Manual Violent Pornography

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Violent Pornography

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The letters May 7 responding to your editorial on the pornography victims compensation bill "A Damaging Remedy for Sex Crimes," April 13 display both some unusual perspicacity and some serious errors. Gary L. Bauer incorrectly asserts that the bill sponsored by Senator Mitch McConnell applies only to the "most violent and horrendous subsets of pornography," referring to material that has been found legally obscene.

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In fact, such material need contain no violence whatever and, indeed, much that has been found obscene in the United States under present Supreme Court standards has been completely free of violence. Chris O'Sullivan shows a much finer appreciation of the difference between violent and nonviolent pornography, but even so I'm afraid she may help perpetuate a public misunderstanding of this issue.

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She states that most researchers who study the effects of pornography define pornography as involving subjugation of a sexual partner, distinguishing it from erotica, which is defined as sexuality depicted as mutually pleasurable, nonviolent and egalitarian. While I agree with this definition, it does not exist in law and has not been respected by the McConnell bill.

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  4. In order to be found legally obscene, movies, books and videos must contain a strong sexual component; they need not contain any form of violence or subjugation. Contrariwise, the most vicious, violent and degrading depictions are fully protected by the First Amendment so long as they do not contain strong sexual content.

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    Thus both existing American law and the McConnell bill which relies on the current definition of "obscenity" exempt nonsexual violence from liability. On the other hand, even the most benign depictions of mutually pleasurable sexuality can be and have been found to be obscene, setting up both criminal liability under existing law and civil liability under the proposed statute. Very few people understand that the vast majority of sexually explicit material available in the United States today much of which is routinely prosecuted by the Department of Justice consists of nonviolent sexual depictions in which women and men are portrayed as equals.

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