctions can also be made on gender of the older person or the younger person and along lines of homosexuality and heterosexuality. This variety suggests we need to be equally discrete in our responses.  There are three continuums of behaviour and attitude which interweave haphazardly. Firstly, there is a continuum of beliefs and attitudes, from the actual violent assaulter at one end to the political paedophile at the other. These can not readily be put in the same class for approval or disapproval. Most people brought before the courts for child abuse are heterosexual men who usually view their girl victims as substitutes for real women. Most activists who court publicity (and risk imprisonment themselves, as happened to Tom O’Carroll of PIE in 1981) have adopted a political identity, which sometimes does not coincide with their actual sexual desires (both NAMBLA and PIE had members interested in older teenagers) but is built around an exaggerated respect for children.  It is not obvious that all people involved in intergenerational sex should be treated in the same way by the law or public opinion if intentions or desires are very distinct.
A second continuum is of sexual practices. Some researchers have found coitus rare. It seems that the great majority of heterosexual paedophilia consists of ‘sex play’, such as looking, showing and fondling, and much homosexual involvement seems to be similar. Tom O’Carroll has suggested that these sexual distinctions should be codified, so that intercourse would be prohibited before a certain minimum age of twelve.  But bisecting these nuances, problematical in themselves, are two other crucial distinctions, between boy partners and girl, and between heterosexual and homosexual relations. There is a strong case for arguing that it is not the sex act in itself which needs to be evaluated, but its context. It is difficult to avoid the justice of the feminist argument that in our culture it is going to be very difficult for a relationship between a heterosexual man and a young girl to be anything but exploitative and threatening, whatever the sexual activity. It is the power asymmetry that has effect. There is still a power imbalance between an adult man and a young boy but it does not carry the socio-sexual implications that a heterosexual relation inevitably does. Should these different types of relation carry the same condemnation?
The third continuum covers the age of the young people involved. There is obviously a qualitative difference between a 3-year-old partner and a 14-year-old and it is difficult to see how any sexual order could ever ignore this (even the PIE proposals, which first sparked off the panic about paedophile cradle snatching in Britain, actually proposed a set of protections for very young children). ‘Sex before eight, or it’s too late’, the reputed slogan of the American René Guyon Society, founded in 1962 to promote intergenerational sex, is not likely to inspire widespread support, because it imposes sex as an imperative just as now our moral guardians would impose innocence. There is a strong case for finding non-legal means of protecting young children, as Tom O’Carroll has suggested, because it is clear that the law has a damaging and stigmatising impact.  But protection of the very young from unwanted attentions will always be necessary. The difficult question is when does protection become stifling paternalism and ‘adult oppression’. Puberty is one obvious landmark, but the difficulty of simply adopting this as a dividing point is that physiological change does not necessarily coincide with social or subjective changes. It is here that it is inescapably necessary to shift focus, to explore the meanings of the sex play for the young people involved.
Kate Millett has powerfully underlined the difficulties of intergenerational sex when adult/child relations are irreducibly exploitative, and pointed to the problems of a paedophile movement which is arguing for the rights of adults. What is our freedom fight about? she asks. ‘Is it about the liberation of children or just having sex with them?’  If a progressive sexual politics is fundamentally concerned with sexual self-determination then it becomes impossible to ignore the evolving self-awareness of the child. That means discouraging the unwelcome imposition of adult meanings and needs on the child, not simply because they are sexual but because they are external and adult. On the other hand, it does mean providing young people with full access to the means of sexual knowledge and protection as it becomes appropriate. There is no magic age for this ‘appropriateness’. Each young person will have their own rhythms, needs and time scale. But the starting point can only be the belief that sex in itself is not an evil or dirty experience. It is not sex that is dangerous but the social relations which shape it. In this context the idea of consent takes on a new meaning. There is a tension in consent theory between the political conservatism of most of its adherents, and the radical voluntarism implicit in it. 50 For the idea of consent ultimately challenges all authority in the name of free self-determination. Certain categories of people have always been deemed incapable of full consent or of refusing ‘consent’—women in marriage, certain children, especially girls, under a certain age, classes of women in rape cases. By extending the idea of consent beyond the narrow limits currently employed in minimum age or age of consent legislation, by making it a positive concept rather than simply a negatively protective or gender-dichotomised one, it may become possible to realize that radical potential again. That would transform the debate about intergenerational sex, shifting the focus away from sex in itself to the forms of power in which it is enmeshed, and the limits these inscribe for the free play of consent. (pp. 223-231)
29. See, for example, Daniel Tsang, ‘Struggling Against Racism’ in Tsang (ed.), The Age Taboo, pp. 161-2.
30. Ibid., p. 8. There are plentiful examples of the automatic association made between male homosexuality and child molesting. In the year I write this, 1983, there has been a rich crop of them in Britain, with the low point being reached in the Brighton rape case, August 1983, where a deplorable assault on a young boy led to a rapacious press attack on the local gay community and legal action against members of the Paedophile Information Exchange, who were in no way connected with the case. The moral panic had found its victims; calm was restored; but the three men who actually assaulted the child were never found.
31. Kinsey et al., Sexual Behavior in the Human Female, p. 117, note 16; Mary Whitehouse, Cleaning-up TV. From Protest to Participation, London, Blandford Press, 1967, and A Most Dangerous Woman?, Tring, Herts, Lion Publishing, 1982; Anita Bryant, The Anita Bryant Story. For general commentaries on events see the articles in Tsang, The Age Taboo; Altman, The Homosexualization of America, pp. 198ff; Mitzel, The Boston Sex Scandal, Boston, Glad Day Books, 1980; Tom O’Carroll, Paedophilia: The Radical Case, London, Peter Owen, 1980, ch. 12; Ken Plummer, ‘Images of Paedophilia’ in M. Cook and G.D. Wilson (eds), Love and Attraction: An International Conference, Oxford, Pergamon, 1979; Major events included the Revere ‘Sex Scandal’ in Boston, the raid on Body Politic following its publication of the article ‘Men Loving Boys Loving Men’ in Dec. 1977; the ‘kiddie porn’ panic of 1977; the trial of Tom O’Carroll and others in England for conspiracy to corrupt public morals in 1981.
32. Pat Califia, ‘The Age of Consent; An Issue and its Effects on the Gay Movement’, The Advocate, 30 October 1980, p. 17. See also Florence Rush, ‘Child Pornography’ in Lederer (ed.), Take Back the Night, pp. 71-81; Illinois Legislative Investigating Commission, Sexual Exploitation of Children, Chicago, The Commission, 1980 (see further references in Tsang, op. cit., pp. 169-70); and on similar events in Britain Whitehouse, A Most Dangerous Woman?, ch. 13, ‘Kiddie Porn’, pp. 146ff.
33. Roger Scruton, The Times (London), 13 September 1983.
34. Kinsey et al., Sexual Behavior in the Human Female, p. 121.
35. Interview by Guy Hocquenghem with David Thorstad in Semiotext(e) Special: Large Type Series: Loving Boys, Summer 1980, p. 34; Tom O’Carroll, Paedophilia, p. 153.
36. See, for example, ‘“Lesbians Rising” Editors Speak Out’ in Tsang, op. cit., pp. 125-32; Stevi Jackson, Childhood and Sexuality, Oxford, Basil Blackwell, 1982, ch. 9. See also, Elizabeth Wilson’s comments on the debate about proposals to lower the age of consent in England in What is to be Done about Violence against Women? p. 205.
37. Theo Sandfort, The Sexual Aspects of Paedophile Relations: The Experience of Twenty-Five Boys, Amsterdam, Pan/Spartacus, 1982, p. 81.
38. Kenneth Plummer, ‘The Paedophile’s Progress’ in Brian Taylor (ed.), Perspectives on Paedophilia. See J.Z. Eglinton, Greek Love, London, Neville Spearman, 1971 for a classic statement of the first legitimation, and O’Carroll, Paedophilia, especially chs 2 and 5 for the second.
39. For an overview of these stereotypes (and the facts which rebut them) to which I am very much indebted, see Plummer, ‘Images of Paedophilia’.
40. Glenn D. Wilson and David N. Cox, The Child-Lovers. A Study of Paedophiles in Society, London and Boston, Peter Owen, 1983; Peter Righton, ch. 2: ‘The Adult’ in Taylor, Perspectives in Paedophilia; Parker Rossman, Sexual Experiences between Men and Boys, London, Maurice Temple Smith, 1976.
41. Tom Reeves, ‘Loving Boys’ in Tsang, op. cit., p. 27; the age range given on p. 29. On PIE members’ interests see Cox and Wilson, op. cit., ch. II.
42. Krafft-Ebing, Psychopathia Sexualis, p. 552: ‘By violation of sexually immature individuals, the jurist understands all the possible immoral acts with persons under fourteen years of age that are not comprehended in the term “rape”.’
43. On paedophilia as abuse see Florence Rush, The Best Kept Secret: Sexual Abuse of Children, Englewood Cliffs, N.J., Prentice-Hall, 1980; Robert L. Geiser, Hidden Victims: The Sexual Abuse of Children, Boston, Beacon Press, 1979. For alternative opinions: Sandford, op. cit., pp. 49ff; cf. Morris Fraser, ch. 3, ‘The Child’ and Graham E. Powell and A.J. Chalkley, ch. 4, ‘The Effects of paedophile attention on the child’ in Taylor (ed.), Perspectives on Paedophilia.
44. See interview with the then 15-year-old Mark Moffat in Semiotext(e), loc. cit, p. 10; cf. Tom Reeves’s account of being cruised by two 14-year-olds in Tsang, op. cit., p. 30; and O’Carroll, ch. 4, ‘Paedophilia in Action’ in Paedophilia.
45. Taylor (ed.), Perspectives on Paedophilia, ‘Introduction’, p. xiii. In the rest of the discussion I shall, however use the term ‘paedophile’ to cover all categories as this is the phrase adopted most widely as a political description: ‘Boy lover’ is specific, but exclusive.
46. On offences see P.H. Gebhard, J.H. Gagnon, W.B. Pomeroy and C.V. Christenson, Sex Offenders, New York, Harper & Row, 1965; J. Gagnon, ‘Female child victims of sex offences’, Social Problems, no. 13, 1965, pp. 116-92. On identity questions see Plummer, ‘The paedophile’s progress’.
47. O’Carroll, Paedophilia, pp. 120, 118.
48. Ibid., ch. 6, ‘Towards more Sensible Laws’, which examines various proposals, from Israel to Holland, for minimising the harmful intervention of the law; compare Speijer Committee, The Speijer Report, advice to the Netherlands Council of Health concerning homosexual relations with minors, English Translation, London, Sexual Law Reform Society, n.d.
49. Interview with Kate Millett by Mark Blasius in Semiotext(e) Special, loc. cit, p. 38 (also printed in Tsang (ed.), op. cit.).
50. Carole Pateman, ‘Women and Consent’, Political Theory, vol. 8, no. 2, May 1980, pp. 149-68.
Jeffrey Weeks, Sexuality, third edition (London & New York: Routledge, 2010; first edition 1986)
4. The limits of consent: paedophilia
The power relations that sex can involve are most dramatically illustrated by the question of sex between the generations, or paedophilia. Few topics arouse such fear and anxiety in contemporary societies. The ‘paedophile’ has become a symbol of predatory evil, a synonym indeed not only for child abuser but also in many cases for child abductor and even murderer. The peculiar horror invoked by the abuse of innocence, by the imposition of adult desires on the vulnerable, powerless child, speaks for a culture that is profoundly anxious about the boundaries and differences between adults and children, and has become increasingly concerned with protecting the young as long as possible. Yet this has not always been the case.
In the late nineteenth century paedophilia was lauded by some for its pedagogic possibilities – the so-called Greek love justification: in the passage from childhood dependence to adult responsibility, guidance, sexual and moral, of a caring man can be invaluable, it was argued. It was further legitimated in the twentieth century by the supposed facts of childhood sexuality: sexology itself has revealed the wide extent of childhood sexual potentiality including the existence of infantile masturbation. If something is so natural, and omnipresent, should it be as rigidly controlled as childhood sexuality is today? And again, if it is natural, then surely it cannot be harmful even if it takes place with adults. As Tom O’Carroll, a militant supporter of inter-generational sex (who ended up in prison for his pains) wrote ‘. . . there is no need whatever for a child to know “the consequences” of engaging in harmless sex play, simply because it is exactly that: harmless’. 
For the vast majority of the population this is not harmless play, it is simply child sex abuse. It involves powerful adults using their experience and wiles to gain satisfaction from exploiting children. The growing sensitivity to abuse is the result of long campaigns, often led in Western countries by feminists, or by campaigners who experienced abuse themselves. This has become a global phenomenon, with international campaigns to end the traffic in children and the worst abuses of sex tourism. This without doubt marks an advance in society’s awareness of the reality of exploitation, and the power of adults over children. Yet there is something rather odd in the ways in which various late modern societies, from Australia to Europe to the USA, have focused on the figure of the anonymous paedophile rather than on the hard reality that most abuse of children is carried out by a close relative or family friend, or perhaps by a priest, as a wave of scandals from the UK and Ireland to Australia and the USA has recently underscored. 
Despite, or perhaps because of, the emotiveness of the issue, it is important to be as rational and dispassionate as possible in looking at what is involved. Age is an ambiguous marker. Is there an ideal age at which consent becomes free, rather than abusive, and a relationship becomes consensual, rather than coercive? Certainly the vast majority of us could agree that it should not be 3 or 8, but what about 12 or 14 or 15 which are the ages of consent in various European countries? Laws vary enormously, and sometimes affect boys and girls quite differently. Brian Taylor has pointed to the existence of eight possible subcategories of inter-generational sex, depending on the age of those involved, the distinction of gender, the nature of the sexual proclivity, and the interaction of all three (Taylor 1981). This suggests that there are paedophilias, not a single paedophilia, and the social response should be sensitive to these distinctions, even as it focuses rightly on protecting the young and vulnerable. (pp. 95-97)
6 O’Carroll (1980: 153). For the various legitimations offered, see the discussion in Plummer (1981).
7 There is an excellent debate on the implications of the early twenty-first century anxiety about paedophilia in Loseke et al. (2003). For feminist perspectives, see Reavey and Warner (2003).
Jeffrey Weeks, The World We Have Won: The Remaking of Erotic and Intimate Life (London & New York: Routledge, 2007)
‘Through stories – of desire and love, of hope and mundane reality, of excitement and disappointment – told to willing listeners in communities of meaning, people imagine and reimagine who and what they are, what they want to become (Plummer 1995 [Plummer, K. (1995) Telling Sexual Stories: Power, Change and Social Worlds, London: Routledge], 2003 [Plummer, K. (2003) Intimate Citizenship: Private Decisions and Public Dialogues, Seattle: University of Washington Press]). Of course, all this does not mean that anything goes. It is noticeable that as some barriers to speaking are removed or redefined new ones are erected. Paedophilia began to speak its name in the 1970s, but has been redefined as child abuse and trebly execrated in the 2000s.’ (p. 10)
‘The age of consent may be an ambiguous barrier for young people themselves but it is a fraught one for many adults, usually men. The age of consent itself is constructed in terms of protection of young girls, and it assumes male agency (Waites 2005a [Waites, M. (2005a) The Age of Consent: Young People, Sexuality and Citizenship, Basingstoke and New York: Palgrave Macmillan]). But the growing awareness of the extent of child sex abuse poses wider questions about the power relations between adults and children (see Reavey and Warner 2003 [Reavey, P. and Warner, S. (eds) (2003) New Feminist Stories of Child Sexual Abuse: Sexual Scripts and Dangerous Dialogues, London and New York, Routledge]; O’Connel Davidson 2005 [O’Connell Davidson, J. (2005) Children in the Global Sex Trade, Cambridge: Polity Press]). The government has responded to widespread anxieties about breach of trust on the part of adults by attempting to write into law notions of protection that should operate in certain types of adult child relationships, such as teaching (Bainham and Brooks-Gordon 2004 [‘Reforming the Law on Sexual offences’, in Brooks-Gordon, B., Gelsthorpe, L., Johnson, M. and Bainham, A. (eds) (2004) Sexuality Repositioned: Diversity and the Law, Oxford, and Portland, OR: Hart Publishing, pp. 291-296]; Epstein et al. 2004 [Epstein, D., Johnson, R. and Steinberg. D.L. (2004) ‘Thrice Told Tales: Modernising Sexualities in the Age of Consent’ in Steinberg, D.L. and Johnson, R. (eds) (2004) Blairism and the War of Persuasion: Labour’s Passive Revolution, London: Lawrence & Wishart, pp. 96-113). These have the habit of all attempts at redrawing boundaries of becoming fiery touchstone issues, as the Secretary of State for Education and Skills, Ruth Kelly, found out in early 2006. The discovery by the press that there were teachers in schools who had previously been accused of abusing children threatened to engulf her and end her career, though she could realistically have had very little knowledge of how her civil servants operated the register of offenders (Doward 2006a:8-9; [Doward, J. (2006a), ‘Sex Scandal that Engulfed Kelly’, Observer, 15 January, pp. 8-9] see also Aaronovitch 2006: 21) [Aaronovitch, D. (2006), ‘The Paedophile Panic: Why We Have Reached Half Way to Bonkers Island’, The Times, 12 January, 21] Behaviours which were once regarded as natural and even healthy (childhood nudity, for example) have become fraught with menace, as parents and carers have discovered when their holiday photographs of naked children playing on the beach have been processed, and police summoned.
Many of these anxieties had been brought to the surface following the murder of the 8-year-old Sarah Payne in summer 2000. The News of the World’s campaign, in response to this, of naming and shaming alleged paedophiles, in turn stimulated a local vigilante campaign led by mothers on the Paulsgrove housing estate in Hampshire (Bell 2003: 108-28 [Bell, V. (2003), ‘The Vigilantt(e) Parent and the Paedophile: The News of the World Campaign 2000 and the Contemporary Governmentality of Child Sex Abuse’’, in Reavey and Warner 2003, pp. 108-28]). This raised in turn a number of crucial issues: the role of the press in stirring up moral panic, the role of class in configuring the response to the working-class mothers’ action, the role of women in confronting an alleged lack of communication from the state, and the role of the state itself in responding to acute anxiety, ignorance and fear. But as important was the shift in the perception of sexual risk and the management of risk that was taking place. As Rose (1999: 206) [Rose, N. (1999), Governing the Soul: The Shaping of the Private Self (2nd edn), London and New York: Free Associations Books] points out, outrage at the neglect of abuse emerged most strongly from the very group in society that was once deemed most likely to abuse children – the working class itself. And in practice, of course, the vast majority of cases of abuse take place within families or are by someone known to the child. Yet the anger focused on the dangerous stranger, the paedophile, bearer of a particular psychopathology and history, completely detached from the family. A similar process has been at work in relation to so-called paedophile priests in the Roman Catholic Church. A scandal that the church had long hidden, it raised crucial questions about the religious calling, church discipline, priestly celibacy and simple trust. Yet in the church’s eyes it became less about abuse than about Catholic attitudes towards homosexuality, gay priests and the like. When in 2006 a new Pope sought to ban gays from taking up the priesthood, it was widely seen as a response to the paedophile scandal (Loseka 2003: 13 [‘”We hold these Truths to be Self-evident”: Problems in Pondering the Paedophile Priest problem’, Sexualities 6 (1), February, 6-14]). Anxiety has become individualized, thus expunging the most dangerous sites for the production of abuse, the home, the local community, and it appears the Catholic church, from the story. (pp. 153-154)
The Scotsman, March 25th, 1988
Alastair Dalton, ‘Brand loses job fight over views on child sex’
THE controversial academic Chris Brand, sacked by Edinburgh University for promoting his views on paedophilia, yesterday lost his appeal against his dismissal.
The independent QC asked by the university to hear the appeal agreed that the psychology lecturer’s behaviour had amounted to gross misconduct and ruled that his dismissal could not be said to have been improper or inappropriate.
Mr Brand, 54, last night described the university’s actions as “treacherous”, but refused to say whether he planned to take his case to an industrial tribunal or the courts.
He was dismissed for gross misconduct last August by the university principal, Professor Sir Stewart Sutherland, after he published on the Internet his view that consensual sex between adults and children was acceptable as long as the child was intelligent.
Mr Brand had previously caused a storm after his 1996 book, The g Factor, claimed there was genetic proof black people had lower IQs than white people. It prompted students to disrupt his lectures and the book was withdrawn by the publisher. The university found no grounds for disciplinary action against him then, although the principal described his views as “obnoxious”.
Gordon Coutts, QC, who conducted Mr Brand’s two-day appeal hearing last week, stated : “The appeal fails. I reject all the revised amended grounds of appeal. I find that the appeal does not raise any question of academic freedom.”
He added: “In pursuit of his objectives, he (Mr Brand) set out to promote controversy. In that he succeeded but cannot now complain if the effect of his behaviour has been to render his continued employment by the university impossible.
“The principal of the university did not dismiss him for views he held; he was dismissed because it was established that his behaviour made it impossible for him to work within a university department.”
Sir Stewart said yesterday he was “naturally content” that “an independent legal expert has endorsed in the clearest possible terms” the findings of the university’s disciplinary tribunal and his subsequent decision to sack Mr Brand.
He said: “I would repeat that it is for aspects of his conduct, not his opinions, that Mr Brand has been dismissed. Mr Brand has again, in recent months, been reported in the press as alleging this process was an attack on academic freedom, though this was not argued by his counsel at the appeal hearing. It has not and never has been such an attack, as independently confirmed by the appeal decision.
“Neither I nor my colleagues at this university have sought in any way to censor Mr Brand’s researched conclusions, on ethnic background and intelligence, for example.
“But it was made clear to him, well before he publicised views on paedophilia, that he also had responsibilities to act with care, whether in a departmental, teaching or wider situation – advice which he apparently chose to ignore.”
Mr Brand condemned the university. He said: “Their behaviour has been shameful.
They have been treacherous to their own academic staff and a disgrace to academia.”
Mr Brand, a former prison service psychologist, had stated on his web site: “Academic studies and my own experience as a choirboy suggest that non-violent paedophilia with a consenting partner over 12 does no harm so long as the paedophiles and their partners are of above-average intelligence and educational level.”
He was suspended in November 1996 and a three-member disciplinary tribunal was appointed the following April to consider the charges against him.
The tribunal ruled that Mr Brand had compromised his position, and his teaching had fallen below the standards expected of him. It further ruled that the university’s reputation had not been damaged by Mr Brand’s publications on the Internet, but a disciplinary offence had been committed.
Mr Brand, a London-born father of three, had been at Edinburgh University since 1970.
Last night Nicola Owen, convener of the Anti-Nazi League Society at Edinburgh University, said: “It’s wonderful news.
It vindicates all the students who fought to get Mr Brand removed from the university.”