It depends on where you live. In Germany, forced arbitration in general TOS is invalid and has to be separately negotiated and agreed to. In general, what you can put into your TOS is pretty restricted, anything you put in there that a consumer wouldn’t reasonably expect is not gonna be legally binding.
Don’t know if this is the case here, but the word pedophile refers to someone who is sexually attracted to children, and rapists don’t necessarily have to be attracted to their victims. There can be other motivations at play. So yeah, it’s possible that someone raping a child is not actually a pedophile. Doesn’t make it any less disgusting of course, and I have no clue why anyone thought “but he’s not a pedo” would be a reasonable argument here