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NEWS: Twins, 20, Jailed for Child Porn Including 'Manga' Images


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Daemonblue



Joined: 05 Jul 2006
Posts: 701
PostPosted: Thu Oct 22, 2009 3:10 pm Reply with quote
walw6pK4Alo wrote:
Again, they had real child porn, thus negating the effect of the sentencing specifically for the virtual child porn. We need to see another case where it's strictly child hentai, and absolutely no real child porn, to gain the real perspective of the law on this. In cases like these, they can just add the hentai onto the real child porn and added effect.


I'm not saying it was right for them to have that at all (and in Canada, as mentioned even the fake stuff is banned) but rather the amount they had could be reasoning behind a lesser sentence. Think of it in terms of songs and the RIAA (I know, I know, just an example). They wouldn't charge you the cost of 1000 songs when you've only pirated one song. I know it doesn't compare well when it's something involving real children, but if they had an exhorbitant amount of real stuff I dout they'd be getting off with this little.
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TsukasaElkKite



Joined: 22 Nov 2005
Posts: 3964
PostPosted: Thu Oct 22, 2009 3:33 pm Reply with quote
3 months?! They had real child porn in there too. I would think that the sentence would be at least 25 years for posessing child porn.
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neocloud9



Joined: 06 Oct 2008
Posts: 1178
Location: Atlanta, GA
PostPosted: Thu Oct 22, 2009 3:39 pm Reply with quote
Ralifar wrote:
On a slightly separate note what exactly is a "non-deviant" homosexual relationship?


I'd imagine the use of the term "non-deviant" would be referring to a relationship between two consenting adults.

Quote:
I don't really know what a "deviant" homosexual relationship would be either. Would it be a "deviant" homosexual relationship if he was with an underage boy?


Yes.
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frentymon
Forums Superstar


Joined: 27 Nov 2005
Posts: 2362
Location: San Francisco
PostPosted: Thu Oct 22, 2009 3:45 pm Reply with quote
TsukasaElkKite wrote:
3 months?! They had real child porn in there too. I would think that the sentence would be at least 25 years for posessing child porn.


Nah. The typical sentence for possession of child porn, at least in the states, is around 5 years.
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Raida|23



Joined: 17 May 2008
Posts: 21
Location: Italy
PostPosted: Thu Oct 22, 2009 3:52 pm Reply with quote
The problem, though, is not the three months. Problem is these guys need help. And I'm not so sure they will receive it.
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Dimlos



Joined: 02 Mar 2008
Posts: 226
PostPosted: Thu Oct 22, 2009 3:59 pm Reply with quote
Dargonxtc wrote:
Well, hopefully they will get the help that they obviously need.
What "help" do they need, honestly? Attraction to young boys? The only reason that's considered abnormal is because modern society shuns it. In the past, depending on the country we're talking about, this sort of thing was normal. And yes, I understand that society "evolves" as time goes on (otherwise we'd all be barbarians who killed each other over trivial things... legally), but what's "right" and "wrong" only comes from what society deems "right" and "wrong" at the time, making it a moot, subjective point.
Ralifar wrote:
The whole thing is rather disgusting. It did seem a bit too light for me. What's with the serving on weekends in protective custody? You might as well not even sentence them with any jail time and just give them extended probation.
Actually, it makes sense not to imprison them, considering how these types of people are generally treated, even in prison. Because, for some reason, even murderers think they're better people than these types. Rolling Eyes
frentymon wrote:
Isn't only 3 months imprisonment really generous for something like this?
Ralifar wrote:
I don't really know how the Canadian justice system works, but that seems like it would be a waste of Canadian taxpayers money.
Jaymie wrote:
Three months? Boo hoo. If this was in America, they'd be rotting away in a prison cell for years.
TsukasaElkKite wrote:
3 months?! They had real child porn in there too. I would think that the sentence would be at least 25 years for posessing child porn.
Honestly, it'd be a waste of taxpayer money to put them away for longer. Hell, if it were America, the prisons are already flooded with people who committed pointless "crimes" (possession of marijuana, etc.) while real ones continue to go unpunished. Rolling Eyes
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Ashen Phoenix



Joined: 21 Jun 2006
Posts: 2917
PostPosted: Thu Oct 22, 2009 4:04 pm Reply with quote
Zin5ki wrote:
As much as I would defend these men for being arrested for possession of virtual material, the '10%' of the images found on their computers renders any debate about this outcome a somewhat meritless endeavour.

My sentiments exactly. VCP is an exceedingly subjective issue, but real life kiddie porn is, has, and always should be treated as intolerable imho.
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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Thu Oct 22, 2009 4:12 pm Reply with quote
Ralifar wrote:

You don't think the boys that were in these videos were harmed? If you make a demand for something then you're party to the results.


I read the article 3 times & couldn't figure out if the assault stuff was among the live stuff or the anime stuff. Realistically, due to Canada's law protecting virtual minors, these 2 fry for it. It'd be interesting to know if the one brother claiming to be unaware of the images was really unaware & sucked in because it was apparently a joint computer (& getting the screws for being homosexual) considering the other admitted to being attracted to minors. (So hey, some of you could be damning an innocent person).
I also am sort of appalled at the cries for a longer sentence when one just might be sort of innocent & the other apparently needs help. Yes, it's good he was caught because he didn't seem motivated to get help on his own, but he apparently knew being attracted to minors is wrong. He also doesn't seem to have acted on his desires so a lighter sentence was possibly in order. Do we throw all drug addicts behind bars because they might succumb to their desires? The guy has a hard load to deal with for the rest of his life & he will have to fight his desires, but lots of people with negative habits do this every day. Hopefully he'll be one of the successful cases.
Can one say much different about society? Seems to me we parade minors around in the media in pretty sleazy terms. I'm safely outside the Miley Cyrus world (daughter's way past teen idol stage), but I seem to recall something about her being underage & posing for some risque pix awhile back. That former Miss California bit about her posing nude when she was maybe not yet legal age. Because these are gals & the pix are aimed at males, it's "heathy"?
We all have our vices we have to fight. Some are just higher up on the scale than others (say, the desire to down a pint of Dryers every meal vs the desire to rape, pillage, or plunder one's neighbors).
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Triley



Joined: 22 Oct 2009
Posts: 14
Location: New Hampshire, US
PostPosted: Thu Oct 22, 2009 4:16 pm Reply with quote
Confused

I'm actually the boyfriend of David, and I'd like to set some things straight here, okay?

David looked at shota at one point on Forosdz.com, merely because he came across it. (This case started before they separated the shota in to its own sub-forum.) He never downloaded it, nor the real kiddy porn. His twin admitted to everything being his.

David was questioned in the police station without a lawyer, after asking three times for one. He was denied each time, with legal aid saying "you won't need one", while it turned out that they just didn't have one available, which is complete bullshit.

Then, both of them entered a guilty plea, which was suppose to get David a sentence of the 14 days. After court yesterday, he found out that they changed it to 90 days (or 60 with good behavior).

Is the Crown allowed to change it like that? His lawyer told him it would be 14 days if he pleaded guilty. If he pleaded innocent and got proven guilty, it would have been 90 days, he said.

After all that happened, what was the point of putting in the plea, instead of taking our chances?


On a final note, I'd like to remind you that you can not always believe everything you hear from the media.

There are people's lives at stake. I live in the US, and I was banking on him sponsoring me to become a permanent resident. Now I will need to find a job offer, and even then, it'll suck for us to find a place we can live.
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Shay Guy



Joined: 03 Jul 2009
Posts: 2154
PostPosted: Thu Oct 22, 2009 4:19 pm Reply with quote
The question of whether drawn images are subject to the same penalties as photographed child pornography depends on why exactly creation, distribution, and possession of child pornography are such severe crimes. The key difference between the two is that since the comic artists don't draw with live models (at least in this case...hopefully), no children are harmed in the actual production of the material. This is at the very least a large part of the crime, and possibly the whole of it, since I doubt reading/watching child pornography makes one significantly more likely to prey on children (secondary effects) -- it is an effect of a common cause, not a cause in itself.

This would suggest that drawn images should be considered a much lesser crime than photographs, and correspondingly carry a much lesser sentence.
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Triley



Joined: 22 Oct 2009
Posts: 14
Location: New Hampshire, US
PostPosted: Thu Oct 22, 2009 4:25 pm Reply with quote
CCSYueh wrote:
Ralifar wrote:

You don't think the boys that were in these videos were harmed? If you make a demand for something then you're party to the results.


Yes, it's good he was caught because he didn't seem motivated to get help on his own, but he apparently knew being attracted to minors is wrong. He also doesn't seem to have acted on his desires so a lighter sentence was possibly in order.


The thing no one seemed to mention, is that Corey had a supposed boyfriend in Germany. When they started going out, Corey was 19, and his boyfriend told him he was 16. Well, it turns out that he was actually 15.

I know for a fact that they cybered, since his boyfriend had nothing but a big mouth. (I also know that apparently Corey is bigger than David. Isn't that wonderful to know?) The thing that scared the shit out of me, is the fact that I let him use my current laptop, since it has a webcam. (This was way before the case was brought about.) But the harddrive had been wiped out a few times before the time he used it, and when the case was brought up, so there was no sense in turning it in.
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LordRedhand



Joined: 04 Feb 2009
Posts: 1472
Location: Middle of Nowhere, Indiana
PostPosted: Thu Oct 22, 2009 4:25 pm Reply with quote
Shay Guy wrote:
The question of whether drawn images are subject to the same penalties as photographed child pornography depends on why exactly creation, distribution, and possession of child pornography are such severe crimes. The key difference between the two is that since the comic artists don't draw with live models (at least in this case...hopefully), no children are harmed in the actual production of the material. This is at the very least a large part of the crime, and possibly the whole of it, since I doubt reading/watching child pornography makes one significantly more likely to prey on children (secondary effects) -- it is an effect of a common cause, not a cause in itself.

This would suggest that drawn images should be considered a much lesser crime than photographs, and correspondingly carry a much lesser sentence.


Think of it in the case of drawn images as a crime against yourself as opposed to others. In this instance then it's not objectifying the object that's the problem it's the objectification of oneself that is the concern.

The reason that the punishment is lighter is that the one's involved recognize that they need help. Present the argument above that "Right" and "Wrong" don't exist and therefore didn't do any damage or anything wrong would have met a different punishment altogether.
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neocloud9



Joined: 06 Oct 2008
Posts: 1178
Location: Atlanta, GA
PostPosted: Thu Oct 22, 2009 4:27 pm Reply with quote
Triley wrote:
There are people's lives at stake. I live in the US, and I was banking on him sponsoring me to become a permanent resident. Now I will need to find a job offer, and even then, it'll suck for us to find a place we can live.


Jeez, so he was just in the wrong place at the wrong time. Glad his brother came clean, but it's a real shame he got dragged down with him. The legal system can be so backwards sometimes. Best of luck getting everything sorted out with your immigration.
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Triley



Joined: 22 Oct 2009
Posts: 14
Location: New Hampshire, US
PostPosted: Thu Oct 22, 2009 4:33 pm Reply with quote
neocloud9 wrote:
Triley wrote:
There are people's lives at stake. I live in the US, and I was banking on him sponsoring me to become a permanent resident. Now I will need to find a job offer, and even then, it'll suck for us to find a place we can live.


Jeez, so he was just in the wrong place at the wrong time. Glad his brother came clean, but it's a shame he got dragged down with him. The legal system can be really backwards sometimes. Good luck getting everything sorted out with your immigration.


Yes he was. In fact, I had him here in the US with me when the police went in and took the computers (one was actually my former laptop, and then an older desktop they had.)

I've tried to tell him that he needs to do something about this, so it doesn't happen to someone else (being questioned without having a lawyer, after asking for one several times.) I know that in the US, the case would be declared a mis-trial, and basically everything would be thrown out against him. I wanted him to find out if this could apply to him as well, but well, the articles are right, he is too timid.

Also, the twin's younger brother went in for questioning as well, and without a lawyer I may add. When it came time for taking his statement, the police twisted his words around, to make him look like he did something as well. So, chances are, they did the same thing to David. Even though he just looked at it, they probably have it written down as him being in possession of.
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JLightstar



Joined: 06 Nov 2005
Posts: 140
Location: Venice, Florida
PostPosted: Thu Oct 22, 2009 4:37 pm Reply with quote
Triley wrote:
Confused

Then, both of them entered a guilty plea, which was suppose to get David a sentence of the 14 days. After court yesterday, he found out that they changed it to 90 days (or 60 with good behavior).



I have one question, Was this plea consulted with the prosecution beforehand or was this wishful thinking on the lawyer's part. Did the prosecution, the defense, and the accused meet at anytime to discussed this. I don't know how Canadian law works, but if such a deal existed, it should have been in writing and submitted to the judge. Course, I assume the judge has a right to accept or reject the deal.
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