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A Comic Conundrum
Posted by intarso • 5/22/09 • Subscribe to this Discussion [RSS] • Report This Topic
Topics: japanese anime, manga
I just read this article and thought it might be good for a little discussion:
www.newsarama.com/comics/050921-CBLDF.html
Basically, the gist of it is, this guy ordered some manga /hentai (japanese comic porn) from Japan. US Customs intercepted it & found the comics to contain "visual representations of the sexual abuse of children, specifically Japanese manga drawings of minor females being sexually abused by adult males and animals."
"Handley, 38, faces penalties under the PROTECT Act (18 U.S.C. Section 1466A) for allegedly possessing manga that the government claims to be obscene. The government alleges that the material includes drawings that they claim appear to be depictions of minors engaging in sexual conduct. No photographic content is at issue in Handley's case. "
"On Wednesday, Christopher Handley pleaded guilty to one count each of Possession of Obscene Visual Representation of the Sexual Abuse of Children, and of Mailing Obscene Matter in the case related to his importation and possession of manga. The plea was part of an agreement Handley negotiated with the Department of Justice, and as such, three additional counts were dismissed."
Now, I personally stopped thinking that anime & manga were cool when I was about 14, but there are lots of folks obsessed with it, like anything else. Most anime/manga features very young looking characters, and often they don't really look much like real humans at all, with over sized eyes and such... Even in regular anime and manga there are often highly sexualized characters and scenes.
So - should this guy be locked away for a max of 20+ years? Is the possession of drawings, equal to the possession of photographs?
It's probably not normal to look at that sort of stuff, but I'm not sure that looking at comic book drawings necessarily makes people more inclined to act out what they see. It's tough to form an opinion on this one because on one hand, it's not too normal...but on the other, it's just drawings and no humans were abused, hurt, or killed.
Thoughts?
User Comments
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wow that is a toughie. I think this is one of those cases where our legal system doesn't serve the purpose it intended: protection of minors. I would say confiscate the material (which is questionable in and of itself), make sure the guy is clean, and move on. Talk about a culture clash!
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I think so
It can't be healthy to read tons of the stuff, but lumping him with the folks producing and distributing real, photographic child porn is a bit much I think....it almost falls into the realm of "thought crime" ~ charging him equally since even though he may not have been doing anything he was thinking it [allegedly].
If these prosecutors wanted they could certainly find enough objectionable material (sexual and otherwise) in comic books to keep the courts filled for the rest of eternity. With something like 500,000+ attempts to download child porn PHOTOS in the US every day, it seems perhaps government resources should be focused on that - something that actually involves real humans and real abuse.
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I find it a bit silly and over zealous. The whole point Child pornography is illegal is surely because it involves the abuse of real children. Banning line drawings of it seems a touch over zealous to me, I know people will argue it prompts thoughts of that sort of thing but to my mind Paedophiles will have these thoughts whatever. It could be argued it is a safe release for them.
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It is a quandary. As you point out no real person is involved. Which would be and should be a crime. But should images drawn out with pen and ink be more penalized than imaginary images created by words? I think of the novel "Lolita". It describes in some detail the lust and love of an older man for a teen or even preteen girl. It is legal. If it were presented as a graphic novel would selling or purchasing it be illegal? As stated, it is a puzzle. For for. I tend to come down finally on the side of freedom of expression. One should be able to express what one wants. Expressing a desire is not ACTING on a desire. Action is where it moves into rightful legal and moral concerns. And punishment can be justified.
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dude i think the guy is a total creeper. but thats just my opinion (i find hentai gross, pornographic, and straight up weird.) But this guy was just reading his little comic books which are supposed to be considered ART. I believe that he does not deserve this kind of treatment. He could have fought this and probably been free. Hes a fool for pleading guilty. In america the law surrounding simulated child pornography is pretty cloudy but can be summarized as follows: "simulated child pornography is generally protected speech, unless offered as if real children were involved, or if the material is deemed to be obscene" (from wikipedia...)
The issue of obscenity is what always arises in these types of cases. To many these manga are not obscene, but art. So i personally think homeboy didnt deserve this at all...but hes still creeper-status
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