A 15-year old girl is arrested for producing and owning child pornography, after it was discovered that she was creating nude pictures of herself in sexual situations and posting them on the Internet.
What interests me about this story is that the media are, nowadays, usually highly, um, interpretive in their presentation. They report this one as if it makes sense. WT, as they say, F?
This isn't new. A teenaged boy was caught making money hand over fist doing internet broadcasts of himself in the nude, masturbating, etc. I don't know what the outcome of the case was, since he was exploiting himself.
Okay ... well, just *maybe* I can see some social rationale in the child pornography charges, on the basis that producing this material encourages pedophiles to commit acts with other (innocent) girls. (For the record, I still think it is stupid, but at least plausibly stupid).
But how in all the name that is unholy can you be charged with 'sexual abuse of children' where the victim is YOURSELF?
It is, unfortunately, a logical consequence of the fact that in the US (I don't know about Canada), that someone underage is assumed to be unable to consent to sex, and therefor all sexual activities with such a person are automatically abuse.
Technically, you could have an underaged child arrested for masturbation, under these laws.
That's what Steve and I said about the teenaged boy I referenced above. I think the charge of "child abuse" is crackheaded, but a simple charge of "creation and distribution of child pornography" would be legitimate.
BTW, Sti, Canada is stricter than the US on age-of-consent laws, but the age limit is usually lower, 16 as opposed to 18.
I guess I'm not surprised. I remember when, at age 15, I took a semester of Quebec Law and found out they contradicted each other when it came to 15-year-olds having sex.
The law stated that if a 15 year old girl has sex, consenting or not, it counts as rape. It also said that a 15 year old boy, no matter what he does, cannot commit rape.
Needless to say, this makes no more sense today than it did then.
The law tends to get applied very broadly when it comes to charges/arrests, and then they let the courts work out the finer details. For instance, a friend of mine has just been charged with arson for having accidentally set fire to his own house while sleepwalking. Bond conditions prevent him from contacting his (pregnant) wife and their 2-year old child. A case of 'Better Safe Than Sorry'; presumably in case the wife was terrorised into confirming that it was an accident...
no subject
Date: 2007-02-04 04:57 pm (UTC)PS
Date: 2007-02-04 04:59 pm (UTC)Re: PS
Date: 2007-02-04 05:28 pm (UTC)Re: PS
Date: 2007-02-04 05:32 pm (UTC)Re: PS
Date: 2007-02-04 06:02 pm (UTC)no subject
Date: 2007-02-04 05:10 pm (UTC)no subject
Date: 2007-02-04 05:40 pm (UTC)But how in all the name that is unholy can you be charged with 'sexual abuse of children' where the victim is YOURSELF?
*sigh*
Date: 2007-02-04 06:01 pm (UTC)Technically, you could have an underaged child arrested for masturbation, under these laws.
no subject
Date: 2007-02-04 05:42 pm (UTC)no subject
Date: 2007-02-04 07:54 pm (UTC)BTW, Sti, Canada is stricter than the US on age-of-consent laws, but the age limit is usually lower, 16 as opposed to 18.
no subject
Date: 2007-02-05 06:05 am (UTC)The law stated that if a 15 year old girl has sex, consenting or not, it counts as rape. It also said that a 15 year old boy, no matter what he does, cannot commit rape.
Needless to say, this makes no more sense today than it did then.
no subject
Date: 2007-02-05 03:04 am (UTC)Scary world.
no subject
Date: 2007-02-06 03:39 am (UTC)