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The Edges Of Child Pornography: What Should Be Legal, What Shouldn't?

If so, what kind of legal advice are they getting????? :jaw-dropp
'You've got scratch marks in your face, the neighbours heard her scream. Man, you're scr**ed unless you can convince the jury that you misinterpreted her 'signals' as indicating that she was just a very hot, passionate woman who wanted to turn you on by pretending to put up a fight.'
Or maybe: 'She actually wanted it rough, but later she regretted it and made up a bunch of lies.'
Something along those lines, I guess.

If she tells you that it hurts, if she says no, you stop! It may be very annoying, you may even be on the verge of coming, but you should always stop. The men who continue are idiots whose heads are full of law: 'I am in the right to continue, and the jury will believe me rather than her if it comes to that.'
 
Could you be more specific? You link to a page with about fifty different articles, mainly about a case where the accused were acquitted.
In cases involving children it wouldn't help the accused in court to claim that the sex were consensual, so the lawyer probably wouldn't advise him to say so.
 
Could you be more specific? You link to a page with about fifty different articles, mainly about a case where the accused were acquitted.
It was the story with the cops who got acquitted. They claimed that the sex was consensual and the jury believed it. Interestingly, thanks to a couple of pieces of evidence which weren't allowed to be presented, the rest of the country - which heard about it after the event - probably goes 80/20 in favour of guilt. Complicated and dirty little case. The main character, Clint Rickards; Assistant Commissioner of Police, has at least one rape charge brought by a different woman, still pending. He was rated #3 cop in NZ before he was suspended - this is a very big fish and there are parallels with the Zuma case from South Africa.
In cases involving children it wouldn't help the accused in court to claim that the sex were consensual, so the lawyer probably wouldn't advise him to say so.
Well, he tried it anyway and it didn't do him any good. Still, he was so deep in it that it didn't make matters worse, I guess.
 

Those cases seem to involve men who claimed that sex was consensual.

I thought the claim was that their defence was that the women "wanted to be raped". Isn't rape almost by definition non-consensual? In what sense can a man who says that a woman consented to sex be said to be claiming that she wanted to be raped? Surely what he's saying is that there was no rape at all?
 
Those cases seem to involve men who claimed that sex was consensual.

I thought the claim was that their defence was that the women "wanted to be raped". Isn't rape almost by definition non-consensual? In what sense can a man who says that a woman consented to sex be said to be claiming that she wanted to be raped? Surely what he's saying is that there was no rape at all?
You're nearly there. It wasn't actually my statement, but the gist of it was two-fold - some men think women want to be raped. In defence, they can, and do claim, that it was consensual.

Sometimes, as shown by the first link, it works.
 
Yes, I disagree with your interpretation:
How so? You are still making the same claim about rape and still singling out pornography to focus upon, even when I specifically mentioned mainstream literature written by women you don't seem to honestly consider it.

1) What is pornography? Texts, photos or films with the purpose of being masturbation fantasies. To avoid misinterpretation: Other kinds of texts, photos or films may also be used as masturbation fantasies even though it's not their purpose, the same way a crate may be used to sit on. You can use it as a chair, but it is not a chair, and most people are able to tell the difference.
You seemed to have missed the point. Which do you think is going to be more influential on an individuals construction of reality, a porno mag or respected “literature”? Or how about a fantasy told (or a book given) to a someone by their lover?

2) For this reason pornography tries to deliver the fantasies that turn its customers on, and luckily most of these customers (if they are straight men) seem to be turned on by fantasizing about women who enjoy sex, who want to have sex and who have sex.
No particular disagreement.

3) Some men are turned on by the fantasy of women who have sex with a man in spite of their aversion to it, a variation of SM fantasies. In the fantasy world of pornography they mostly end up enjoying it. This is on the one hand a consolation since it tells us that these men do not actually dream of hurting women, but on the other hand it is a very dangerous fantasy because some men may think that women actually want to be raped.
Again, you are focusing upon (male designed) pornography and ignoring other (female designed) literature/media and real life. Let me give you some examples:

I’d say the book the Fountainhead is far more influential then any “pornography” that you can come up with in this regard, not only does it contain an emotionally very brutal rape scene (it’s the victims first sex and she is turned on by the rapists anger and scorn towards her and actually would have been turned off by something like passion), the rapist is explicitly described as the “ideal man” by the author. This book was written by a woman, who actually started her own philosophical/political movement and the book was given to me by a woman who was giving me very mixed signals about how I should be with her.

Or how about the movie Gone With The Wind for that matter. As G-rated movie (all ages, like a Disney cartoon) you don’t actually see the rape, but it sure is implied but the next scene shows the rape victim rather cheery, watching this movie as a teenager with a sort of girlfriend (different girl then above) I said “what’s she so happy about?” to which my friend replied (this verbatim), “Every women wants to be swept up by the man she loves.”

Or how about this, another, different girlfriend who clearly had some sort of submissive tendencies that were surfacing in our interactions but was reluctant to talk about them when asked. Instead she bought me a bunch of Nancy Friday books and the The Story of O (BDSM sex slave story). The Nancy Friday books were mostly about actual accounts of womens fantasies (there is sociological fluff in between fantasies), and my girlfriend would just tell me the ones she liked a lot. Noteworthy that besides there being a hell of a lot of rape and BDSM fantasies some of them clearly intersected reality and though they were certainly a rarity some women did report enjoying being raped, or hoped that they actually would be raped.

4) They don't!!! Even the (not insignificant) minority of women who sometimes fantasize about being raped don't actually want to be raped.
What percentage of men that fantasize about having sex with children do you think would actually want to have sex with children? Does it honestly seem reasonable to believe the answer is zero percent?

Now imagine if the pedophile knew there would be no chance of criminal prosecution and that the child wanted it to happen. Still zero percent? Now relate it to a rape fantasy where the person fantasizes that they are the victim. It’s a rather huge point, for the person who fantasizes about being a rape victim concern about criminal prosecution or guilt for having hurt another is very different then the victimizer. It would seem to me to that would make it far more likely to be a fantasy that a person would try to actualize.
(Reminder to potential rapists: There is a big difference between a woman's fantasies of being raped by Brad Pitt and her being raped in reality by you.
Absolutely, of course, but doesn't this principle pretty much relate to ALL fantasies. While the concern for misunderstandings regarding rape fantasies is 100% understandable if someone where to tell you they fantasized about having sex with multiple partners, or in an unusual locale, or with some kinky foodstuffs etc . . . you wouldn’t then assume ANY person could fulfill that fantasy, would you?

And to use your own example, what percentage of women that fantasize about being raped by Brad Pitt do you think would actually be traumatized by being raped by Brad Pitt, just like their fantasy? Do you really think the answer is zero percent?

She is in control of her fantasies, she is not in control when she is being raped!)
Yet, it’s often specifically a fantasy about not being in control. The person can fantasize about anything in the world and yet they pick a fantasy where they act like they don't want the fantasy to happen, and that turns them on. How can you be so sure of how that plays out in reality with every person?

5) The idea that women want to be raped is probabably as common among men with rape fantasies as the idea that children want to have sex with adults is prevalent among paedophiles.
The idea that some women in some situations want to be raped is true. I know this for a fact, and if you answered to the above questions regarding percentages with a number other then zero then I don’t see how you could logically not agree with me?

A somewhat confusing matter is that some women in my experience use the inaccurate definition of rape being when a person is forced to have sex when they don’t want to when the actual definition is forced to have sex when they communicate (or are unable to communicate) they don’t want to. There is a huge difference between the two, the difference has come up big time with two women friends of mine who had experiences with other women who made it sound like they had been raped because they later said to others that didn’t really want to have sex, but they hadn’t communicated that at the time (according) to my women friends and they thought just taking the lead in the interaction. On the otherside I’ve known women who would say "no" and just expected the guy in certain circumstances to understand they were just playing and not take them seriously.

I once had a discussion with a former girlfriend (a different one not mentioned so far), who was older and much better educated then me, about these issues. She got offended at me saying I didn’t think “no” always meant “no”. I replied, “how can you get offended when you’ve done that yourself?” Her response, “That doesn’t count because you knew I didn’t mean it.” Yet, I was speaking of our first sex together and we had no discussions about any sort of fantasies, role-play or BDSM talk at all. So how did I know? Was that rape?

When on trial many rapists will use this idea as an excuse for their crime.
This is one of the “ramifications” I spoke of earlier, what if that idea is true? Did you answer “zero percent” to all those questions above?

Instead of trying to intelligently deal with this issue at my college (and I’ve heard similar stories from friends at other schools) women were learning in Intro to Feminism that if a guy has sex with a women who is drunk then it’s rape (oddly, nobody in that class seemed bring up the question of is it rape to have sex with a drunk guy, or consider why women were so readily going to parties and getting drunk) and the Sex and Communication counselor was preaching that guys had to ask for verbal permission at every stage of intimate progression with a women (“can I kiss you?”, “Is it ok if I put my hand on your breast?” etc. . .). They were so out of touch with reality it would have been comical if there weren’t diverting energy from the very real problems they were supposed to be dealing with. I think they let themselves get so emotional that they stopped being rationale (sound familiar?).

6) SM and rape fantasies are perversions of sexuality: to fantasize about having sex with someone who does not want to have sex with you, to rape them, to hurt them.
You left out the other half, to fantasize about being made to have sex with someone you don’t want to, being raped, being hurt.
These fantasies are easily explained when you consider the attitudes to sexuality and free will prevalent in our societies, but perversions nonetheless.
Please elaborate, as you said it is “easily explained” so do so! Seriously! I’d really, really, really like to hear your explanation.

7) This, by the way, also implies that I don't single "out pornography for blame in perpetuating the idea that rape can be enjoyable",
I’m having hard time understanding how you can think you can reasonably think that you did not, maybe you are confused about what “single out” means. It means to: “select from a group”
http://www.thefreedictionary.com/single+out

Even in your longer explanation you failed to meaningfully address how the information via non-pornographic sources might be more influential (and I’m arguing it is much more so) in any way while also neglecting the possibility that personal experience AKA reality was a factor.

but apart from rapists there are not many people who actually believe in this idea.
Well there are the people that can imagine a situation where being raped could be enjoyable for them, or or the people that have been raped that viewed it as completely non-traumatic/enjoyable, or the people who consider normal sexual relations to contain a level aggression that would meet the common definition of them being raped. Considering I’ve known first hand all of those different types of people your view of human sexuality seems rather ignorant and lacking in empathy to me.

Research would be a better way to make my argument of course. There was a done in the early 90’s, IIRC conducted by two women professors at a Texas University where they asked a bunch of the female students if they ever said “no when they meant yes?” Want to make a guess as to what percentage said they had?
What Christian (or Moslem) fundamentalists actually mean when they say that scantily dressed women are asking to be raped is that they are sluts who deserve their fate (worse than death) if they are raped. It is a way of condemning a behaviour that they don't approve of. (And remember: A woman may actually dress in a certain way because she wants to get f***ed that night, but that still does not mean that she wants to be f***ed by you.)
I’m pretty sure you are confusing me with someone else.
 
I figured, I was just having an Orwell moment and making sure you were using the trendy ambiguous word rather than the one that fits.
It's not ambiguous if you know what it means. I'm not sure if it is "trendy" or not.

The possibility exists that childless kiddie-porn may encourage actual abusive behaviour.
The possibility exists that "childless kiddie-porn" may discourage actual abusive behaviour.
The possibility exists that "childless kiddie-porn" may not have any effect whatsoever on actual abusive behaviour.

We do not know.

THE PROBLEM IS, most people and the prevailing laws (which you support) assume the first is true, without evidence. Further, such laws and the assumptions inherent in them have an ultimately deleterious effect on freedom of expression.

If I were worried about freedoms being removed, the last horse I'd be backing would be the one with the least popular support and I think you'd find your proposal fits that bill.
Well, with all due respect, nothing you've said on this thread about your understanding of political behaviour or your own personal dealings with your fellow man convince me you are the best person to take advice from in such matters. I'll keep to my own counsel and keep "backing this horse". I already told you once why I so choose to do.

I can see your points with 100% clarity and I've belaboured the fact that it you had evidence, I'd agree with you.
Then can you understand why I find it hard to understand why, lacking the same evidence for the other side, you choose that one? Especially since the same people you are backing are the ones who are just as readilly going to come after the atheists as well?

Would you be surprised if your idea found very little popularity in the mainstream?
I've already said otherwise.

What you need is some hard evidence that provision of the kind of porn you're talking about has a positive effect.
No, actually, I just need to get people to understand that it is wrong to restict material that does not have a directly causative, deliberate and egregiously harmful effect.

Sorry, I thought as a sceptic, you'd be familiar with the magical properties of the number Seven. Seven is the number of power and most genuine psychics are seventh children. I am one, as was my father.
Okay. I thought it was some NZ thing.

Suggesting that if child abuse still happens, the answer is to relax the law is just drawing that long bow again. Shall we remove the law against bars serving too-drunk patrons to try and cut drunk-driving?
Here we get to the basic problem both you and dann are having. You cannot separate fantasizing about something and doing something.

I am not advocating relaxing laws about actually harming children. To correct your analogy, What we have in place right now are laws preventing people from watching movies, listening to songs, or reading stories about people drinking because some of people want to drink, and some of those people do drink, and some of those people drink then drive, and the majority of that tiny segment of the people who watch the movies, listen to the songs, and read the stories hurt people when they drink and drive.

I want to get rid of the laws restricting the media, and put in place laws that directly address the drunk driving- laws that are researched with reason and science, instead of based on emotion, superstition and religious dogma.

If we don't know about it, it's awfully hard to address.
"Before we [can] even [do the necessary research], we have to convince people the studies are even worth doing- and that means hacking away at millenia of accumulated superstition and ignorance."

LOL! Not Lennon burning them, but his stuff being burned. "We're more popular the Jesus, us lads" wasn't a popular sentiment.
That puts the pornographers in very good company, doesn't it?

What I am interested in is clear answers to these questions:
Are the existing laws regarding the restriction of explicit materials that do not harm children in their production doing an adequate job of protecting children from harm?
Unknown. Your own admission is that evidence is incomplete
Um, no. Not on this part. Children are still being victimised. Illegal explict materials are still being created and distributed. One effect that the current laws are having is that the creators have very little incentive to not use real children in the creation of the most extreme explicit materials. There is a trend as well to use adults posing as borderline-age children, which is a definite positive for those concerned with reducing the involvement of children in the production of explicit materials.

Are there any benefits to restricting from adults any material that does not cause harm to another person?
Unknown. Your own admission is that evidence is incomplete
I admitted no such thing. I gave you plenty of evidence that it is harmful, you have none that it is beneficial. So what reason is there to do so apart from religious or political control?

Is there any compelling reason why explicit fantasy materials about children but not harming children should be treated to a different standard than explicit fantasy materials about adults but not harming adults (or children)?
Unknown. Your own admission is that evidence is incomplete
Nope again. The only thing for which I said that there was insufficient evidence was the specific effect that explicit materials featuring children have on a sexual offender that targets children. This non-answer isn't even relevant to the question.

You are the one that supports the current laws, laws that treat explicit fantasy materials about children but not harming children to a different standard than explicit fantasy materials about adults but not harming adults (or children). Laws that recognise an illogical, ill defined separation between "pornography"- which pretends to know the motives of the creators of the material, and "art" which can and is used for the same unpleasant purposes by a segment of end users. These laws are clearly and indisputably rooted in religious dogma from a century ago.

My question is- and it is a question I grow less confident you have an answer for- is WHY you support those laws?
 
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Sorry, Pisc, but for me, this conversation has turned into a waste.
Sorry you feel that way.

Dann's covered this: People are intentionally missing points, primarily because they either groove on being outraged, or because they have their points that they want to make, and they can only be made by twisting the arguments made by others.
Dann is missing points because he's so wrapped up in his premises- premises which are likey based on religious or cultural upbringing and are demonstrably based in ignorance- to grasp an argument based otherwise.

My biggest dread here is that Dann's excellent post about what constitutes pornography will be twisted and mangled, and the gist of it will be lost in the infighting that will follow.
Which one? The one I asked you about was based in ignorance and is irrelevant to the issue.

And one more thing: I'm sorry that there are people here who cannot, or worse, will not acknowledge or even try to comprehend Sling's pain.
I do acknowledge it here. I'm sorry, Sling. I'm not advocating lowering consent or that there is any benefit whatsoever to having sex with children. I want to stop children for being harmed as much as you do- or you, Toad. Just because I disagree that our current method of demonisation of the perpatrators is ineffective, just because I don't think trying to excise the very concept from human discourse will do so (or is even possible), and just because I dare to question the conventional "wisdom" that currently prevails does not mean otherwise.
 
It's not ambiguous if you know what it means. I'm not sure if it is "trendy" or not.
It is very much ambiguous, especially in that context. Hint: the description you chose was 4th on the list. #1 & #2 could equally apply. The use of it as an alternate to the simple "understand" is fairly recent, I've found. Trends come & go.
The possibility exists that "childless kiddie-porn" may discourage actual abusive behaviour.
The possibility exists that "childless kiddie-porn" may not have any effect whatsoever on actual abusive behaviour.

We do not know.
:bigclap

THE PROBLEM IS, most people and the prevailing laws (which you support) assume the first is true, without evidence. Further, such laws and the assumptions inherent in them have an ultimately deleterious effect on freedom of expression.
Unless, of course, the first is true. I'm not saying that's likely, but you must allow for the possibility.
Well, with all due respect, nothing you've said on this thread about your unterstanding of political behaviour or your own personal dealings with your fellow man convince me you are the best person to tke advice from in such matters. I'll keep to my own counsel and keep "backing this horse". I already told you once why I so choose to do.
No skin off my nose, that's how forums work, eh?
Then can you understand why I find it hard to understand why, lacking the same evidence for the other side, you choose that one? Especially since the same people you are backing are the ones who are just as readilly going to come after the atheists as well?
Oooh, I relish that day! Bring them on! Thing is, the country I'm in, you're talking about a dying challenge in terms of religion. Christians are not admired here - the country with the only openly agnostic Prime Minister on Earth!!

I don't know whether you read about the proposed NZ law change I discussed at the start, but it's completely relevant. NZ has one of the most, liberal governments around. Despite that, anything which even mentions "child porn" or "underage sex" is immediately given up for public hanging. I know it's worse than that in many parts of USA, as you admit with the atheist comment. I repeat, if you're worried that the moral right is going to attack freedoms you already hold, I'd be building ramparts against that instead of fighting for relaxation of porn laws.
I'll give you unders on 15 years.
Done! A bottle of Glenfiddich Solera Reserve 15 Year Old (scotch) would be appropriate!
Here we get to the basic problem both you and dann are having. You cannot separate fantasizing about something and doing something.
No, that's pure bollocks. I know exactly what you're saying and doing.
Nope again. The only thing for which I said that there was insufficient evidence was the specific effect that explicit materials featuring children have on a sexual offender that targets children. This non-answer isn't even relevant to the question.
Sorry, you're right, the answer to that question was "no". I misread it and you specified that "as long no harm is done". That is the bit we lack evidence for, so as stated earlier, I'd happily support a change if is shown that harm isn't done. My answer to the question asked should have been "no". Lack of harm was a given in the question.
You are the one that supports the current laws, laws that treat explicit fantasy materials about children but not harming children to a different standard than explicit fantasy materials about adults but not harming adults (or children). Laws that recognise an illogical, ill defined separation between "pornography"- which pretends to know the motives of the creators of the material, and "art" which can and is used for the same unpleasant purposes by a segment of end users. These laws are clearly and indisputably rooted in religious dogma from a century ago.

My question is- and it is a question I grow less confident you have an answer for- is WHY you support those laws?
I think I've explained this enough times, but here we go again!

As long as insufficient evidence exists for a change, I fail to see change as anything but change for the sake of change. Accordingly, I see no need. Pretty simple concept.

Probably, the fact that this rates about 1000th on the list of things I see that need fixing may have something to do with the difference in our passion on the subject, but I think you have it all out of proportion.
 
Unless, of course, the first is true. I'm not saying that's likely, but you must allow for the possibility.
Of course it is possible. But assuming the answer without evidence is illogical and dogmatic. Which I oppose. Which I feel hampers finding the facts, because people default to "obvious" answers.

I repeat, if you're worried that the moral right is going to attack freedoms you already hold, I'd be building ramparts against that instead of fighting for relaxation of porn laws.
Would you rather treat a tumor when you first detect it, or would you wait until it metastasises?

Done! A bottle of Glenfiddich Solera Reserve 15 Year Old (scotch) would be appropriate!
Heh, that was left on there by mistake, but if you get up here you're on. Scotch is my drink too.

No, that's pure bollocks. I know exactly what you're saying and doing.
Great, tell me why I'm wrong in this.

As long as insufficient evidence exists for a change, I fail to see change as anything but change for the sake of change. Accordingly, I see no need. Pretty simple concept.
So you are in favour of supporting the status quo even when it means restricting freedoms, failing to prevent harm to children, and hampering any effort to effect improvements.

Probably, the fact that this rates about 1000th on the list of things I see that need fixing may have something to do with the difference in our passion on the subject, but I think you have it all out of proportion.
Really. What come ahead of combating the abuse of children? I thought you said we had to hold the welfare of children to a higher standard?
 
We're just going round the mulberry bush now.

All of the questions can be summed by the many-times-repeated answer - lack of evidence. When the evidence comes to light, let me know.

Time to move on.
 
I've yet to hear a case made by those who support pseudo child pornography being legal, that actual child pornography, made exclusively by the child when they were a minor, and distributed by that same person or their agents when they're of age shouldn't be legal. But at the same time, I haven't read anyone else agree with me on this. Those of you who support pseudo child pornography being legal, do you support this type of child pornography being legal too? If not, why not?
 
We're just going round the mulberry bush now.

All of the questions can be summed by the many-times-repeated answer - lack of evidence. When the evidence comes to light, let me know.

Time to move on.

What do you need evidence on? That the trade in explicit materials that directly and egregiously harm children in their creation are produced and traded, desipte the myriad of laws to the contrary? I can get you that, but I thought that at least was evident.

Do you need to see evidence the laws are inconsistant and obviously based on flawed criteria? Becase that's available.

Do you need to see evidence that the current laws are religiously based? That's available.

Do you require evidence that most laws in this arena are not written to limit the abuse of children, but instead focus on controlling and punishing "unacceptable" thought? Because that's out there too.

Do you need evidence that the prevailing definitions of "pornography" under the law assume that knowledge of purpose of the work or its creator be know, without clear, objective criteria for determining it? Because they are written that way.

Do you perhaps need evidence that most of the prevailing laws recognise "art" as being distinct from "pornography" yet have only fuzzy subjective definitions between the two? Because that is written in to the laws as well.

Do you perhaps need more evidence that restricting materials which are not harmful to anyone is in itself inherently harmful?

Do I need to prove to you that adults are not children, even when they pretend to be?

Do I need to prove to you that unpleasant information is sometimes necessary?

What evidence do you need? The only evidence I said we don't have is what specific effect explicit materials featuring children have on a sexual offender that targets children.

Stop the caucus race and Pop, weasel. :)

Here's a young lady saying exatly what I have been, and she has research.
 

I do appreciate your reply (the only one I've yet received on this topic, I believe).

Piscivore said:
LEGALLY, however, there are a few problems. How does law enforcement determine that the product being sold actually depicts the persons doing the selling? What about resales? What about the can of worms it is going to open from the people that are going to be trying to videotape 15-16 year olds, waiting a few years, then getting their consent- or just faking the consent forms outright? What about the ones that are going to claim that since an adult has a legal right to sell explicit videos of him- or herself as a minor, a parent or legal guardian has the right to give consent for the minor to participate?

No, I think there are far to many problems and far to few people that would potentially benefit for that to be a good idea.

I think you commit the same logical flaws (or at least the same logical approach) here as the opposers of pseudo child pornographry on this thread do, and for which you criticize them. Basically you say it would be tricky and bad things could happen. But why do you justify using that affirmatively here to restrict people selling pornographic imagery of themselves as a child when they're adults, but yet you're against people affirmatively using concerns about pseudo child pornography to restrict pseudo child pornography?
 
I think you commit the same logical flaws (or at least the same logical approach) here as the opposers of pseudo child pornographry on this thread do, and for which you criticize them.
I don't think so. Which ones?

Basically you say it would be tricky and bad things could happen.
Not exactly. The issue about "pseudo child porn" vs. "real child porn" is comparing oranges to apples. What you are talking about is making an exception for a certain tiny variety of apples.

But why do you justify using that affirmatively here to restrict people selling pornographic imagery of themselves as a child when they're adults, but yet you're against people affirmatively using concerns about pseudo child pornography to restrict pseudo child pornography?
Well, first of all, forget "pornography", the term is subjective and meaningless. It shouldn't make any difference whether the intention of the seller is to sexually exite the customer or not. A picture of a masturbating teen is a picture of a masturbating teen, regardless of if it is being sold for spankage or esthetics.

Second, an explict image of an adult posing as a child is an explicit image of an adult. An explicit image of a child is an explicit image of a child.
An entirely artificial (painting, drawing, CG, etc.) explicit image of a child is not an explicit image of an actual child (with the understanding that when it is an artificially created image of a real child, it is no different than photography or video. Determining the difference is reasonable in principle.

An explicit image of a child sold by the subject as a consenting adult is an explicit image of a child.
An explicit image of a child sold by the some other adult is an explicit image of a child. Determining the difference would be nigh-on impossible.

The concerns about explict images of an adult posing as a child are all thusfar based on subjective and irrational criteria- mostly only that the very idea makes people uncomfortable.

The concerns about explicit images of actual children are not subjective. Quite often these children are harmed, deliberately and egregiously, to create this material. It would be hard to verify which images- especially the "amatuer" kind you are proposing- are actually the result of the unlikely scenario of which you speak or the result of the more common type that harms children and only pretends to fit your exception.

Hope that clears things up.
 
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Here's a young lady saying exatly what I have been, and she has research.

I'll ignore your first ten questions, being irrelevant. The eleventh asks, "What evidence".

I have explained to you ad nauseum where your evidence is lacking.

It appears to me, reading your last post, that you're one of the types who so badly hate to lose an argument that you've gone right back to the first step of it, knowing that I cannot be bothered saying the same thing over and over and over and over... In the end, you're a bore. I had hoped for better.

:s2:

(p.s. even the link you gave was a case of shifting the goalposts, so I'll ignore that, too. Ever wonder why nobody hears your message?

In case you missed it, I'll give you another hint:

:s2: )
 

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