A Legal and Anthropological Analysis of the Cultural Defense Concerning Fathers who Kissed and Touched Their Sons’ Genitals: Sexual Abuse or “Homage to the Penis of the Child”?

Abstract

TABLE OF CONTENTS: 1. Introduction. – Part I. Legal analysis. – 2. Kissing and touching a child’s penis as sexual abuse. – 2.1. The Italian case law concerning an Albanian immigrant father. – 2.2. The German case law concerning a Bulgarian immigrant father. – 2.3. The United States case law concerning an Afghan immigrant father. – Part II. Anthropological analysis. – 3. Kissing and touching a child’s penis as a cultural practice – 3.1. The “homage to the penis” practice. Definition of the term and scope of application. – 3.2. Physical, emotional, verbal and visual expressions of the “homage to the penis”. – 3.3. Actors, forms and meanings of “homage to the penis” practices. – 4. A brief history of the “homage to the penis” practices in Europe. – 4.1. The ostentatio genitalium in Renaissance art. – 4.2. From “indifferent” to “innocent” childhood. – 5. Current forms of “homage to the penis” practices in Europe. – 5.1. “Homage to the penis” practices in Italy. – 5.2. “Homage to the penis” practices and the gendering of the child among various Roma communities in Europe. – Part III. Anthropology & Law analysis. – 6. Thinking culture in anthropology and law. – 6.1. Cultural defense as a possible tool for contextualizing cultural practices in court. – 6.2. Cultural defense from a critical anthropology of law perspective. – 7. Conclusions