Re:A teen shared a video of her own legal sex act, convicted...
by bsder on Sunday September 01, 2019 @05:49PM
(#20855196)
> So according to the court, the girl who distributed the video must have been simultaneously the victim and perpetrator of the crime.
Yes, and this is due to the fact that possession or transmission of underage pornography is a "strict liability" crime. There is no mitigating factor allowed.
The issue is that your enemies are active, malicious, and clever. No matter what loophole you allow, they will exploit it. So, you close all the loopholes.
And then you wind up with these kinds of pathological situations.
> At the very least be consistent and punish everybody who distributed that video.
These kinds of cases invariably are driven by publicity more than justice--this is the problem with prosecutorial discretion. Normally, they get swept under the rug, but if it hits the media, someone is going to get scapegoated.
Yes, and this is due to the fact that possession or transmission of underage pornography is a "strict liability" crime. There is no mitigating factor allowed.
The issue is that your enemies are active, malicious, and clever. No matter what loophole you allow, they will exploit it. So, you close all the loopholes.
And then you wind up with these kinds of pathological situations.
> At the very least be consistent and punish everybody who distributed that video.
These kinds of cases invariably are driven by publicity more than justice--this is the problem with prosecutorial discretion. Normally, they get swept under the rug, but if it hits the media, someone is going to get scapegoated.