|
Post by lighthorseman on Nov 10, 2011 21:55:36 GMT -5
I agree that all the links in the chain of ACTUAL child pornography, from producers to consumers, should be prosecuted, and treated quite firmly.
However, images of child pornography that don't actually involve the exploitation of an actual child (e.g. CGI, paintings, drawings, fictional erotica) should not only be legal, but to my thinking, fall clearly under the aegis of protected speech. Not to mention that, as discussed previously, such material has been shown to lessen the incidence of assault of actual children, which is kind of the point of the exercise, one would think.
But, as long as peadophiles remain an acceptible "other" for people to hate, rather than just another group of fetishists with a taste for things that are illegal, were they to be acted upon, don't expect anything to change. There are more votes in locking away a paedophile for life than there are in legalising specialist pornography for his use.
|
|
|
Post by nightangel1282 on Nov 10, 2011 22:11:42 GMT -5
If you molest a child, then you're sent to prison for six months to a year, and that's only if the sentence isn't reduced to something like community service. Sexual battery by someone over 18 on someone younger than 12 is a capital felony, which would lead to life without parole. (Technically, it is death eligible, but that sentence is only used in murder cases.) Using a deadly weapon while committing sexual battery on someone 12 or older is a life felony, meaning not less than 30 years. Sexual battery on someone 12 or older without a deadly weapon, but using coersion, mind-altering drugs, or when the victim is helpless to resist, is a first degree felony, meaning up to 30 years. Under FL sentencing guidelines, the minimum is 48 months. Sexual battery on someone 12 or older without the above additions is a second degree felony, meaning not more than 15 years. Under FL sentencing guidelines, minimum time is 34 months. (Sentencing guidelines also take into account things such as other charges, prior convictions, victim injury, and other circumstances, like use of a firearm or domestic violence in the presence of a child. The numbers I gave above are for the charge alone, without adding other circumstances. Actual minimum sentence would likely be longer.) I was molested by four separate people between the ages of 3 and 12, and not a single one of them got ANY jail time. I was drugged and raped when I was seventeen... again... no jail time. The problem is a lot of the time a child can't even PROVE what happened. I was fucking accused of looking for ATTENTION by some of the law enforcement! Say what you will, but I will stand by what I said earlier. And the justice system when it comes to paedophiles, is a joke.
|
|
|
Post by John E on Nov 10, 2011 22:15:19 GMT -5
What he (LHM) said.
Also, we (as a society) need to get over the idea that nudity=porn. There's nothing wrong with nude photos, even of children, as long as there's nothing sexual going on in them. Yet we often treat such photos as if they're porn even to the point of prosecution. They're not.
|
|
|
Post by lighthorseman on Nov 10, 2011 22:18:33 GMT -5
What he (LHM) said. Also, we (as a society) need to get over the idea that nudity=porn. There's nothing wrong with nude photos, even of children, as long as there's nothing sexual going on in them. Yet we often treat such photos as if they're porn even to the point of prosecution. They're not. YES! Nudity does not equal porn (or sexuality). This seems to be more of an English speaking mindset, and its bloody awful. (In other news, John, you see the Starbucks mermaid I left you in NSFW?)
|
|
|
Post by Kit Walker on Nov 10, 2011 22:29:50 GMT -5
So long as pedophilia is treated not as mental illness but as monstrous evil dredged up from the depths of the nearest Hell Dimension, there isn't room for rationality in the laws. Which is unfortunate.
|
|
|
Post by Shane for Wax on Nov 11, 2011 0:39:52 GMT -5
And if that's the case, how many of them were even of humans? Huh? I think Zachski is referring to 'cub art' or, baby furry lolita type stuff.
|
|
|
Post by sylvana on Nov 11, 2011 2:05:10 GMT -5
So long as pedophilia is treated not as mental illness but as monstrous evil dredged up from the depths of the nearest Hell Dimension, there isn't room for rationality in the laws. Which is unfortunate. This is pretty much the problem. A pedophile needs psychiatric and psychological help far more than they need prison time. The worst thing about it all is that most child molesters are not even pedophiles to begin with. I agree that the law enforcement of child molestation is treated pathetically, but then law enforcement of rape in general is treated rather poorly. I will state though that an image of a naked child (drawn or photo) is not in my books child pornography. Personally I think the only thing that really even classifies is video or photo evidence of actual child molestation. (small side note: Having photos of women being raped is actually a crime as it is seen as withholding evidence from the police. The problem is that in the porn industry there will be many fake rape images because rape fantasies exist. As such, the chance of a rape photo being a real rape photo is very slim. )
|
|
|
Post by Art Vandelay on Nov 11, 2011 2:12:06 GMT -5
So long as pedophilia is treated not as mental illness but as monstrous evil dredged up from the depths of the nearest Hell Dimension, there isn't room for rationality in the laws. Which is unfortunate. This is pretty much the problem. A pedophile needs psychiatric and psychological help far more than they need prison time. What would psychiatric/physiological help achieve? Paedophilia is simply a fetish, unless there's some recent development I missed, fetishes can't be altered.
|
|
|
Post by ltfred on Nov 11, 2011 2:36:59 GMT -5
Sexual battery by someone over 18 on someone younger than 12 is a capital felony, which would lead to life without parole. (Technically, it is death eligible, but that sentence is only used in murder cases.) Using a deadly weapon while committing sexual battery on someone 12 or older is a life felony, meaning not less than 30 years. Sexual battery on someone 12 or older without a deadly weapon, but using coersion, mind-altering drugs, or when the victim is helpless to resist, is a first degree felony, meaning up to 30 years. Under FL sentencing guidelines, the minimum is 48 months. Sexual battery on someone 12 or older without the above additions is a second degree felony, meaning not more than 15 years. Under FL sentencing guidelines, minimum time is 34 months. (Sentencing guidelines also take into account things such as other charges, prior convictions, victim injury, and other circumstances, like use of a firearm or domestic violence in the presence of a child. The numbers I gave above are for the charge alone, without adding other circumstances. Actual minimum sentence would likely be longer.) I was molested by four separate people between the ages of 3 and 12, and not a single one of them got ANY jail time. I was drugged and raped when I was seventeen... again... no jail time. That's... unbelievably bad. NO jail time? NONE. How can that even happen? That's extremely common in adult rape cases. If the woman can be in any way deemed to be slightly responsible, that can get exoneration. In no other crime is that the case. Was this prior to the adoption of DNA as a conviction tool? Because DNA is now often used to clinch these kins of cases.
|
|
|
Post by Bluefinger on Nov 11, 2011 3:28:52 GMT -5
This is pretty much the problem. A pedophile needs psychiatric and psychological help far more than they need prison time. What would psychiatric/physiological help achieve? Paedophilia is simply a fetish, unless there's some recent development I missed, fetishes can't be altered. Also, there are a lot of fetishes which, if acted upon for real, would cause great harm for one or both of the parties involved. A lot of people with said fetishes are quite capable from refraining on acting upon them and for the most part, simulating it via roleplay and/or virtual material (porn). Unfortunately, because of the incredibly heavy stigma involved with paedophilia, it is near impossible to know just how many people actually possess the fetish. They may never even go out of their way to get the porn or ever think of actually acting upon a child. Most people with a fetish don't just go act upon it on another person without consent, and I assume it is no different for paedophiles. The ones that do have other issues which create a bad bad situation that isn't exclusive to child molesters. Most straight guys don't rape women, even though the opposite sex is the main focus of their attractions. Why should we assume this is different for other sexual attractions/fetishes?
|
|
|
Post by nightangel1282 on Nov 11, 2011 13:28:53 GMT -5
I was molested by four separate people between the ages of 3 and 12, and not a single one of them got ANY jail time. I was drugged and raped when I was seventeen... again... no jail time. That's... unbelievably bad. NO jail time? NONE. How can that even happen? That's extremely common in adult rape cases. If the woman can be in any way deemed to be slightly responsible, that can get exoneration. In no other crime is that the case. Was this prior to the adoption of DNA as a conviction tool? Because DNA is now often used to clinch these kins of cases. In the first four cases, two of them were babysitters, one was my brother, and the other was one of my uncles. There was no actual rape, just very... VERY inappropriate touching and... coercion. (Don't really wanna get into any details, thanks...) Anyway, there was no actual physical evidence they could have gathered from the first four cases, so it just wound up being a crap situation that didn't even go anywhere. Though my father got rid of the babysitters, gave my brother a lecture and belting, and we didn't have contact with that uncle for over ten years until he stopped drinking and drugging and sincerely apologized for his past actions. Even now we don't see him too much, just at holidays and I don't really talk to him so... And with the rape when I was seventeen... It was with someone that I considered to be my best friend, but that my family didn't really approve of my hanging around with. After it happened I was too ashamed to say anything until my sister got me drunk and I broke down. Of course, sis told everyone else, and the next few days were spent going to doctors and lawyers. Whatever he used on me was no longer in my system, and due to that, a lawyer said there would be no way to PROVE exactly what happened, and that all they would be able to nail him for would be providing alcohol to a minor, and the chances were slim even THAT would stick. So... yeah, that one didn't even make it to court. Again, Daddy got rid of him though. The Dumbfuck came over on the first day of school before I was going to leave, and my father went out there to talk to him. He pretty much told him that if he ever came near me or ANYBODY in our family again, my dad would take his 12 guage and blow his fucking head off. The asshole tried contacting me ONCE more after that, and I haven't seen him since. Oh, and it gets better. The man in question was 25 years older than me. I met him when I was 12. After the incident, several people in the AA program saw this Fuckface hanging around with a girl who looked like she was only 13 or 14 years old.
|
|
|
Post by Dragon Zachski on Nov 11, 2011 15:02:15 GMT -5
My mother was molested by her babysitters (primarily the FEMALE babysitter) when she was young. When she tried to tell her mother about it, her mother went and asked the babysitter (seriously?) and when the baby sitter denied it, my mother got punished "for lying" (which meant being spanked with a belt) The doctors even did everything they could to dismiss the physical evidence that was actually there. "Sharing washcloths" my arse.
Oh, and to this day, they do not acknowledge that it ever happened.
|
|
|
Post by VirtualStranger on Nov 11, 2011 15:07:04 GMT -5
My mother was molested by her babysitters (primarily the FEMALE babysitter) when she was young. When she tried to tell her mother about it, her mother went and asked the babysitter (seriously?) and when the baby sitter denied it, my mother got punished "for lying" (which meant being spanked with a belt) The doctors even did everything they could to dismiss the physical evidence that was actually there. "Sharing washcloths" my arse. Oh, and to this day, they do not acknowledge that it ever happened. How exactly does someone gather physical evidence for female-on-female rape? I'm not entirely sure how that works.
|
|
|
Post by nightangel1282 on Nov 11, 2011 15:18:00 GMT -5
My mother was molested by her babysitters (primarily the FEMALE babysitter) when she was young. When she tried to tell her mother about it, her mother went and asked the babysitter (seriously?) and when the baby sitter denied it, my mother got punished "for lying" (which meant being spanked with a belt) The doctors even did everything they could to dismiss the physical evidence that was actually there. "Sharing washcloths" my arse. Oh, and to this day, they do not acknowledge that it ever happened. How exactly does someone gather physical evidence for female-on-female rape? I'm not entirely sure how that works. Well, I guess if licking is involved, they can get saliva samples so long as the victim doesn't wash the evidence off first... Another problem that fucks up rape cases.
|
|
|
Post by Dragon Zachski on Nov 11, 2011 15:19:30 GMT -5
My mother was molested by her babysitters (primarily the FEMALE babysitter) when she was young. When she tried to tell her mother about it, her mother went and asked the babysitter (seriously?) and when the baby sitter denied it, my mother got punished "for lying" (which meant being spanked with a belt) The doctors even did everything they could to dismiss the physical evidence that was actually there. "Sharing washcloths" my arse. Oh, and to this day, they do not acknowledge that it ever happened. How exactly does someone gather physical evidence for female-on-female rape? I'm not entirely sure how that works. STD. Somehow.
|
|