Monday, July 02, 2007

Government proposes the criminalisation of sexuality by proxy

I am, it has to be said, quite an extreme libertarian when it comes to sexual practices. As far as I am concerned what consenting adults get up to in the bedroom is a matter for them, and no one has any right whatsoever to dictate upon it. I also have the same attitude toward pornography. If pictures (or videos) show acts by consenting adults then so be it. Frankly I don't care what they're doing as long as they're consenting, and that is all that should matter.

I bring this up because a campaign has been launched, quite rightly, against the new Criminal Justice Bill that was published last week called Backlash. The new bill contains a section on pornography which makes all manner of things illegal on the basis of insanely wide ranging defintions about what is "extreme". According to the bill it will be illegal; to possess images whcih have the sole purpose of sexual gratification if they are "extreme" where extreme is defined as,
(a) an act which threatens or appears to threaten a persons life
(b) an act which results in or appears to result (or be likely to result) in serious injury to a persons anus, breasts or genitals,
(c) an act which involves or appears to involve sexual interference with a human corpse,
(d) a person performing or appearing to perform an act of intercourse or oral sex with an animal, where (in each case) any such act, person or animal depicted in the image is or appears to be real.
So let's start with category (a) shall we? OK, so the idea of prosecuting someone in possession of snuff images doesn't sound to bad. However, we're not talking about snuff here necessarily, the use of the word "appears" woould effectively ensare masses of BDSM images which are taken by consenting adults, for consenting adults - presumably the Government has not heard of "safety words".

Section (b) gets even more woolly though. Not only would it cover BDSM again, but it would also cover anal sex pornography almost across the board, thereby discriminating across the sexes. Not only does the law have the phrase "appears to" again, but it also has "or be likely to result". It sounds like they're implmenting Health and Safety risk assessments for sex doesn't it?

As we move on to section (c), clearly necrophilia is just plain wrong. On the scale of one to ten where ten is the most wrong thing you can do, having sex with a corpse scores at least 32. This said though, is it wrong for someone to have images where consenting adults play out bizarre roleplaying scenarios?

Finally we have section (d) which is all about bestiality. I don't know what more to say other than that it appears to suggest that having a picture of someone sexually gratifying a horse with their hand is OK. It would seem that it's only wrong if the person uses their mouth or actually gets jiggy with the beast - someone clearly didn't think it through when they drafted it. It's interesting to note that the one area where mutual consent is impossible the Government draft a loophole. *

Essentially, it seems to me the idea behind these laws is the assumption that if you're the kind of person that wants to look at fake rape, bondage, sadomaschism, anal sex, autoerotic autoasphyxiation, necrophilia or bestiality, you obviously intend to go out and do it. A bit like the idea that playing violent video games makes you a violent killer. Personally that strikes me as nonsense, if you're going to be a violent killer, or a rapist, or a corpse wierdo, or a sheep shagger, it's unlikely you need images to help you along in performing out those fantasies.

However, if you're just a person that gets turned on by certain things which you happen to engage in with consenthing adult company, and you want to look at pictures of other consenting adults doing the thing that turns you on, why should you be criminalised for that? After all, it is, in effect, your sexuality, and the last time I looked discrimination was a bete noir of the Government.

* The law as written and proposed though is clearly absurd. I have no problem with banning images of people shagging horses etc etc because animals cannot give informed consent.

Update: It's just occured to me that images of a deeply Oaten-esque scatlogical nature would not be considered extreme under the proposed definitions. Japanese scat fans will no doubt be breathing a sigh of relief at the loophole they're being given, and will probably rejoice at effectively being considered "mainstream".

13 comments:

Anonymous said...

It terrifies me that we have a government so keen to restrict what we can see, and hear and think. I remember reading 1984 as a young and naive teenager and being terrified by its story and world but took comfort in the fact that I lived in a country, a democracy, where that could never happen.

I agree with you Dizzy - as long as things are consensual I don't really have a problem with anything - can't say I've every seen myself as an extreme libertarian, just as someone tolerant and possessed of common sense. Something are government can't say of itself.

Chris G said...

I'm with you on this one Dizzy, if only Steven Milligan were still around to speak out against this sort of invasion of private sexual behaviour, eh?

Anyway, it reminds me of a story an Irish guy told me about a bestiality trial in Galway, or somewhere suitably rural, a few years ago. The accused, apparently such a hopeless case his own lawyer refused to defend him, was forced to be his own counsel.

His defence was something like this: "Well, your honour, I was standing on the biscuit tin (pause) when the horse backed into me..."

Theo Spark said...

Does a pic of Tony Blair and his wife count as bestiality?

Anonymous said...

If it's happening in private how do they police it, are they going to put cctv in every room in everybodies house,the only thing that I can see happening if a couple row and one goes and tells.

Old BE said...

I'm all for protecting animals, dead bodies and the others, but "simulated" porn?

As you say, what is the difference between that and simulated violence in films?

What next? Smoking to be banned on film in case people get bad ideas put into their head?

The term "Thought Police" springs to mind.

Anonymous said...

As a lawyer practising criminal law, I am just salivating at the opportunities for defending people against this inane piece of nonsense which has more loopholes than a Norman Castle.

Bring it on! More loot for lawyers!

Anonymous said...

what a load of theoretical libertarian tripe

the people involved in making such images are either perverts or deeply damaged and vulnerable

if government can do anything to disrupts the contexts in which the former fall into the hands of the latter than so much the better

dizzy said...

I imagine all those gay men having anal sex.fisting, etc will be pleased to know they are deeply damanged, vulnerable perverts. You gonna propose the Government cures them?

Anonymous said...

If I am into sadism, necrophilia and bestiality am I flogging a dead horse? Sorry, couldn't resist that hoary old joke.
The problem with this is I am not sure how I am going to word the letter I will need to write to my MP without sounding like I am guilty of enjoying one or more of the potential offences.

Anonymous said...

Does this mean that the genital whipping that James Bond suffered in the Casino Royale would be illegal?

Old BE said...

the people involved in making such images are either perverts

You may think so, but who are you to tell me or anyone else what is perverted?

I happen to think that naked mud wrestling is depraved, but there would be uproar if that was banned!

Anonymous said...

Well if you're doing hoary old jokes...

Man gets convicted of unnatural relations with his dog. Judge says: "This is such an unusual case I really don't know what punishment to give you". Voice from the back of the court: "Give 'im the cat".

Anonymous said...

@Nexus:

the people involved in making such images are either perverts or deeply damaged and vulnerable

if government can do anything to disrupts the contexts in which the former fall into the hands of the latter than so much the better


You have, of course, evidence to back up your claims above? No?

Well, no, you haven't because even the Home Office, in their biased and loaded "Consultation" admitted that there was *no evidence* that this material caused harm, let alone offered any proof that it would restrict supply from the majority of the Rest of the World where much of this is perfectly legal.

@Paul Coombes:

Does this mean that the genital whipping that James Bond suffered in the Casino Royale would be illegal?

Not if you just watch it as part of the film.

HOWEVER, if you take a *screen capture* of that scene, or one from Saw or Hostel or Captivity etc and in someone else's opinion it is "extreme" and you took that capture for "sexual gratification", then, congratulations! You have just committed a Criminal Offence that can get you three years in jail and a mention on the Sex Offenders Register!

Alternatively, write to your MP via http://www.theyworkforyou.com and express your objections to this ludicrous and draconian law!