Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!watmath!clyde!cbatt!ihnp4!qantel!lll-lcc!lll-crg!seismo!rochester!ritcv!cci632!rb From: rb@cci632.UUCP (Rex Ballard) Newsgroups: talk.politics.misc,net.legal,soc.singles Subject: Porn, Laws and Trends (Re: Re: Evidence and Pornography Legislation Message-ID: <427@cci632.UUCP> Date: Mon, 29-Sep-86 20:23:12 EDT Article-I.D.: cci632.427 Posted: Mon Sep 29 20:23:12 1986 Date-Received: Wed, 1-Oct-86 02:26:43 EDT References: <1562@mtx5a.UUCP> <15739@ucbvax.BERKELEY.EDU> <1575@mtx5a.UUCP> Reply-To: rb@ccird1.UUCP (Rex Ballard) Distribution: net Organization: CCI, Rochester Development, Rochester, NY Lines: 164 Xref: watmath talk.politics.misc:422 net.legal:5214 soc.singles:237 Summary: 197? - 1986. Rules of evidence, effects on trends. In article <1575@mtx5a.UUCP> mat@mtx5a.UUCP (m.terribile) writes: >> >In the years since the 1970 Commission, there has been a great increase in >> >the range of sexually explicit material available. >> >> Do you have a reference for this, or did the Commission say it? >> This is the opposite of what I had thought to be the case: the laws have been >> tightend since 1970; and I thought it was alleged that back then pedophile >> material was easy to obtain. Presumably the harsher laws should have had >> some effect? > >``The Commission said it'' based, I believe, on the testimony of law >enforcement officials, and upon the amount of material seized under warrant. It is important to note, that the number of convitions based on those siezures has gone down (not offensive enough). To minors, the amount of both sexually explicit AND implicit materials available is actually less than it was in 1970. This is due to "Ratings systems". Most ratings systems have become stricter with reguard to sex, but extremely lax with reguard to violence. Full frontal nudity of women is rarely tolarated, but "top nudity", even in combination with subsequent explicit violence is tolarated under the "R" ratings. For printed matter, even less nudity, and even more violence is tolarated. The "Nixon" committee found that there was no correlation between violence and violent crime. Subsequent research has shown that this was not a correct assumption. The Nixon committee also found that there might be a link between sexually explicit materials and V.D. It has been found that there is such a link. The risk among readers of sexually explicit materials is lower than among sexually active people who do not read sexually explict materials. To adults, the amount of sexually explicit materials has increased. The variety however has decrease, with the trend leaning toward more explicit materials, and more "specialized" markets. Nudity, missionary sex, lingerie, and even oral sex is now a smaller market, while bondage, "split beaver", homosexual, bisexual, anal, transexualism, and female dominance is now a much larger industry in terms of competition. The old "marital guides" are almost a sideline, and much of the material no longer has a retail market outlet. >As far as harsher laws: do you mean *stricter* laws? If so, there are still >some loopholes in what the laws allow prosecuted and where they will allow >evidence or testimony to come from. >In many localities, there are no laws >requiring photofinishers to report materials processed that show children >engaged in sex acts. Actually, where those laws have been passed, state courts and federal courts have often considered it an invasion of privacy for the finisher to do so. One particularly difficult problem is that, in order for a print or copy of the film to be used as evidence, that particular print must be traced back to the producer. It is not sufficient for the victim to appear in the film, see the film, and say, "yes, that was me being exploited". Outtakes cannot be subpoenaed as evidence against the publisher. He is free to destroy any material left on the cutting room floor. This has been a problem where coersion or intimidation has actually been caught by the camera, but taken out of the final copy. Conversely, the defence may use outtakes showing the victim enjoying him/herself as evidence in his defense. Quite simply, the producer can use the original film as a "stacked deck" in his favor. >> >In addition, materials >> >mixing pain, violence, and coercion with apparent sexual satisfaction of the >> >``object'' individual have become more widespread, Again, much of this is due to the "all or nothing" polarization of the "ratings" and "zonings" regulations. A more "graduated" approach might lead to more diversity and abundance of more moderate forms. >> >and such materials are most >> >often the materials that law enforcement officials and self-identified >> >victims have indicated are used by the offenders. Victims of what? Porn, or rape, violence, coercion,... >> Once again, is this hearsay, or have you evidence? Another point here >> is the relation of cause to effect. It seems most reasonable to me to >> assume that such materials exist because they satisfy a desire, not be- >> cuse they have created a desire. Paraphilias exist with or without porn- >> ography. Actually, there is an issue of "refinement" of tastes. A paraphile might enjoy being tied up. This tendency may have developed as young as two or three years of age, but the film shows him a variety of different restraints, positions, and other gear. The transvestite might see fashions he/she might otherwise not have desired, or see other transvestites going out in public, seducing women,... "in drag". In some cases, this has the tharaputic effect of enabling people with such tendancies to discuss them with their partners, doctors, or therapist. This is not necessarily a bad thing. Remember, many of these "Deviant Behaviours" occur in people whose upbringing is very sexually repressed. Often the result is that they will find a source of stimulation other than say, nudity. Watching mommy dress, watching the cowboy get tied up, then get the girl later, secret agent shows, even fights, might trigger an initial reaction. Boys actually discover "arousal" at around age 3, when the diapers are replaced by the more accessable training pants. Women often don't discover "Sex" until much later. (See Kinsey). There are several variations of pedophilia. Shaving, diapers, rubber, and "young looking" adults are a few. Fetishes mark another common form. Again these preferences were formed very early. One survey of men indicated that only about 5% could even tell you about their true sexual preferences, fantasies, and desires. Those who could divulge them, often had little "quirks". Many couldn't even tell their wives or regular sexual partners. Another study indicated that only a few men were aroused by women who were simply naked. "Roles" (facial expressions of dominance, fear, anger, innocence, happiness, or arousal), "costumes" (heels, garter belts, stockings, corsets, lingerie, socks, shoes, etc), and "Plot" (props, setting, poses, acts performed by the model,etc) were significantly more important than appearance, beauty, or anatomy. A survey of prostitutes indicated that, when budgetary and social constraints were not a factor, nearly all of their customers had some form of "deviation" which they could not enact with their regular partner. Much of this information comes from surveys reported by various magazines such as Penthouse. They usually are statistics taken from scientific journals and condensed into "reader's digest" form. >In 1970 I was 14 years old, and not in the business of surveying violent >sexual materials. > from Mole End Mark Terribile Did you read any sort of sexually oriented materials? If so, what types? Most of the research done indicates that porn has the effect of "bringing people out of the closet". When this occurs in such a way that the person "coming out" has conflicting tastes with his sexual partner, there is a pattern, among some individuals to seek gratification elsewhere. Often, after expressing these desires to a spouse, they are emotionally blackmailed into a situation where they can do nothing else. Perhaps if people "came out of the closet" before they committed to long term relationships, there would be fewer sexual offenses committed. Remember, many sexual offenses are committed by very "respectable" people. The image of some "porno junkie on the street" raping some waitress coming out of work is more the exception than the rule. In some cases, the most bizzare sexual crimes have been committed by the most respected people. Judges, Presidents of Corporations, Governers, and even Preachers have been linked to sexual crimes. Many times, those who are repressed sexually, either "still in the closet", or committed to a partner with conflicting preferences, is more likely to vent his frustration by trying to repress sexuality in others. O.K. There are a lot of generalties here, backed up by poorly referenced research. If you consider yourself an exception to everything above, feel free to express this. You're one of the lucky 5%. I would try to look up references, but I've thrown a lot of the reference material away :-). Rex B.