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20 Years in Prison for Buying a Manga


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retty



Joined: 11 May 2004
Posts: 115
Location: Cheshire, UK

PostPosted: Sun Dec 14, 2008 1:22 pm Reply with quote
This case is nuts. The law should be there to protect people, so how exactly does a guy looking at drawings harm anyone? It doesn't, so why on earth could this even be illegal. And how does reading manga where there might be under-age sex mean the guy is a risk to children? Manga is totally fantasy. If reading that stuff meant you were a risk to society, then that would mean everyone who watches porn is very likely to be a rapist. Better convict anyone who reads yaoi too just incase they go out there and force some guys to have sex while they watch. And while we're at it, why not ban video games where you shoot people. That's illegal in real life, so if you do it in a simulation, you must be a murderer!
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sunflowerseed



Joined: 16 Nov 2008
Posts: 74
Location: South Texas

PostPosted: Sun Dec 14, 2008 4:09 pm Reply with quote
Chris Handley did not engage in sex with any one, he was not arrested for kidnapping a child, or having consensual or non-consensual forced sex with a minor or someone of any age under 21 or not.

Therefore half of his current case is a witch-hunt and must be thrown out. The witch-hunt attack the state and goverment are using on him is persecution in its finest explanation therefore charges should be brought up upon the mail man and the courts in Iowa.

Any resulting tag to Chris H. that says or states that he is a child predator or sex offender has to be dropped and removed at the cost of the state. Since the court is processing it as a case of child abuse and actual child rape, once again, the case has to be thrown out.

He can be processed for the disgusting obscene images charges if they were separate from that case but consideration must be added that it was a imported book that he never received so he didn't know the stores would go from PG to XXX.

Laws must differentiate between real photos and real art and real acts of human to human contact VS. cartoon books (fiction) and shallow stories in them. If any one has been charged and convicted in the past of physically assaulting abusing and having sex with any person who never came in contact with a real human being dead or alive the court must now also go reverse those rulings and change the law.

I support efforts to remove CP from all things. One thing I have noticed here on the forums and on other forums is people mixing up meaning of the words. A Lolicon is someone excited / interested in watching those under 17. A Pedophile is someone who HAS engaged in sex with a person who is under age. The pedophile once captured by law enforcement is then classified as a sex offender. The Pedophile is often a child predator in that they hunt chances to grab and abuse then often kill the child when they are done with them. Do not call a Lolicon a Pedophile.
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IturAdAstra



Joined: 12 Dec 2008
Posts: 4

PostPosted: Sun Dec 14, 2008 4:26 pm Reply with quote
sunflowerseed wrote:
Chris Handley did not engage in sex with any one, he was not arrested for kidnapping a child, or having consensual or non-consensual forced sex with a minor or someone of any age under 21 or not.

Therefore half of his current case is a witch-hunt and must be thrown out. The witch-hunt attack the state and goverment are using on him is persecution in its finest explanation therefore charges should be brought up upon the mail man and the courts in Iowa.

Any resulting tag to Chris H. that says or states that he is a child predator or sex offender has to be dropped and removed at the cost of the state. Since the court is processing it as a case of child abuse and actual child rape, once again, the case has to be thrown out.

He can be processed for the disgusting obscene images charges if they were separate from that case but consideration must be added that it was a imported book that he never received so he didn't know the stores would go from PG to XXX.



I don't know what to say to this other than "Not really." He is not being charged under the statutes directly relating to the abuse of children, but a very specific federal statute aimed at virtual pornography that depicts minors in sexual situations and is obscene. That's perhaps the very scary part, as this law equates the virtual and the real image of abuse in terms of punishment (18 USC 1466A) The judge presiding has already ruled that the case will not be tossed out for lack of evidence.

Though, it has to be said, even if he is convicted, he still has a chance on appeal as the Supreme Court has been willing in the past to overturn a jury's finding of obscenity (Jenkins v. Georgia), though in the latter case it was simply holding that the material at question (the Hollywood movie Carnal Knowledge) did not even begin to rise to the standard of obscenity outlined in Miller.
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Navak



Joined: 30 Mar 2006
Posts: 75

PostPosted: Sun Dec 14, 2008 4:49 pm Reply with quote
sunflowerseed wrote:
The witch-hunt attack the state and goverment are using on him is persecution in its finest explanation therefore charges should be brought up upon the mail man and the courts in Iowa.


I support efforts to remove CP from all things. One thing I have noticed here on the forums and on other forums is people mixing up meaning of the words. A Lolicon is someone excited / interested in watching those under 17. A Pedophile is someone who HAS engaged in sex with a person who is under age. The pedophile once captured by law enforcement is then classified as a sex offender. The Pedophile is often a child predator in that they hunt chances to grab and abuse then often kill the child when they are done with them. Do not call a Lolicon a Pedophile.


Again, this is a federal case. F-E-D-E-R-A-L. Under state law, there most likely wouldn't be a case, but if there was it would most likely be easier to win since there are more ways to defend against obscenity in Iowa, than at a federal level through the Protect Act.

The postal service appears to have done everything quite legally, so I'm not sure why you would want to go after them.

Personally I'd want to strike down a lot of customs rules that they're operating off of, but that is just me.

You have your definitions wrong too.

pedophile
–noun Psychiatry.
an adult who is sexually attracted to young children.

You don't need to act on anything, to be a pedophile.

Lolicon would just be a subset of pedophile in most situations.

Of course this depends upon what type of definition you're using, legal/literal/medical/et cetera.
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The Xenos



Joined: 29 Mar 2004
Posts: 1102
Location: Boston

PostPosted: Sun Dec 14, 2008 6:24 pm Reply with quote
I applaud Mr Horn's comments here. God bless the CBLDF. Heck, I got one of his books that has a couple of scenes of what could be classified as obscene virtual child pornography. Are the feds gonna bust down my door for owning Blood the Last Vampire 2002 published by Viz? What about a couple disturbing rape scenes in Berserk?

Reading manga or any fictional book should not be a crime. Reading manga or any book in America should not be like Reading Lolita in Tehran. The government should not ban books. They should not arrest people for owning drawings of fictional characters.

This is not actual child pornography. No child was harmed in it. Laws designed to protect children and track down the real criminals should not waste their time on this. If we start banning fiction and arresting people based on what some people think are obscene. Geez. That's a little too The Scarlet Letter, Fahrenheit 451 and 1984. Read them now, kids, just in case the government thinks those are obscene or seditious.

Tom Leher said it well. "I do have a cause, though. It is obscenity. I'm for it."

retty wrote:
This case is nuts. The law should be there to protect people, so how exactly does a guy looking at drawings harm anyone?
Yeah, it's not like he committed a real crime that harms people. Like having consensual sex with someone of the same gender or.. the horror.. trying to receive legal recognition of a marriage with this same sex partner. Wink

retty wrote:
Manga is totally fantasy. If reading that stuff meant you were a risk to society, then that would mean everyone who watches porn is very likely to be a rapist. Better convict anyone who reads yaoi too just incase they go out there and force some guys to have sex while they watch. And while we're at it, why not ban video games where you shoot people. That's illegal in real life, so if you do it in a simulation, you must be a murderer!


Good point. Reading lolicon or any 'obscene' manga is no more a crime than Grand Theft Auto is one. Fiction cannot be a crime. They're pretty much prosecuting the guy on a thought crime. I can't see any real action the guy or anyone involved has committed. Again, it's all way too 1984.
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petran79



Joined: 10 Jun 2006
Posts: 102

PostPosted: Sun Dec 14, 2008 8:04 pm Reply with quote
Great....another feast for lawyers.
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Mohawk52



Joined: 16 Oct 2003
Posts: 3858
Location: Celebrating Lindsey Hawker murder suspect arrest, in Basingstoke, UK.

PostPosted: Sun Dec 14, 2008 11:28 pm Reply with quote
Cait wrote:

Townsend wasn't convicted for "downloading child porn," as a lengthy investigation and search of his home produced not a single scrap of evidence or a single picture depicting a child inappropriately. It is a travesty that this man was put on a sex offender's registry for absolutely no reason (he accessed a website). Furthermore, the case you are referring to happened in the UK. It has no bearing on US law. I can't fathom something so ridiculous happening to someone in the US in the same situation. A jury here would never have found him guilty of doing what he "did" (which was nothing).
Yet. The point that he was highlights the gravity of the subject in civil society, and is what is to be expected by anyone who so much as opens a page of it on their computer, or imports it from an overseas book shop in any way, shape, or form. Those defending it may find that unfair and rediculous, but I'm afraid the majority disagree.

@ Dormcat: Though the Bonobo monkey is observed to be closer to humans than chimps by their excessive sexual promiscuity. I can't find any report that has observed them copulating with their prepubescent young. Apologies for "f"ing my "ph"s sir, I shall try harder in future. I'll just get my coat. Arrow
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dm85



Joined: 21 Nov 2008
Posts: 15

PostPosted: Mon Dec 15, 2008 12:03 am Reply with quote
I guess that's another underlying problem. He's getting judged by a group of his peers that most likely think on a different logic/moral wavelength. Most human beings are biased and even a judge is prone to it. Justice is blind and therefore can't judge based on appearance. It's supposed to be fair and balanced, use logic and facts and come to a decision that's fair to the prosecuted. The problem is humans have different standards, make laws that are unfair and sometimes punish those that don't deserve it. It just seems like they found a giant loophole to jump through.. I guess the "obscenity" law itself is the problem.
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The Xenos



Joined: 29 Mar 2004
Posts: 1102
Location: Boston

PostPosted: Mon Dec 15, 2008 1:24 am Reply with quote
An interesting note is that it seems that the Miller Test of obscenity applies to this case.
http://en.wikipedia.org/wiki/Miller_test
which I guess is better than the old standard
http://en.wikipedia.org/wiki/I_know_it_when_I_see_it
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Ganryu



Joined: 05 Mar 2005
Posts: 89

PostPosted: Mon Dec 15, 2008 8:40 am Reply with quote
Mohawk52 wrote:
Cait wrote:

Townsend wasn't convicted for "downloading child porn," as a lengthy investigation and search of his home produced not a single scrap of evidence or a single picture depicting a child inappropriately. It is a travesty that this man was put on a sex offender's registry for absolutely no reason (he accessed a website). Furthermore, the case you are referring to happened in the UK. It has no bearing on US law. I can't fathom something so ridiculous happening to someone in the US in the same situation. A jury here would never have found him guilty of doing what he "did" (which was nothing).


Yet. The point that he was highlights the gravity of the subject in civil society, and is what is to be expected by anyone who so much as opens a page of it on their computer, or imports it from an overseas book shop in any way, shape, or form. Those defending it may find that unfair and rediculous, but I'm afraid the majority disagree.

@ Dormcat: Though the Bonobo monkey is observed to be closer to humans than chimps by their excessive sexual promiscuity. I can't find any report that has observed them copulating with their prepubescent young. Apologies for "f"ing my "ph"s sir, I shall try harder in future. I'll just get my coat. Arrow


But what other people dislike is not supposed to be illegal. Then you are no better off than in a theocratic shithole where it is illegal to name your teddybear Mohammed.

I also strongly dislike your attitude, because you seem to agree with the majority's oppression of the minority.
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mangastolemysoul



Joined: 15 Dec 2008
Posts: 1

PostPosted: Mon Dec 15, 2008 9:11 am Reply with quote
Ok, first off: this is nuts. 20 years?!

How can we give someone 20 years in prison for privately owning one or two slightly pornographic pictures in a manga, while America just shoves sex into your face?

I'm a minor, but I walk into a 7-11 and get smacked in the face with porn magazines. I went to CVS to buy a new toothbrush, and right next to them is an aisle of Harlequin romance novels. Sex is all over TV, I get emails telling me I can enlarge a certain piece of anatomy I don't even possess, and every other webpage has an ad that says "meet sexy singles in your area NOW!!"

Let me first say this: if AlienX18th century aristocrat named Melisandra, and women with oversized breasts riding motorcycles with chainsaws is legal, why isn't "obscene" manga?

Have you ever read Lolita? It's considered a literary classic, but it's about pedophilia.

We in America are so concerned with protecting innocence/morals, but as a country, do we see how insane we're being? I want to meet this suit with a stick up his butt who can say "Playboy is perfectly fine, but manga is just disgusting."
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ikillchicken
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Joined: 12 Feb 2007
Posts: 2515
Location: Vancouver - Go Canucks Go!

PostPosted: Mon Dec 15, 2008 7:51 pm Reply with quote
Just as a couple points of clarification: As 'Lolita' is considered a literary classic it would therefore be acceptable under the guidelines that exempt anything with literary or artistic value.

Also, nobody is saying Playboy is fine but Manga pornography is bad. That's not really the issue. It's an issue of manga with sexually explicit content involving children. So really, it's real life equivalent, actual child pornography, would be considered absolutely as bad if not worse.
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Dorcas_Aurelia
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Joined: 23 Jul 2006
Posts: 3075
Location: Philly, PA; stupid Yankees.

PostPosted: Mon Dec 15, 2008 11:44 pm Reply with quote
ikillchicken wrote:
Just as a couple points of clarification: As 'Lolita' is considered a literary classic it would therefore be acceptable under the guidelines that exempt anything with literary or artistic value.

Also, nobody is saying Playboy is fine but Manga pornography is bad. That's not really the issue. It's an issue of manga with sexually explicit content involving children. So really, it's real life equivalent, actual child pornography, would be considered absolutely as bad if not worse.

Lolita is a literary classic now, but you can be certain that when it was first written people were outraged.

Claiming that the real life equivalent of manga depicting underage characters is child porn ignores the point that no children were used/abused to make it. Also, haven't we been over the point that if child porn was the issue, he would have been charged with it, but he hasn't been, so it's not?
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ikillchicken
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Joined: 12 Feb 2007
Posts: 2515
Location: Vancouver - Go Canucks Go!

PostPosted: Tue Dec 16, 2008 4:22 am Reply with quote
Ug. Some of you need to take a step back from all your righteous indignation. Read what I wrote again. Does it read: "OMG! Lolicon is teh evil and he should go to prison for 9000 years where he will be raped in the bum which he deserves!!!!!1!!1" No, no it doesn't.

So what are you even on about? Of course I "ignore" that point. It has nothing to do with what I said.
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Ichigo069



Joined: 31 Aug 2008
Posts: 18
Location: Hinamizawa

PostPosted: Tue Dec 16, 2008 8:25 am Reply with quote
PROTIP: Until this is settled, Hide your Tenma COMIC LO issues.....
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