Posts Tagged ‘criminal’

Another Thoughtcrime Victory! Manga Porn = 15 years

Wednesday, June 3rd, 2009

Just when you thought it was safe to possess a pen and paper, we hear about the disturbing case of Manga1 collector Christopher Handley’s prosecution and guilty plea (disappointing the Comic Book Legal Defense Fund) for violating the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” The maximum sentence is 15 years. It’s likely that Handley pled that down significantly.2 What did he possess to get him in so much trouble? Depictions of cartoon children being sexually abused.3

Some call him sick for collecting such things. Some feel he should be locked up. They feel that sick things should be prohibited. What is this really a case about? Sexuality? Pedophilia? Puritanism? Regardless, there has been an uproar in the comic book community, and the point I made last December is being reiterated.4 My “underage” stick-figure sex depiction (daring someone to prosecute me) has been, in a variety of ways, repeated.5

Where’s the victim? The ink? The paper? Are the prosecutors the type of people who believe that fictional characters have feelings or rights? And why isn’t everyone who has a copy of Nabokov’s Lolita (in book or movie form, or, heck, is there a graphic novel?) currently being prosecuted? Heck, why isn’t the government clamping down on Amazon and Barnes & Noble for selling both artistic and literary depictions of underage sex, rape, and torture? If you think it doesn’t exist, if you think it’s not purchasable by the general public, perhaps you’re the myopic kind of person who would cheer to see Handley thrown in jail while you simultaneously forgive the Catholic Church for harboring men who actually stuck their penises in the mouths and anuses of the innocent boys in their care.

Was that statement too obscene for you? Funny, because it really happened to real children by real priests (and lots of other people who don’t even know what Manga is). Why on earth would a man like Handley, who merely possessed drawings of things you don’t like, be subjected to more years in prison than the men who perform the acts you cannot bear to read upon REAL CHILDREN? That, not Handley, is what is disgusting in this society and world. Perhaps if Handley suddenly found Jesus he would be treated with real justice in a nation that touts its freedom of thought while failing to practice what it preaches.

Worth reading is the BoingBoing post about Handley’s unfortunate situation. Also some of the comments are right on target, and I’m going to quote a few of my favorites right here:

-verde-

Thought Police at the door sir:

-Have you ever in your head pictured an infant being raped?

-No.

-Not even now that we brought up the subject?

-Well, mmm I guess so.

-Could you come with us?

-spazzm-

And who exactly decides what is artistic or immoral?

Erotica is artistic, porn is immoral, smut is illegal.
Erotica is what excites me, porn is what excites you, smut is what excites them.

-anonymous-

One of the questions I have is why the assumption is that such content serves the sole purpose of titillation or arousal for the reader. Yes, its principle intent may be that, but that doesn’t necessarily mean the reader views it that way. I have books of Toshio Saeki’s work that I have brought back from Europe in the last ten years (and not without concern they would be confiscated at customs or worse). His work is *extremely* difficult to look at, and often incorporates children in sexual situations with adults. I do not find this at all arousing, and in fact, I find it shocking and disturbing. But I find his work incredibly beautiful, challenging and it inspires me to ask questions of myself as I look at it. So, where is that part of it? We must be allowed to examine the work of others that we ourselves may not agree with or even like…And I don’t want to live in a world where we’re not allowed to express even the darkest parts of our psyche…which no one is above. Some just keep it to themselves better than others.

Spare the whole “it inspires others to act”. Pete Townsend has a quote about that.

Then there’s that whole problem of suppressing thoughts and artistic expression. You know. That kinda poses ongoing problems. Telling people what they can / can’t think / express / consider doesn’t really work so great.

And, I highly agree with what was said earlier about cultural misunderstandings related to the taboo depiction of pubic hair making these characters appear to be children.

This is tragic. Very scary, very sad that he pled guilty without proper counsel. (I’m a mid-30’s white female, btw).

-anonymous-

Wow. I guess I better get ready for prison. I drew a picture of myself having sex with a cartoon girl (…after cutting her cartoon head off). By this standard, I’m guilty of sex crimes against children. I didn’t even get to “play doctor” as a kid. :(

If we really wanted to protect children, the US Catholic Church should be (temporarily) shut down and have all the clergy FBI checked and registered (fingerprints and DNA, you pervy bastards). Let’s start with the real criminals. Remember the psychologist in Happiness who was a pedophile? He jerked himself off to a male teen magazine in the back of his car (one of my all-time favorite cringe comedy moments). Those are the PEOPLE you should be worried about having pictures fuel their desire. It won’t be the loli.

I am a victim of child sexual abuse in two ways. I was abused as a teen, and my first attempt at intercourse was destroyed by my adult partner’s sobs of physical and psychological pain. She had been raped as a young girl. I carried that crushing guilt with me for several years after that.

Show me comics/drawings of someone’s fantasy/nightmare of raping and killing children, I may enjoy it. I may abhor it. I might fantasize about killing the person who made it. I might masturbate to it and cry afterward. In the privacy of my home and in my mind, I should be able to do anything I want with it.

Should I go to jail for thoughts?

In the meantime, I’m going to be renaming all of my folders “midget porn.”

-Redsquares-

In other news, millions arrested for owning copies of Gauguin’s works and early sketches.

I’d hate to see what happens to Scheile collectors.

God dammit, under this sort of law, my paper on Bellmer I wrote for art history is enough to throw most of that class in jail. Dude drew bisected nude girls, in a clearly sexualized nature. Damn good drawings, aesthetically and technically: well done, good composition, and were done to fuck with the Nazis to boot, but still… what does that prove?

It’s obvious you are a sick fuck, no matter what the hell you do. Someone, somewhere, is against it for the pure purpose of being against it, the only question is: can they convince others to be against it too?

-blueelm-

What a strange situation. It was my understanding that the posession of photographic child pornography was illegal because it encouraged the assault and mistreatment of the children in the picture. In other words it is documentation of abuse.

It is a strange and tough argument about manga and I don’t know exactly how I feel, but while our children are fetishised to a large degree in the US there is a distinction between a predatory pedophile, your nasty uncle, and people who collect drawings of little girls being split in half by squid with hardware. I’m not sure that the latter influences the former, as the person molesting one’s child is more likely to be a good friend or spouse than a sexually-frustrated comic collector.

I think the Gacey clown of pain model sticks in people’s heads, but remember that he actually interacted with kids… not drawings of them. Secondly while we may be stigmatizing our kids by putting them in beauty pageants and American Apparel ads, the objective of some one who compulsively rapes small children is not to worship the adult-like beauty of a little girl but rather to have sex with her because it fufuls a compulsive need. As far as sympathy for them, I’m not sure about these teach-a-lesson type laws, but I see no problem with confining a serious enough offender from the rest of society, but some one with some drawings? Really?

By the same token it makes me sad that there is probably some one who has actually raped a little girl who will serve less jailtime than this guy will for having some troubling drawings. As far as the drawings, as an artist, I can’t help but think that these things must be tolerated.

Okay, that’s enough for now. Check out the BoingBoing comment thread and KOS for a lot more on both sides of the issue.

If you have some extra money, donate it to CBLDF. If you know someone who is about to get in trouble for possessing cartoons (or a book, etc.), refer the person to CBLDF and the ACLU.

  1. “Comics and print cartoons (sometimes also called komikku コミック), in the Japanese language and conforming to the style developed in Japan in the late 20th century.” http://en.wikipedia.org/wiki/Manga [<]
  2. Here’s a link via Wired of his actual plea agreement. I think he screwed himself. [<]
  3. I’m sure that statement will get some unwanted Google hits to my blog. [<]
  4. If you missed it, the argument was about Lisa Simpson, the cartoon character, being depicted in sexual situations, and a law in Australia was being applied. My earlier article also referred to the U.S. Protect Act and related laws that have arisen in the Handley case. [<]
  5. No, I’m not taking credit for it, but I did post it in December, damnit! [<]

Decriminalization of Homosexuality – Now Powered by Obama

Thursday, March 19th, 2009

The Bush administration refused to support it, because it wanted to protect states’ rights to ban same-sex marriage, but the Obama administration has announced that it will endorse a U.N. declaration calling for the decriminalization of homosexuality. Sixty-six other U.N. members have already declared their support.

According to The Washington Post, more than 85 countries still outlaw homosexuality, and in several Islamic nations, it is punishable by death.1

The non-binding declaration urges states to pass laws to ensure that “sexual orientation or gender identity” can “not be the basis for criminal penalties, in particular executions, arrests or detention.”

  1. http://voices.washingtonpost.com/44/2009/03/18/administration_to_support_un_d.html?wprss=44 ; Those nations include: Afghanistan, Iran, Saudi Arabia, Sudan and Yemen. [<]

Georgia Injustice on My Mind

Wednesday, March 18th, 2009

Georgia has one of the most severe sex offender laws on the books in the entire nation, and although it was designed to make sure rapists, child molesters, and other criminals who may pose a threat to children are kept in check after serving their time, in practice it puts many people onto the sex offender registry who have never committed a sex offense. The law is drawn so broadly that it includes kidnapping and false imprisonment of minors. According to Rep. David Ralston, lawmakers passed the provision initially because they believed that if a person is convicted of committing a crime of force or violence against a minor, he or she should receive the same punishment that a sex offender would.1

In the case of Darnelle Harvey and many others, the punishment certainly doesn’t fit the crime. In 1990, when Harvey was seventeen years old, he participated in robbing a Dairy Queen in Chamblee, Georgia. As the holdup progressed, he brandished a gun and ordered a sixteen year old employee to lie down, and through that action, he was convicted of false imprisonment. After spending seven years in prison, you might think Harvey’s debts had been paid for his crime. But because he was charged with false imprisonment of a minor, Harvey was labeled a sex offender by the state, a stigma he will carry until the day he dies. At age 36 currently, that’s a whole lot of punishment for his mistakes.

Where registered sex offenders work is controlled by the law, and Harvey was recently forced to leave his job doing repair work at the Big Boot Ranch because the ranch hosts parties for children. The owner of the ranch, John Sturdivant, said Harvey “wanted to work, wanted to move his life along.” That’s not an easy thing to do when you cannot legally work within 1,000 feet of parks, schools, recreation centers, or other places children may go. As Sturdivant pointed out, “If you can’t work, you can’t take care of yourself. When you can’t do that, it might lead to robbing or stealing. What’s left?”2

Another victim of this law is Donnie Lee Boone, who held up a restaurant in Augusta with two others in 1994. The men moved four employees from one part of the restaurant to another during the robbery, and this earned them a charge of kidnapping. Because one of the employees was seventeen years old… you guessed it. Boone is now a registered sex offender. Boone was granted parole in 2006 after serving almost twelve years in prison. He had planned to move in with his mother, but the parole board would not allow it, claiming her home was within 1,000 feet of a park, a church, and a rec center. Because he was unable to secure another residence, he was forced to stay in prison. In 2007, the law regarding living restrictions was overturned by the courts (the restrictions still apply to where registered sex offenders may work or loiter),3 but it was not applied retroactively in order to help Boone’s case. As if that wasn’t already unjust enough, last year, an investigator for the Southern Center for Human Rights, Mica Doctoroff, brought to light that the park and church were in fact 2,000 feet from Boone’s mother’s home. And as for the rec center? It didn’t exist. Boone was finally released last year and able to move in with his mother.

This law is in desperate need of revision, and some help may be on the way in a new bill that just passed in the Senate by a 52-2 vote. The bill is now before the House. According to Sen. Seth Harp, “We’re trying to clarify it. We need to concentrate solely on those who really are sex offenders so we know where they are to keep them away from children.” Among other provisions, the legislation Harp is proposing would only require those convicted of kidnapping or false imprisonment to be on the sex offender registry if their crimes involve a sex offense.4 It’s about time. But is it enough?

I’m sure many of you are all too familiar with the case of another Georgian, Genarlow Wilson,5 who made headlines when he was sentenced to ten years in prison for engaging in oral sex at age seventeen with a fifteen year old classmate. Although his conviction and the subsequent public outcry over it led the Supreme Court to rewrite the law so that sex between two consenting high school students is now a misdemeanor, the Legislature decided against applying the law retroactively, which means a lifetime of struggle for all those still trapped on the sex offender registry, people like Wendy Whitaker, who has been on the sex offender list for more than 12 years for engaging in oral sex at age seventeen with a male classmate who was just shy of his sixteenth birthday. Now 29, married, and in college studying criminal justice, she has been forced to move three times because of her proximity to places where children congregate, and she is currently battling the courts to get her name removed from the list.6

Law enforcement officials in Georgia are wasting their time, attention, and lots of taxpayer dollars on rewriting laws, fighting lawsuits, rewriting the laws again, fighting more lawsuits, ad nauseum. It’s time for them to change the law once and for all so that those who are truly child predators are punished and kept away from children, and those who are not a threat to anyone are allowed to live their lives and be free from the label of “sex offender.”

-Laura

  1. http://www.ajc.com/metro/content/metro/stories//2009/03/15/sex_offender_law_georgia.html [<]
  2. Ibid. [<]
  3. http://www.msnbc.msn.com/id/21917363/ [<]
  4. http://www.ajc.com/metro/content/metro/stories//2009/03/15/sex_offender_law_georgia.html [<]
  5. http://abcnews.go.com/WN/story?id=3782694 [<]
  6. http://www.ajc.com/health/content/printedition/2008/11/22/offender.html?cxntlid=inform_sr [<]

February Friday Fun

Friday, February 27th, 2009

What kinda stupid stuff has the government been doing lately? Let’s find out on February Friday Fun.

First, we start off with the imbecilic local government in Clearwater, Florida, who first fined a store owner for having upon his store wall an image of a fish of the type that he sold in the store (violating a code against store owners having on display a depiction of something the store sells — uhm, that makes sense), and then was fined yet again for him covering it up with a naked picture of his wife! No, just kidding. Actually, he was fined again for covering it up with the U.S. Constitution. According to the St. Petersburg Times, the ACLU is suing the city of Clearwater, alleging that it has violated the shopkeeper’s First Amendment rights. Pshaw. What First Amendment?

What First Amendment?

Next, Vjack asserts that a qualified apology (a non-apology apology) isn’t really an apology, especially with respect to the kind of public apology that seems expected from those responsible for what is being claimed to be a racist cartoon. Although Vjack has his points (when doesn’t he?), the most interesting part of his article is the comments, which lean toward suggesting that an apology isn’t necessary at all. Particularly in cases where either the meaning is misunderstood, or if the would-be apologizer meant to do whatever it was that caused offense. I agree with Vjack that people should take responsibility for their actions, but I also don’t think that people should apologize for something non-existent caused by a misunderstanding, when there was no intent to do harm. But I mean that as a general principle — no “default” knee-jerk apologies; that doesn’t mean there aren’t cases where it’s in everyone’s best interest for someone to make a real, formal apology. Unfortunately, though, in this world, an apology, even when there’s no actual harm or intent to harm, is often perceived as pleading guilty, and it’s possible that the idea behind not giving a “real” apology is really just a way of saying, “Look, this isn’t what you think it is, and if I apologize for it, you’ll think you were justified in thinking it was what you think it is.” Apologies shouldn’t be evidentiary (except maybe while being interrogated by police), but they are.

This burns. Jesse at Rant & Reason brings to light the fact that a sole Colorado legislator voted against a bill that would require HIV tests for pregnant women (to ensure the health of the foetus/baby), specifically because HIV “stems from sexual promiscuity” and that he didn’t want to “remove the negative consequences that take place from poor behavior and unacceptable behavior.” What a crock! Read the article if you want to be further disgusted by the inhumanity of some of the idiots we elect to represent our interests.

As I re-Tweeted on Twitter the other day, Christopher Hitchens was on Lou Dobbs (no, not like that!), and I’ll let PZ Myers at Pharyngula give the rundown, because I’ve had a shitty week. The issue is the UN’s proposed resolution banning blasphemy. (It’d make it a crime in the U.S. to criticize religion (specifically Islam). WTF!). Fuck Islam. Fuck Mohammed, Muhammed, Muhammad, Mohinder, whomever. Where was that First Amendment again? Oh, that’s right, we don’t have one. Fifty-fucking-seven nations supporting this!?!? If it passes, the U.S. should leave the UN. “Universal human rights exist whether religion recognizes them or not,” says Hitchens. Woot.

Oh, hey, remember when I said that there’s no First Amendment? I meant that we civilians, we “people” don’t have First Amendment rights. Apparently, though, government entities do. WTF? According to The Legal Satyricon, the U.S. Supreme Court has unanimously held “that a city’s government has a right to decide which donated monuments to display on municipal property.”

Americans United for Separation of Church and State suggests dropping prayers and invocations at political rallies. “The only thing worse than having these prayers in the first place is to have them vetted, because it entangles the White House in core theological matters.”

And that’s it for this first and last edition of February Friday Fun, which is just some name I made up just now, because “Daily Dose” was just too alliterative for me.

Britain vs. “Extreme Pornography”

Thursday, January 29th, 2009

Just as the U.S., with the surprising help of the Supreme Court, is starting to emerge from its shell of puritan genophobia, Britain is persisting in its state of paranoia and censorship with the passage of a new law, the Criminal Justice and Immigration Act, that will make possessing “extreme pornography” (“any extreme image produced solely or principally for the purpose of sexual arousal”) illegal, as reported by Telegraph UK. In addition, another law, the Coroners and Justice Bill, will ban possession of any image involving sexual activity and children. These laws are reminiscent of the recent U.S. “COPA” law that would have made possession of cartoon images of children illegal if deemed pornographic. That law was effectively overturned by the Supreme Court.

In Britain, opponents are arguing that the comic book industry would be destroyed by such laws, because even mainstream comics like Batman, Judge Dredd, and much of Japanese Manga would fall under the ambiguous and overly harsh blanket censorship. The British government apparently defines an “extreme image” as any “grossly offensive, disgusting or otherwise … obscene” moving or still depiction of someone any “reasonable person” would think real being sexually injured or engaging in sexual activity with an animal or corpse. (Because, you know, fictional corpses have rights, too!)

If you live in Britain, you might want to protest against this outrageous invasion of privacy, this blatant oppression and censorship based on religious extremism and fear.

State of Protest