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


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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Fri Oct 23, 2009 12:20 pm Reply with quote
gorbal wrote:
If he isn't going to fight it...did he (Your boyfriend) only look at the virtual porn? If so than this IS about virtual child porn if someone looking at real child porn and someone looking at manga are given the same sentence.


Quote:
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.


I don't see this as "looking" as much as clicking around the net & following a link to something one didn't want to see. God knows back in the eary part of this decade I'd click on what was supposed to be an anime site only to get naked chicks on my screen. (The gal at the comic shop I frequented said porn sites regularly bought-maybe still do-abandoned sites & loaded them up with links back to porn sites)

No chance of averting the custody unless his atty is hot-shot enough to get a stay of execution, but that isn't impossible. I see it all the time where my clients are set to go to jail & get it postponed. Hell, they even fail to turn up for their weekend, call their lawyer with their lame excuse, & get it re-worked.

Quote:
Ignorance of the law is no excuse.

Somehow I don't think that they would let someone convicted of child porn in the US. These types would be called "undesireables".

He's going to need an immigration attorney anyways.


But entrapment is wrong. It's not unusual to clear innocent people eventually, though some end up spending years in jail. David was denied his right to speak with an attorney. He should have kept his mouth shut until he got that attorney, but most people who are innocent don't really see the need because they ARE innocent. The facts should prove them out, but law enforcement looking for a quick positive pr on busting a child molestor OH MY! know this & know how to manipulate their defendants. It's the criminals who know the system who know to keep quiet until that atty shows up.

The plea bargain thing sounds like what Polanski is claiming--that he had a deal but allegedly got word the Judge was going to change it in the name of getting publicity. Looks pretty good on that re-election bid "hard on child abusers".

Pursue the gal. If she did load it on there, she's up for something-entrapment, perjury, something. Some people are just evil & she sounds like it. It sounds like the family's done their share for her & she's just nasty.
The atty should have an idea how to handle this. Maybe a different one is needed. Realistically there are ways to play this-public sympathy for someone wrongely accused, but the child abuse factor could make for automatic judgement. Look how quick people here were to jump on the "fry in hell forever" side. I would think at least a few guys could relate to the false accusation, but gals can be pretty unsympathetic on sex issues & kids as are parents in general. (speaking as a chick who's heard her share of lynch-type talk from parents as my daughter progressed thru school)
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chicogrande



Joined: 11 Jun 2004
Posts: 190
Location: Huntsville, Alabama
PostPosted: Fri Oct 23, 2009 12:24 pm Reply with quote
It goes without saying that any actual exploitative pictures or video with live human subjects who are pre-pubescent or under 18 (or 21 depending upon the law) is worthy of lawful retribution. But as always, I find it a PR nightmare for mainstream Anime that sentences such as, "Approximately 90 per cent of the images were of (my italics) cartoon drawings called Japanese Anime, while the remainder were of actual children," are used by Nova Scotia's The News. Then there is this whopper from the same article, "An examination of the computer showed that one or both of the Hammond twins had done Google queries to see if anime was legal."

Anime per se is legal because movies like "Ponyo" get shown widely in theaters and you can purchase a DVD of "Ghost in the Shell: SAC" without much hassle in most retailers.

Don't you think this creates an incomplete mindset regarding Japanese animation in general and a nightmare scenario for the casual fan who may find himself having to explain his copy of "Card Captor Sakura"?
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Fri Oct 23, 2009 12:50 pm Reply with quote
CCSYueh wrote:


Quote:
Ignorance of the law is no excuse.

Somehow I don't think that they would let someone convicted of child porn in the US. These types would be called "undesireables".

He's going to need an immigration attorney anyways.


But entrapment is wrong. It's not unusual to clear innocent people eventually, though some end up spending years in jail. David was denied his right to speak with an attorney. He should have kept his mouth shut until he got that attorney, but most people who are innocent don't really see the need because they ARE innocent. The facts should prove them out, but law enforcement looking for a quick positive pr on busting a child molestor OH MY! know this & know how to manipulate their defendants. It's the criminals who know the system who know to keep quiet until that atty shows up.

The plea bargain thing sounds like what Polanski is claiming--that he had a deal but allegedly got word the Judge was going to change it in the name of getting publicity. Looks pretty good on that re-election bid "hard on child abusers".

Pursue the gal. If she did load it on there, she's up for something-entrapment, perjury, something. Some people are just evil & she sounds like it. It sounds like the family's done their share for her & she's just nasty.
The atty should have an idea how to handle this. Maybe a different one is needed. Realistically there are ways to play this-public sympathy for someone wrongely accused, but the child abuse factor could make for automatic judgement. Look how quick people here were to jump on the "fry in hell forever" side. I would think at least a few guys could relate to the false accusation, but gals can be pretty unsympathetic on sex issues & kids as are parents in general. (speaking as a chick who's heard her share of lynch-type talk from parents as my daughter progressed thru school)



All of this has nothing to do with immigration. The guy's got a conviction for child porn no less. That's what counts in the end imo.

He should save his money and stay in Canada imo. Get an attorney if he's that gun-ho on coming here.
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Zin5ki



Joined: 06 Jan 2008
Posts: 6680
Location: London, UK
PostPosted: Fri Oct 23, 2009 3:27 pm Reply with quote
nadir-seen-fire wrote:

The judge's views on the offending drawn content:
Quote:
This is a crime that victimizes young people around the world. It creates a market which then re-victimizes the most vulnerable in society.

Unless this quote is in fact pertaining to the photographic material, one questions how exactly this judge defines the word 'victimize'. A causal link between this material being downloaded and people being harmed seems to be presupposed here.
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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Fri Oct 23, 2009 5:47 pm Reply with quote
hikaru004 wrote:
All of this has nothing to do with immigration. The guy's got a conviction for child porn no less. That's what counts in the end imo.

He should save his money and stay in Canada imo. Get an attorney if he's that gun-ho on coming here.


Immigration is a game anyway. Look at what they did to John Lennon (Issued a visa, then pulled it & said he was here illegally)

However if David Hammond gets his charges dropped/cleared/expunged, he should no longer need an immigration lawyer. It would then all have been just a horrible nightmare he had to live thru. Might even get something for the false imprisonment. They do here at least some of the time. It's happened enough, I believe they have it figured out to so much per day.
Be nice if the prosecutors/judge get penalized somehow (like voted out of office in shame)
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Triley



Joined: 22 Oct 2009
Posts: 14
Location: New Hampshire, US
PostPosted: Sat Oct 24, 2009 7:47 am Reply with quote
Just a quick update. He contacted his lawyer, and he said that there was nothing wrong with the case, or else he would have said something. It also turns out that the lawyer and judge are friends, which leads to conflict of interest.

I finally got him convinced to try and talk to a different lawyer, but he wasn't able to get anyone to talk to him in time, and now he's sitting in jail until Monday. In the future, they have a good chance at getting home arrest more often than not, or so Corey's probation offer said, because the Dartmouth jail they're stuck at is pretty crowded.

He's getting out at 6am Monday, and I'm going with his mother to pick them up. I have to leave already at like 4pm in the evening, but I just want to be there to make sure I can do my best to comfort him, you know?

Maybe more to come later, as I think of more. I'm sitting in a longue at the Toronto airport as we speak, and I've only had about an hour's sleep since I woke up Friday morning at 6am, so I'm a bit dumbfound for words at the moment.

Wish us all luck.
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Lothar



Joined: 19 Sep 2005
Posts: 67
PostPosted: Sat Oct 24, 2009 7:23 pm Reply with quote
Good luck to all of you. Despite my personal opposition to (real) child pornography, it sounds as if he was really brought in for the make-believe shota.

Lesson to everyone, which I feel compelled to put in all-caps: NEVER, EVER TALK TO THE POLICE AFTER YOU HAVE BEEN ARRESTED UNLESS YOUR LAWYER IS PRESENT! EVER!!!!!
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NDenizen



Joined: 05 Sep 2008
Posts: 70
PostPosted: Sun Oct 25, 2009 2:13 pm Reply with quote
How are they "sex offenders" again?

Amazing how we so easily trivialize real crimes, such as rape and sexual assault, with thought policing like this.
The actual child porn is understandable, but the fake stuff? Surely in a sane, rational world, it is negligible. It seems you cannot live your own life away from society anymore without the police still wanting to bash down your door and rush you away to a dead end life.
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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Sun Oct 25, 2009 2:33 pm Reply with quote
Good Luck.

That's tough about the lawyer, but it does make more of a case for false prosecution. Hopefully it's not as much of a "Good Ole Boys" network as Betty Broderick faced when she divorced her husband which led to tragic results for all involved. (He was the head of the local Bar Association so she apparently got railroaded on the divorce & then things went south from there leading to her murder of the ex & his 2nd wife). Sounds like the lawyer was just slam-dunking it rather than defending a "child molesting pervert" which could go against him should he have political aspirations.
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shadowblack



Joined: 24 Feb 2008
Posts: 37
PostPosted: Sat Oct 31, 2009 1:13 pm Reply with quote
A bit late, but good luck from me as well, and hopefully all will end well.

P.S.: For some reason this story reminded me of this case. I'm not sure why...
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DomFortress



Joined: 13 Feb 2009
Posts: 751
Location: Richmond BC, Canada
PostPosted: Sat Oct 31, 2009 3:43 pm Reply with quote
OBJECTION!

The International Society for the Reform of Criminal Law had this to say about CHILD PORNOGRAPHY AND FREEDOM OF EXPRESSION IN CANADA:
Quote:
1. In Canadian constitutional law, legislation that violates a right under the Charter of Rights and Freedoms is permissible if the government can justify it under s. 1. The analytical framework for assessing Charter violations is set out in R. v. Oakes, [1986] 1 S.C.R. 103, 26 D.L.R. (4th) 200 (S.C.C.), and has two conditions. First, the objective of the legislation must be pressing and substantial. Second, the means chosen to attain this legislative end must be reasonable and demonstrably justifiable in a free and democratic society. This test is met by showing that the violation is rationally connected to the aim of the legislation; that the impugned legislation minimally impairs the Charter right; and that there is a proportionality between the effect of the measure and its objective so that the attainment of the legislative goal is not outweighed by the contraction of the right.

3. In describing the scope of rights protected under the Charter, the Supreme Court of Canada has broadly interpreted “freedom of expression” to protect virtually any expressive activity. Therefore there is little debate that this protection extends to child pornography. What is in question is whether restricting the right of an individual to possess or use child pornography will be constitutionally justifiable.

6. Two experts gave evidence for the Crown. One testified that the Internet has facilitated an explosion in the availability of child pornography. The other was a clinical psychiatrist who offered four reasons why child pornography was harmful.

7. He testified that some pedophiles show sexually explicit depictions of children with adults in order to lower inhibitions and to make the depicted conduct appear to be normal. Second, pornography excites some child molesters to commit offenses. Third, child pornography augments or reinforces the “cognitive distortions” of pedophiles. Lastly, children are abused in the making of pornography and the material is a record of that abuse.

8. Tendered into evidence were two studies supporting the expert evidence. One found that child molesters have a greater exposure to pornography than do those who commit sexual assault on adults. On the other hand, child molesters were more likely than others to employ pornography as a means of relieving an impulse to commit an unlawful act.

9. There was no evidence led that the “cognitive distortions” referred to above cause any significant increase in danger to children.

10. Mr. Justice Shaw, who was the Trial Court Judge summarized his findings of fact as follows:
1. Sexually explicit pornography involving children poses a danger to children because of its use by pedophiles in the seduction process.
2. Children are abused in the production of filmed or videotaped pornography.
3. "Highly erotic" pornography incites some pedophiles to commit offences.
4. "Highly erotic" pornography helps some pedophiles relieve pent-up sexual tension.
5. It is not possible to say which of the two foregoing effects is the greater.
6. "Mildly erotic" pornography appears to inhibit aggression.
7. Pornography involving children can be a factor in augmenting or reinforcing a pedophile's cognitive distortions.
8. There is no evidence which demonstrates an increase in harm to children as a result of pornography augmenting or reinforcing a pedophile's cognitive distortions.
9. The dissemination of written material which counsels or advocates sexual offences against children poses some risk of harm to children.
And true enough, one individual who's a pedophile did "show sexually explicit depictions of children with adults in order to lower inhibitions and to make the depicted conduct appear to be normal", when "John Robin Sharpe acting as own lawyer at trial" as he "challenged Canada's child pornography laws in the nation's highest court" for his "sex charges dating back more than two decades".

I was curious about the term "cognitive distortions" and I begin to wonder what could they be. And I found out that "Cognitive distortions -- where your mind puts a ‘spin’ on the events you see, and attaches a not-so-objective interpretation to what you experience -- happen all the time. They are especially common in people with depression and other mood disorders".

Now consider that human's frontal lobe reaches full maturity around age 25 (citation), while OTOH teens are prone to instant gratification with their underdeveloped frontal lobes(citation). Not to mention is the fact that "At approximately 6 years of age, most children will have established a keen interest in "how babies are made". Children are becoming cognitively sophisticated enough that they will want to know how the sperm and the egg get together. Some, but not all, children in this age range will begin to be aware of the link between reproduction with sexual pleasure. In addition to possible discussions with parents or lessons taught at school, children will hear accounts of human reproduction from peers and be aware of sexuality content in the media", while "Some children in this age range (although a minority) will occasionally and consciously masturbate for pleasure".(citation) This, providing the fact that "there is a thin line between emotions and sexual stimuli in humans"(citation), while "The frontal lobes are considered our emotional control center and home to our personality"(citation). I'm beginning to think that while just about anyone can have their personality distorted into accepting pedophilia, by them masturbating themselves into having sexual orientation towards children, and them considering "loving children" as their sexual preference, using both real and virtual child pornography. children OTOH are simply being overexposed.
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Keonyn
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Joined: 25 May 2005
Posts: 5567
Location: Coon Rapids, MN
PostPosted: Sun Nov 01, 2009 2:29 am Reply with quote
Please don't turn your entire posts in to one giant link. Place your citation links in parentheses following the paragraphs or sentences in which they are relevant, otherwise it's just excessive. If you have to link text, then link only a few key words, not entire sentences and certainly not the entirety of a paragraph as you did here.

Plus, I have to also warn you that what you posted is a whole lot of nothing just to make a very simple point that you've already made a dozen times before. It's great that you did your homework, but a lot of that was irrelevant or barely relevant. The masturbation habits of teens doesn't really factor in much to the bottom line here. I applaud that you decided to back up your statements with actual studies and evidence, few people do that, but unfortunately a lot of it just doesn't go anywhere and it ends up as a tremendous eyesore with large blocks of text linked at a time.

Link to relevant information, that's fine and is even beneficial provided that information really does have a bearing on the discussion, but try to do so in a cleaner fashion, and try to show a bit of restraint and stick to the truly meaningful information.
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DomFortress



Joined: 13 Feb 2009
Posts: 751
Location: Richmond BC, Canada
PostPosted: Sun Nov 01, 2009 3:53 pm Reply with quote
Keonyn wrote:
Please don't turn your entire posts in to one giant link. Place your citation links in parentheses following the paragraphs or sentences in which they are relevant, otherwise it's just excessive. If you have to link text, then link only a few key words, not entire sentences and certainly not the entirety of a paragraph as you did here.

Plus, I have to also warn you that what you posted is a whole lot of nothing just to make a very simple point that you've already made a dozen times before. It's great that you did your homework, but a lot of that was irrelevant or barely relevant. The masturbation habits of teens doesn't really factor in much to the bottom line here. I applaud that you decided to back up your statements with actual studies and evidence, few people do that, but unfortunately a lot of it just doesn't go anywhere and it ends up as a tremendous eyesore with large blocks of text linked at a time.

Link to relevant information, that's fine and is even beneficial provided that information really does have a bearing on the discussion, but try to do so in a cleaner fashion, and try to show a bit of restraint and stick to the truly meaningful information.
Thanks for clearing my post, I agree that made it much easier on the eyes.

However, what I did was relevant. In a sense that while the twins who got arrested for possession of virtual child pornography were both 20 years old, they still got five more years at least before their brains to fully develop their frontal lobes. And despise the fact that both are old enough to vote under the Canadian Constitution, their brains are relatively the same as teens with underdeveloped frontal lobes; primed and programed for instant gratification by the modern society(citation), but not so much as in judgment.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Sun Nov 01, 2009 4:26 pm Reply with quote
classicalzawa wrote:
(is Canada more lax about this or something or was it just the US court system being a jerk to Handley by overblowing the situation here?)
I pick "C", all the above. Wink Still it's going to suck to do Christmas at Her Majesty's pleasure.
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rinmackie



Joined: 05 Aug 2006
Posts: 1040
Location: in a van! down by the river!
PostPosted: Sun Nov 01, 2009 8:09 pm Reply with quote
Okay, I was hoping I could avoid commenting on this. But it looks like I'm going to have to put in my two cents anyway. First, to address the actual case itself. The problem appears to be that only one twin is actually guilty of looking at real child porn (and there may have been some entrapment involved) but both of them are being punished. Of course, the reason for this is Canada's ridiculous virtual child porn ban. Neither of the twins have molested any real children. The mod has already posted in a very clear, intelligent (and unbiased) way what I already agree with. Mainly that Dom's original post with numerous links don't really apply in this case. Also, I wish CCSYueh, who I believe works in law enforcement and is a yaoi fan would have commented on this by now. But it looks like it's up to me. Now for the rest of my argument which I hope doesn't devolve into incoherent rambling.

Let me state for the record that I am against REAL child pornography. But I also believe in distinguishing between reality and fantasy, which I believe most people are capable of doing. Yes, I realize many think even thinking about children in sexual situations is disgusting but there's a difference between thinking about it and doing it. If everyone were arrested simply for thinking about immoral/illegal deeds, everyone would be in prison. Course I know some would say that looking at or reading about fictional pedophilia will lead a person to do it in real life. Then why don't we assume that people who watch horror movies go out and commit murder? Why don't people who watch Westerns or read mystery novels go out and become cowboys or detectives?

They are lots of misdeeds that are immoral but not illegal, like adultery. (At least not in this country.) Real child porn is illegal not just because it's wrong but because a real child is involved. Just like if someone made a horror movie and actually killed someone in the process. In both cases, AN ACTUAL PERSON WAS HARMED! Plus, blaming a piece of fiction takes the blame off of the criminal. Whenever a murderer tries to blame his crime on childhood abuse or something like that, people don't accept it. But whenever a rapist or child molester blames porn for their crimes, people are quick to buy into it. If only we could get rid of porn, things like this wouldn't happen, they say. Oh, really? Then how do you explain those millions of people who watch porn and don't commit sex crimes?

As for youth, I agree that children and teens shouldn't be exposed to porn. Because they don't understand it and haven't yet learned the difference between real life sex and fantasy sex. Eighteen years olds are considered legal adults and while they still have a tendency to do stupid stuff, (as do people who are much older) it is assumed that they know better. Basically, these guys are being punished for thought crimes, which I think is deplorable. (Of course, the twin who looked at real child porn should be punished.) Maybe Dom is comfortable living in a world where people are punished merely for fantasizing about things and enjoying certain kinds of fiction, but I'm not.

P.S. Plus, all this effort being put into protecting fictional children is time that could be spent protecting real children.
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