2012-09-19, 01:27 | Link #1 | |
Moving in circles
Join Date: Apr 2006
Location: Singapore
Age: 49
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What Constitutes Child Pornography?
Since we're on the topic of adult entertainment...
Pressure grows in Japan for stronger laws against child pornography Quote:
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2012-09-19, 01:38 | Link #2 |
Banned
Join Date: Nov 2010
Location: Dai Korai Teikoku
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And so conservative Kyoto continues to be on the frontlines. It's one of, if not the, earliest prefectures to have a universal age of consent of 18 (most prefectures only limit age of consent with major-minor relations), and in general has show much tougher tendencies than the rest of Kinki (especially when compared to Osaka).
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2012-09-19, 04:55 | Link #3 | |
NYAAAAHAAANNNNN~
Join Date: Nov 2007
Age: 35
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Sex always sells. It depends on how it is being portrayed to suit general tastes. Rather than adding one law after another, isn't it time to revamp the system of public education for the youth?
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2012-09-19, 05:15 | Link #4 | |
Banned
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If one person just shouts... the chances are either the other will listen or just cover their ears.. |
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2012-09-19, 05:21 | Link #5 | |
Senior Member
Join Date: Feb 2007
Location: قلوب المؤمنين
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Last edited by Ridwan; 2012-09-19 at 05:45. |
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2012-09-19, 07:17 | Link #6 | |||
Moving in circles
Join Date: Apr 2006
Location: Singapore
Age: 49
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Let's address the elephant in the room: Is child pornography desirable? What qualifies as child pornography? Should we care that demand for child pornography is rising rapidly in Japan, as the police claim? |
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2012-09-19, 08:28 | Link #8 | |
AS Oji-kun
Join Date: Nov 2006
Age: 74
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Possession is a more complex matter. People who purchase such materials or obtain them by other means all contribute to the exploitation of the children depicted. However, simply throwing these people into jail for some period of time ignores the deeper psychological issues involved. I would sentence first offenders to a psychiatric institution for a period of time so they could work with competent professionals to deal with their addiction. After release, the offenders should be monitored closely to see if they have reverted back to their old ways. A second offense should lead to jail time. Pornographic illustrations where no real-life children are involved may actually have a positive effect. They give people who suffer from this psychiatric disorder a fantasy outlet that does not harm any actual child. Criminalization alone will not eliminate the demand for child pornography any more than criminalization of drug possession eliminates the demand for drugs. If people who suffer from pedophilia can substitute drawings or even 3-D animated films to fulfill their psychic needs, that can only be considered a much better outcome than the exploitation of real children. There is, of course, another whole issue about whether people who look at pornographic images of children are more likely to abuse real-life children themselves. I do not know what the literature is on this subject, but I would suggest there probably is not a strong correlation between looking and actual abuse. Also as a law enforcement issue, it is much easier to crack down on the possessors than on the producers, but it is the latter group that should be primary focus of law enforcement. Even if possessors indirectly contribute to real child abuse, it's the producers themselves who are guilty of actual abuse and should be brought to justice. One other entire category of actions that definitely need to be decriminalized is what has come to be known in the States as "sexting." Charging a fifteen-year-old boy with felony possession of child pornography because he has a picture of his girlfriend's tits on his cell phone is a horrible idea. The girl could be charged with the even worse crime of distribution. Not only will these kids have a felony record, but they will be placed on a registry of sex offenders, a fact that will plague them for the rest of their lives. In Miami, people who had served time for sex offenses once lived in a large encampment under a bridge because registered offenders in that city may not live within 2,500 feet of anywhere children gather. That includes much more than schools and playgrounds; it encompasses places like shopping malls as well. Now apply that logic to our fifteen-year-old sexters. Is that how we want to treat adolescents who engage in adolescent behavior?
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Last edited by SeijiSensei; 2012-09-19 at 08:43. |
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2012-09-19, 08:57 | Link #9 | |
Nyaaan~~
Join Date: Feb 2006
Age: 40
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I think this is quite an interesting topic. I thought I'd provide this tidbit from Canada:
Age of consent is 16. This was raised from 14 on May 1, 2008. There is however a second age of consent of 18 where the sexual activity "exploits" the young person -- Quote:
Here's an excellent article on it: http://chnm.gmu.edu/cyh/teaching-modules/230 |
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2012-09-19, 09:15 | Link #10 |
Senior Member
Join Date: Aug 2007
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I agree with SeijiSensei when we are talking about child pornography we need to distinguish between the real stuff (illegal & tough punishment should be issued) and drawings.
Now I don't like drawings that depict child porn (difference between the real stuff). I find it disturbing myself but I also dont think any crime is being committed and I think it's a waste of time to protect drawings. Then again I am against obscene laws in general unless you can prove the obscenity is hurting someone else.
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2012-09-19, 09:19 | Link #11 |
Obey the Darkly Cute ...
Author
Join Date: Dec 2005
Location: On the whole, I'd rather be in Kyoto ...
Age: 66
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As far as I'm concerned, there's a real question of sanity when someone starts wanting to ban ink and paper to protect imaginary children. Think of all the cartoon characters who have been killed or brutalized over the years. Poor Wile. E. Coyote!
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2012-09-19, 09:24 | Link #12 | |
AS Oji-kun
Join Date: Nov 2006
Age: 74
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I understand the rationale for distinctions like the one in the Canadian statute, but it seems to me to give much too much leeway to prosecutors and judges to decide whether a particular case constitutes exploitation and creates the potential for uneven jurisprudence. The sexting cases provide some good examples. In Florida, two teens were charged with felony child pornography for photographing themselves engaging in an unspecified sex act and emailing the photos to the boy's computer. The sex act itself was not illegal under Florida law, but sending the photographs was. Their convictions were upheld on appeal. In another notorious case, DA George Skumanick threatened to prosecute 19 kids (though only three boys) with felony child pornography if did they not attend some re-education sessions that Skumanick organized. Most of the girls agreed to take the classes and avoid prosecution, but three of the girls' parents sued. Two of them were twelve-year-olds who had sent a photograph of themselves at a slumber party wearing training bras! Another older girl was threatened with prosecution for sending a boy a photo of herself wearing a towel but exposing her naked breasts. DA Skumanick claimed the twelve-year-olds were "posing provocatively" despite their wearing as much in the photo as they might wear at the beach. He actually told parents he would consider prosecuting girls who took photos of themselves in bikinis on similar grounds. These are exactly the type of cases that make ambitious narrow-minded prosecutors lick their lips, especially if they are serving in a conservative area where prosecutions like these might help them get reelected. Luckily the good citizens of Wyoming Country, PA, decided to throw Skumanick out of office at the next election.
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Last edited by SeijiSensei; 2012-09-19 at 10:09. |
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2012-09-19, 09:35 | Link #13 | |
Obey the Darkly Cute ...
Author
Join Date: Dec 2005
Location: On the whole, I'd rather be in Kyoto ...
Age: 66
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2012-09-19, 10:01 | Link #15 | ||
Nyaaan~~
Join Date: Feb 2006
Age: 40
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Just to give you some context, Canada doesn't even have a single constitution document. Our "constitution" is a number of pieces of documents and "traditions", and I quote wikipedia: Quote:
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2012-09-19, 10:13 | Link #16 | |
AS Oji-kun
Join Date: Nov 2006
Age: 74
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Last edited by SeijiSensei; 2012-09-19 at 10:28. |
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2012-09-19, 10:19 | Link #17 | |
Nyaaan~~
Join Date: Feb 2006
Age: 40
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Our system is based on precedents, so your Moosejaw example, would mean the judge there has to make a decision based on all existing case law in Canada. A different interpretation would get appealed to the provincial court of appeal and provincial supreme courts and if it is controversial enough and/or important enough, would be seen before the Supreme Court of Canada. Anything that conflicts with existing precedent would be struck down quite easily. http://en.wikipedia.org/wiki/Law_of_Canada#Criminal_law |
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2012-09-19, 10:33 | Link #18 |
AS Oji-kun
Join Date: Nov 2006
Age: 74
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We've gone pretty far off-topic here in a thread devoted to Japanese culture, for which I am somewhat responsible. Let's go back to discussing TRL's earlier questions about what constitutes child pornography and how it should be dealt with. Or should that become the subject for a separate thread? Moderators, if you would like to split this off, please do so.
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2012-09-19, 10:37 | Link #19 | ||
Nyaaan~~
Join Date: Feb 2006
Age: 40
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2012-09-19, 11:29 | Link #20 |
うるとらぺど
Join Date: Oct 2004
Age: 44
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Does a photograph of a 9 year old girl in a plain one-piece swimsuit sitting down with legs extended constitute Child Pornography in the west ? Because this is as far as some junior idol agencies are willing to go for the models under them in their publications and videos.
From what I can tell those models are just acting out their age and being naturally cute, a far cry from the 1990s where publication featuring actual nudity are circulated round legally. While I can understand the nudity part, it will be harder to convince me that looking at a non-explicit photo of young child paves the road to hell. |
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