Men Who Harm Others via Public Masturbation

When I was in law school 33 years ago, I went for my daily run through a wooded area that ended in a large parking lot. A young guy called out from his car, stating that he needed directions. The situation felt wrong to me. I went over anyway. When I got to his car, he was fully exposed and masturbating. His cruel and lurid grin returned to me when similar accounts were recently reported in the news.

In less than 30 minutes, my legal research shows that this behavior has been going on for many decades. It is criminal. It also reflects a mental disorder.

Here are two brief excerpts that may shed a bit more light on this difficult topic:

Medical Analysis

“Dr. Rath testified that ‘paraphilias’ are a family of diagnoses that include objects and situations a person might find sexually arousing and that are deviant or different from the norm. The word ‘paraphilia’ literally means ‘the love of that which is beyond normal.’”

…

“Dr. Zinik explained that a paraphilia can be treated but not cured. ‘[Paraphilias]’ can be controlled. You can develop the skills and the tools— you can learn the tools and learn the skills that you need to control those feelings and prevent relapse and prevent acting out again on those feelings, but the feelings are not going to change.”

In “OSPD Non–Consent” ... “the sexual interest is in the imposition of sexual activity on another person, whose behavior clearly signals that they don't want sex to happen”. This involves “struggle and resisting” by the victim who is seen to “loathe strongly” and experience “psychological suffering.” OSPD Non–Consent meets the definition of a paraphilia under the DSM–5 because a paraphilia can include a sexual interest with an other than consenting adult partner.

Legal Analysis

At the low end, these actions are prosecuted under public lewdness statutes. Many types of public masturbation cases have far worse elements, including rape (some with murder).

As it does in so many other ways, Hollywood and TV are opening our eyes to matters that have been just beyond our public domain of shared stories and experiences.