Young,unassimilated hispanic offenders: Absolutist vs. relativist cultural assumptions

California State Law §288(a) defines any sexual contact between a person 18 or older with someone under the age of 14 as illegal and punishable by incarceration. Data from the State Department of Justice shows that Young, Unassimilated Hispanic Offenders (YUHO) are arrested for these crimes at rates disproportionately greater than their numbers in the population. Through a review of the pertinent literature and clinical archives, we argue that YUHOs have been acculturated into a sexual morality that violates legally codified American sexual standards. While their sexual behavior is deemed morally deviant and illegal in the United States, this same behavior is not considered morally deviant or illegal within their internalized, home culture. This contrasts with the typical §288(a) offender who is motivated by a sexual perversion. Should the criminal justice system regard YUHOs differently from typical §288(a) offenders? “relativists” suggest that cultural considerations should be taken in the adjudication of these cases. Our preliminary work is to inform and articulate this debate at the crossroads of psychology, anthropology and criminal justice, without advocating either of the above perspectives. We suggest that legislatures did not anticipate the population of YUHO sexual offenders when these laws were written, and argue that YUHOs differ significantly from the typical pedophile for which these statutes were intended.