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Since the only person physically harming the child is the person taking the photos, or the people in case there is more than one, why punish everyone else? There must be a reason for that.
Well, that's sort of what we're discussing. In the case of porn made with non-consensual subjects the crime is in the production, and I can understand criminalizing anything which makes that production financially rewarding. This seems to be the distinction being made between virtual and real child porn, but it would be equally valid if the subject were a real rape, or a real murder. The supporters of the law assert that there are reasons beyond that. This is where opinions diverge. The assertion that such material inspires inappropriate behavior where none would have occurred otherwise is the reason offered. I think that that reason is flawed, since no data can be provided to support it, data that one would think to be trivial to accumulate if the incidence of such behavior approached a justification for criminalizing large groups of otherwise innocent people.
Another thing swirling through my mind. Why, if I were to start having siezures or diabetic blackouts could I lose my drivers license, even though it had never happened while driving?
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Yes, you could, if they happened more than a few times without attributable causes, or were of certain diagnoses.
This analogy isn't very appropriate, though. Someone has seizures. Obviously, if the seizures are unpredictable there is no way to assure that one won't occur while driving without extensive medical verification. Driving is not a privilege open to everyone because of the obvious,
demonstrable potential for serious injury. That's why we don't want blind people or infants (among others) behind the wheel.
What's important is that this scenario starts with someone having seizures. To pursue it in our frame of reference concerning virtual or consensual porn the comparison would have to begin with, "Somebody abuses a child..."
That's not the initial step we're dealing with in "Somebody watches virtual porn. Your analogy would be more appropriate if it went, "Somebody sees a person have a seizure on video, let's take away his driving privileges."
Precautionary laws/rules/guidelines simply aren't anything new. It *has been* shown that pedophiles use child pornography. And then the argument becomes, well, but not "virtual" child pornography, that's different. Right?
Wrong. "It *has been* shown that pedophiles use child pornography." is a
correlation. It has
not been shown that porn causes child abuse that would not have otherwise occurred. It has been tried very hard to show that by people whose only agenda is to make that connection. They have failed.
There are people who enjoy BDSM fantasy videos. Some may be abusive sadists who will act out. Most probably aren't and won't. Do you think that those videos
cause people to become abusive sadists who were not already or would not have otherwise become so? Do you think that the total absence of such videos would effect a significant change in the number who already are?
If your answer to the second question is yes, for whatever reason, then the follow-up is... do you think that such change is of sufficient significance to
criminalize anyone else who is in
any way associated with
anything that
might be construed as a fantasy BDSM image?
In essence this is what is being pursued with the criminalization of virtual child porn.
But let me ask a question about that. Does anyone seriously think that pedophiles purchase and distribute child pornography because they want a specific photo of a specific child so they can get to know them better? It seems to me that, aside from the person making the pictures, beyond that point, to pedophiles, a child is nothing more than an object. They have a use for those photos. It has nothing to do with any particular child. I seriously doubt they give a flying fig about the name, or even the age (unless they prefer younger or older and are dissatisfied with their purchase for that reason). Some probably don't even care about the gender. They are objects, at that point. How would that, to a pedophile, be any different, sincerely, I really don't understand this, than a "virtual" child that doesn't really exist? I'm not asking about the crime of child pornography. What I want to know is, to a pedophile who collects child pornography, do you really think it matters if the child is "real" or "virtual"?
Of course it doesn't.
Much of this discussion is complicated by the emotions implicit in the subject of children. If every instance of "child porn" in our conversation were to be replaced with "non-consensual porn" the assertions being made might be identical, but the tenor and emotive value of the conversation would, I expect, be starkly different. There is a certain "Think of the Children!!!" distortion at work.
Long before there were computers, or videos, or film, and probably even before text there was rape. No one has successfully demonstrated that the introduction of any of these media has increased the incidence of rape.
Rape is not a primarily sexual crime. (That's the mantra, right?) Rape is a crime of violence. It is abuse, usually against women. Abuse against women is not only sexual. Child abuse is not only sexual. By statute any sexual contact between an adult and a child is abuse.
We're not treating these situations as the equivalent concepts that they actually are. The "Think about the Children!" emotive steers us away from rational comparison.
The point has been made many times in this thread that if criminalization by legislative fiat is an appropriate social reaction to any potential for child porn then by extension it is equally appropriate for an astonishing range of other images and representations. This point is consistently either glossed over, ignored, or drowned out in "Think about the Children!" appeals.
The issue with child porn involving real children isn't that it's porn, it's that it is abuse. It is a real documentation of real abuse. It isn't that the topic is criminal, it is that
the act of creating it is. We create, disseminate, and view fictional representations of criminal acts so ubiquitously that it is nearly impossible to avoid them. Imagine if
all of those were treated with the same Draconian spirit as the families with bathtub pictures, or some guy who collects comics.
The core conflicts in this discussion can be equally well served by asking why they are not, and providing some verifiable intrinsic difference to justify that.
There is an elephant in the room where pornography is concerned. That elephant is the assumption that there is something essentially bad in any pornography, and only the prevalence of demand justifies any tolerance at all. This is specious reasoning based on a moral authority. It says that all porn is bad, and we're going to pick out the stuff that isn't
too bad and let that slide, and we're going to punish anyone who crosses whatever line we happen to allow at any given mood we happen to be in.
It is no surprise to me that the result is bad law.