m******8 发帖数: 2153 | 1 A jury in London has returned a unanimous not guilty verdict for a man
charged under the Obscene Publications Act 1959 for distributing DVDs
containing scenes of extreme gay sex acts.
The legal test under the Act is whether any images would “tend to deprave
and corrupt” those who saw them.
Myles Jackson, a lawyer specialising in the obscenity laws whose firm was
representing Peacock, had written: “Perhaps illogically, of these sexual
acts, fisting and urination are completely legal to perform in real life;
and thus it is only the representation of these acts on film which may be
considered obscene and therefore attract criminal liability.”
Dr Brooke Magnanti, the author of the Belle du Jour blog, is personally
acquainted with Peacock.
She wrote on her blog today that the “thought that he corrupts or defiles
anyone who doesn’t want said treatment is frankly ridiculous”.
Magnanti added there was a need to clarify issues of consent in the
depiction of such acts: “This failure to distinguish consensual and
nonconsensual sex acts is something that must be addressed.
“Not only because is an important point as regards sex and kink, but also
because making this point crystal clear in guidance on law would help to
shape discussion of issues around sex in a way that is more reasonable and
less anachronistic.”
The Crown Prosecution Service guidelines list images of “sadomasochistic
material which goes beyond trifling and transient infliction of injury”, “
torture with instruments”, “activities involving perversion or degradation
” and “fisting” as possibly being suitable for prosecution along with non
-consensual acts.
The jury determined the acts in question did not “tend to corrupt or
deprave those who are likely, having regard to all relevant circumstances,
to read, see or hear the matter contained or embodied in it”. |
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