
A Saskatchewan man who wrote sexual stories about children and infants and posted them on the Internet has been sentenced to 15 months in jail...
He pleaded guilty on Jan. 9 to one count of distributing child pornography for posting a dozen stories on a bulletin-board style website called NAMGLA, or North American Man/Girl Love Association, in the summer of 2005.
OK, so here's a tricky one. This guy is going to jail and has to register as a sex criminal for writing stories and posting them on the Internet about having sex with kids. No one wants to encourage pedophilia, but at the same time, this guy didn't actually hurt anyone. Does he deserve to be punished for just writing about something that is considered morally wrong?
Personally, I don't think so. Anymore than folks can prosecuted for any other fiction. Quentin Tarantino would be in deep kimchi, wouldn't he?
Yeah, that's just it...it's fiction. I understand the restriction on photographic child porn, because it actually impacts the kids involved, but this simply doesn't.
Does he deserve to be punished for just writing about something that is considered morally wrong?
I guess all those screenwriters that wrote movies about child molesters, pedophiles etc... should be in prison too then, right? O_o
Next up: the thought police. We're all going to be arrested because we know about the concept of pedophilia. :(
There are a lot of people who have to register for life as sex criminals for even less than this.
Are you thinking of teens who engage in consensual sex with other teens, or did you have something even more innocuous in mind?
In some places, streaking can land you on the registry.
OK, and while I would argue that nekkidness never hurt anybody, it could be argued that streaking exposes those who do not have a choice to something they would not choose to witness. So in that light, streaking still affects others in a way that these stories did not.
That said, being registered as a sex offender for streaking is completely nuts.
So in that light, streaking still affects others in a way that these stories did not.
An easily 400 pound woman walked pass my office yesterday in shorts and a spaghetti strap shirt that were at least 2 sizes too small. I feel pretty sure that had a negative effect on my mental health. And, as most of you know, I'm a fat woman myself. So it's not like I'm dissing a minority I'm not part of.
Clipped to Writing is not a crime.
One could argue that by posting these stories he was able to defer his feelings,
and by writing them felt less compelled to go out and act on these impulses.
On the other hand, stories like these may compell the individual, or spur them on to commit a crime.
It's a prickly subject, thanks for bringing it to light.
-Dave
Thanks, Dave, I forgot about that one.
One could argue that by posting these stories he was able to defer his feelings,
and by writing them felt less compelled to go out and act on these impulses.On the other hand, stories like these may compell the individual, or spur them on to commit a crime.
Yeah, and I know that question is what causes folks to line up on either side of the line in their opinion about this. In the end, though, we can't judge that for others until they actually do something...and then it's the actual act that should be dealt with (and in my opinion, with therapy rather than punishment, but that's just me).
It's a prickly subject
*grin* I can't believe you just did that...
Did what?
The way I see this debate being couched is similar to that of "virtual" child pornography, which includes computer generated content depicting children engaging in sex acts or adults engaged in sex acts that are selected for their youthful appearance and made through costume, makeup, dialogue, etc., to seem as young as possible. Both of these are VERY tricky subjects and I'm not sure I have a good answer.
On the one hand, I can see this sort of material fueling the fire of desire within these sick individuals and I understand the logic of prohibition. On the other hand, a responsible pedophile (I know that seems like an odd term) can use this sort of stuff as an outlet for desires they may recognize as abnormal and wrong (and may even be unwanted).
As Celestina pointed out, nobody was injured during the production of this material, although it may lead to subsequent injury. That being said, I have a hard time stomaching someone going to prison for writing a story of fiction. The movement in the U.S. legal system is to, generally, avoid prosecuting this type of behavior, and, as Justice Kennedy said, "The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it."
"The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it."
Yeah, that seems like the only reasonable tack to take. Otherwise, we get into all kinds of fine distinctions about what "encourages" and what is simply discussion, and exploration of concepts without intent to titillate fits in where...?
I agree with you, Celestina, that we could get into some very difficult distinctions to make, but our courts have tried many times to make just those distinctions. There was Schenk (1919) and its progeny where the Supreme Court stated, "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree." Presumably, sex acts on a child could be construed as an evil of that nature.
Then there was Gitlow (1925), that was even less speech protective, as the language itself was prohibited, not just the evil it may bring about. I am not saying that I agree with either of these opinions and, granted, the best legal minds on the bench at the time had no choice but to concur, due to a legal error limiting their power of review. Later, in Brandenburg (1969), the standard became "advocacy of imminent lawless action," which is getting a bit better. Forgive me, for I am starting to prattle.
I suppose the point I'm trying to make is that, although these distinctions are quite hard to make, our courts have, and will continue to try, to make them and they will throw people in jail that they decide come out on the wrong end of said distinction. If there was crafty enough lawyering and a malleable enough jury, this man could be jailed under any of these so-called standards. Scary stuff.
We'll start burning copies of Lolita, next.
Good point.
Where does that leave Nabakov?
What I mean is, even if you want to prohibit stories which have an pornographic purpose, how do you distinguish them from writing designed to try to understand and explore the subject? And how can we combat something we refuse to understand? That alone should be a good reason not to go down this path - I think if you start censoring free speech it's a slippery slope.
Snap, Holysandal, my thinking exactly (yours posted while I was writing mine)
What is it they say about great minds?
Of course, the same must then be true of not-so-great minds, as well.
Hey, let's go with "great". After all, who is in a position to disagree? ;)
I'll definitely vouch for "great" for y'all.
And how can we combat something we refuse to understand?
Yes, and this is an important point. So much of human understanding relies upon being able to project ourselves, through a well-written story, into the shoes of those we like to think are not like us. If we cannot legally write material which delves into taboo or even illegal activities, how will we fully come to terms with the motivations and feelings that lead to it?
I have no problem with the idea that child sexual abuse is a crime of the same order of magnitude as murder - but we don't for a moment consider banning crime fiction or even "slasher" fiction or movies. Many of the more violent movies are to my mind violence-porn and I won't watch them, but it would seem foolish to ban them... in some cases even the most repulsive are clearly an attempt to understand something psychically shocking. In the same way that the original "Godzilla" movie was an exploration of Hiroshima and Nagasaki by the Japanese.
But I also believe that some screen violence legitimises and encourages violent attitudes. Most of Schwartzenegger's films are a bit like that, for example. I don't like it but I don't see any help in trying to ban it. Which is all a long way from saying I think simulated child porn or simulated snuff movies should be legal.
And... finally (*grin*) even if you are to decide that child porn fiction should be banned - that's a long way from deciding to lock someone up for writing it. Which is a bit like prosecution for a thought-crime, as I see it. Then again we already lock people up for saying to their friends "I'd like to kill the President" even if they have no meaningful plan for achieving that end. So the department of Pre-crime is alive and well...
I guess the canadians are just as wacked out as the americans these days.
So it seems. Actually, in this case, perhaps a little more, as the article doesn't seem to present this as a point of contention there, and I (like to think) that there would still be some debate about it here. That whole "freedom of speech" thing they touted to us all the way through school doesn't get placated easily. Still, pedophilia is a hot topic here, with strong emotional reactions. If anything could get Americans to accept infringement, an issue like this might be it.
I don't really disagree with the general sentiment here .... as a general rule
But, I would guess that this guy was probably a pretty sick fella - and his brother has been previously charged with possessing child pornography .... So while the precedent could lead to some strange future decisions, in this case not so sure.
But agreed it is a tricky situation.
But agreed it is a tricky situation.
It shouldn't be. This guy was convicted of bad thoughts.
Actually, just to play devil's advocate he was not convicted of writing pornography and likely you could not get such a conviction - he was done for distribution of the stories on a website.
I would guess he was mainly convicted because of being extremely creepy - living in an isolated farmhouse with just his mother, cranking out these stories. And his brother was convicted of possession of kiddie porn while a teacher. Brother versus brother in child porn case
Court also heard Jeremy Houston downloaded a sexually explicit story his brother Simon had written and encouraged Simon to write a sequel.
Yuck.
Not saying the eww factor should be enough to send a man to jail, but on the other hand I can see parents in this community leaning very hard on their law enforcers to remove this guy. Frankly, I doubt if we're talking Nabokov-calibre writing here.
It shouldn't be. This guy was convicted of bad thoughts.
Yeah OK. Although it was sharing and distributing these thoughts. Probably, for full perspective, you'd need to know what was in these "thoughts" and were exactly he was distributing them.
Hypothetically: say they are things like gang raping three year olds and he is posting them on a site with photos of similar such acts.
You know, this reminded me of a brouhaha at Livejournal a while back. There are a lot of fanfic communities there. There's a subgenre of fanfic called "slash" . . . Kirk/Spock fanfic started it with fans writing homoerotic and homosexual porn about Kirk and Spock . . . and there are several very active Harry Potter groups. I have a friend who is involved with it and she writes some freaking awesome stuff. Here's an excerpt of an article:
Starting yesterday, Six Apart began mass deletions of user and community journals from high-profile property LiveJournal based on hot-button keywords. Bullied by a snooper group calling themselves "Warriors For Innocence," Six Apart caved to pressure and deleted journals featuring the interests "rape," "incest" and terms that involve child molestation. While this move apparently did shut down a handful of communities geared towards pedophiles, most of the terms were found in (and became cause for permanent suspension of), unrelated others.
Included:
- Rape survivor support groups.
- Incest Survivor support groups.
- Rape, incest, and pedophilia survivors' personal journals.
- Character-based RPG journals.
- A discussion group for the novel Lolita.
This also affects Buffy fans, Teen Titans fans, "Narnia" fans, Trek fans, Firefly fans, and any number of other fandoms where at least one character is under 18 years of age and adult-rated material has been or could be written about them.
I'm guessing we better get our Bibles ready for burning, since there are numerous cases of child rape and sex, from the seduction of Lot by his daughters to the kidnapping of the virgin daughters of invading peoples as sex slaves. ::sigh:: Then there's the ultimate act of pedophilia, the Jewish god getting a 14 engaged woman pregnant.
I neglected to mention, as I was getting ready for work, that LJ reversed itself and these communities are mostly back.
Well, he did post it on a Web site that encourages this behavior, which is different than, say, writing it in your journal.
Also, another reason child porn is bad, even possessing it, is that it creates a market for those who do the harm to the children.
I don't know. I'm all, "First Amendment, yay!" but by U.S. standards, speech that incites crime is not protected.
I am inclined to agree with the majority of comments here, but I, too, am worried about posting this stuff on the internet. Is this a site that would be visited by children? That would not be good, I'd think. I guess I'd need more info before I can be sure how I would fall on this issue.
Hi Celestina! I would like to start by thanking you for your comment on my little essay on the election of yours. Now to the issue at hand. I have to state that fiction could never be handled this way. because if that is the case, then what about all that participated in the productions of films such as Stanley Kubricks "lolita" of 1962 which was first written by the novelist Vladimir Nabokov?
.....or....
* Deliver Us from Evil, 2006, directed by Amy Berg
The true story of Catholic priest Father Oliver O'Grady who abused both boys and girls
....or....
* The Little Girl Who Lives Down the Lane, 1976, directed by Nicolas Gessner
....or....
* Pretty Baby, 1978 directed by Louis Malle and starring Brooke Shields
and the list goes on and on and on....
What I am trying to say is that if this is the new directives on how authors of fiction should be "taken care of", well then there are a whole bunch of some very famous authors & script writers, actors, directors and so on that must be gathered and thrown into the slammer..right?
or is this guy some sort of individual target for some reason?
Anyhow, I my self am a father and I would hate for anyone out there to become a victim of pertverted minds. Still, there are people who write about cannibalism and other sick things. My question in the end is, why have something that protects the freedom to write, express and voice ones ideas if someone who writes something and do not hurt anyone in real life must pay by going to jail for something that has been done by so many up to some who now turned into respected entertainers?
But when it comes to any real life perverted pedophile predators I say, throw them in a deep dark hole, lock it good and away with the keys. But that is my own opinion as a father.
Very interesting comments!
I would like to comment on what unbekannt1137 said: "I can see this sort of material fueling the fire of desire within these sick individuals ..."
unbekannt1137 comments appear to reflect a generally held societal view. This is not suprising since police often use this argument when attempting to press for more severe penalities for the possession and distribution of child pornography. This argument assumes that if any person responds sexually to pornography that details certain acts, that person is likely to commit those same acts. That is absurd since we are all reactive to stimuli of many sorts, but irt doesn't indicate that we are doing the acts that arouse us in the form of pictures or sounds or words.
For instance, many women are encouraged by sex therapists to use rape fantasies to become and remain aroused sexually. While women don't want to be raped, many will find themselves aroused by a fantasy of being raped. Force is frightening, but the fantasy of being forced can be translated into sexual arousal. If the assumption is made that a person's response to sexual stimuli indicates the kind of sex they are likely to engage in, then many women would be seeking rape. in this caes we can see that the assumption of a connection between arousal to porn and choice of sexual activity doesn't make sense
In reality, no studies have been done that establish a relationship between arousal in response to particular pornographic stimuli and the possibility of acting in ways demonstrated in the porn scenes.
NOTE: I'd like to take credit for the above information but I cannot. Almost all of the above statements were taken almost word for word (and I hope that I'm citing the correct source) from a book written by Gerald P. Jones, PHD
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