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Experiences regarding the legal state of "child porn"?

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Max Weber
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Experiences regarding the legal state of "child porn"?

Nový příspěvek od Max Weber »

In Germany there is a law in the making (in fact it is almost ready) against childlike sex dolls and additionally it is broadening the legal definition of "child porn" (or what is illegal in that context) a lot. Some of our team members want to make the german supreme court investigate and reject that law. The reason: it is much too broad and the whole development of that bill is a blatant example of ignorance of science and logic. It was passed based on "we know it is wrong but we won't object it either" and "Oh My GOOOD! Pedos finding anything sexually arousing is soooo disgusting! I don't want that, we should ban that! Who is with me?"

I was shocked to realise that law really made it through parliament. Usually such drafts are stopped well before passing parliament. Not this time. Even after LOTS of experts explained why the basic assumptions that bill was founded on are wrong and how that law would even be counterproductive in many ways.

That group who tries to challenge that law will need resources and experiences and I somehow remember having heard that there have been interesting experiences in the Czech Republic regarding "child porn": that it had been legalized at some point and later forbidden again. Now we certainly don't aim at legalizing child sexual abuse documentation those experiences may hold hints to what effect legal alternatives to such documentations would have. Legal alternatives that will be made illegal once that law is implemented. As I understand it even a photograph of a mostly naked child could be considered "child porn" and illegal in my hands since I do have a sexual preference to kids. It is a start of making thoughts and sexual feelings illegal instead of harmful actions.

So, what can you tell me about that period? Did I get that story wrong and it wasn't like I described it? Or did it happen somewhere else? Do you know of scientific resources or media articles about what effect that legal period has had on for example sexual offending?
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pbd
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Re: Experiences regarding the legal state of "child porn"?

Nový příspěvek od pbd »

Hi Max,

first of all, I must warn you that I'm not educated in law matters and I don't even remember the mentioned period myself.
Max Weber píše: čtvrtek 13. 5. 2021, 19:24:53 So, what can you tell me about that period? Did I get that story wrong and it wasn't like I described it?
The laws regarding possession of child pornography changed in Czech republic in 2007. On 1st December 2007 a new paragraph (§ 205a) was added to the § 205 of Criminal code No. 140/1961, that punished the possession of child pornography by up to two years of prison. Before that change, the stated criminal code from 1961 never explicitly punished possession alone. So it wasn't legalized at some point and criminalized again, but it was legal up to the end of year 2007 and is illegal since then (although regulated by different criminal code - § 192 of Criminal code No. 40/2009).

The Wikipedia article states, that the nearly no one dared to oppose the change of law in 2007, although it contained some objectionable parts like including not only persons under the age of 18 but any person that seems to be a child (under 18), because of fear of being labeled as a pedophile.
Max Weber píše: čtvrtek 13. 5. 2021, 19:24:53 Do you know of scientific resources or media articles about what effect that legal period has had on for example sexual offending?
I don't know any. Maybe someone else?
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Re: Experiences regarding the legal state of "child porn"?

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pbd píše: pátek 14. 5. 2021, 15:53:42 I don't know any. Maybe someone else?
There are some. I remember reading about it at least couple of times, in English. They stated something along the line "when pornography became widely available in the Czech Republic after 1990, the number of sexually motivated crimes dropped". But there were no trustworthy numbers attached to such statements, and the studies forgot to mention that due to the regime change in 1989, the numbers cannot be easily compared.

Weiss (Czech sexuologist) opposed the CP possession ban. He also said that he had at least one patient who was quite well adjusted before the ban, but committed a crime on a real child after the ban. No numbers, sorry.

Max, did you check the Prostasia Foundation? I know it was one of their goals to do a research on this topic.