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Topic ClosedIs it legal to own a novel that has underage sex?

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AsiaOilDude View Drop Down
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Direct Link To This Post Topic: Is it legal to own a novel that has underage sex?
    Posted: 10/March/2012 at 15:32
The title is pretty raunchy so I won't post it. The author is Bunni L'angour. Is it illegal to own such a novel (no pictures - just text) in Australia?
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Direct Link To This Post Posted: 10/March/2012 at 18:39
No I think not - why would it be illegal?
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Direct Link To This Post Posted: 10/March/2012 at 20:06
All films and books computer games etc are subject to review by the Australian Classification Board. Unless this book is on it's banned list it's OK. It is unusual for written material to be banned these days, it is usually material which has pictures which are subject to a ban.

That wasn't always the case, Lady Chatterleys Lover was banned for many years. The strange thing was that the ban was not because the gamekeeper was bonking the lady of the manor, but because of the explicit language he used to describe what he was doing to her on one page only.
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LawAbidingCitizen23 View Drop Down
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Direct Link To This Post Posted: 10/March/2012 at 20:09
I would say yes. In my opinion it falls under the definition of child abuse material. Obviously there are different levels depending on the ages of the couple etc

MartinO View Drop Down
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Direct Link To This Post Posted: 10/March/2012 at 20:18
That is why we have a classification system, the article is either classified or it is refused classification, ie banned.

How on earth is it child abuse? If it was there never could any text books for professionals who work in the child protection area.
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Direct Link To This Post Posted: 11/March/2012 at 02:18
I've taken a punt on the book you are referring to and no the name does not appear in the Classification Database. This suggests that no one has applied to import it commercially. As the name suggests something that is very unsavoury and the act is illegal, I expect that trying to import a copy of that book could get you into serious strife.
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Direct Link To This Post Posted: 11/March/2012 at 08:30
Occasionally books are put to the Board for classification.  Material containing descriptions and or depictions of  incest fantasies, sexual exploitation of children, pedophile and pederasty activity (including cartoons and cgi)  rape fantasies, fetishes which fall under the revolting and or abhorrent phenomena  (especially in video) will more than likely be banned. Although the impact of written works are somewhat mitigated by the context of being fiction or non visual depictions or academic works (except those "academic" works which are designed to instruct or promote) they still fall under what could be refused classification. Fiction and or descriptions of the above mentioned categories published on the internet are frequently put before the board for classification via the voluntary Internet filter on servers and complaints based through ACMA especially ones as said above, containing descriptions and or depictions of  incest fantasies, sexual exploitation of children, pedophile and pederasty activity (including cartoons and cgi) as well as  rape fantasies. If an individual or business was  raided and found to have such material on their computer or videos, pictures ect in their business/homes it would be sent to the Board for classification and used against them by the police if they wanted to pursue prosecution. Teen fantasies (18+) are legal in Australia, child fantasies are not.

AsiaOilDude View Drop Down
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Direct Link To This Post Posted: 11/March/2012 at 13:00
Thanks for the update guys. It's interesting to see how people's views vary on this.
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Paige View Drop Down
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Direct Link To This Post Posted: 11/March/2012 at 15:11
It is interesting AOD, mine is an inside view though as this is my job, I read the forums often and rarely participate but this is something I actually know about lol.

LawAbidingCitizen23 View Drop Down
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Direct Link To This Post Posted: 11/March/2012 at 21:41
Originally posted by MartinO


How on earth is it child abuse? If it was there never could any text books for professionals who work in the child protection area.


It depicts child abuse. There doesn't need to be an actual victim. Simply the fact that it is printed and describes a child involved in sexual activity should satisfy that proof.

In saying that, I think there is a small loophole when it is a work of fiction, although it has to be looked at as a whole picture... In this case I'd imagine that the book, being a novel, goes into great detail to paint the picture, which could push it too far.

Personally if the whole novel revolved around two underage children having sex, I'd be more than happy to see a child xography charge run. If however it is only given a fleeting mention, then that is a different story. Like I said, need to look at the whole picture.

Texts for professionals I believe are exempt at law, although I imagine their publication is restricted.

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Direct Link To This Post Posted: 11/March/2012 at 23:13
If Lolita were written now (and not earlier) would it be banned?

AsiaOilDude View Drop Down
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Direct Link To This Post Posted: 11/March/2012 at 23:51
Lolita the film was held up, not the book I believe. Today? I don't think it would be banned - it is after all usually listed as one of the great novels of the 20th century.
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Ponala View Drop Down
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Direct Link To This Post Posted: 16/March/2012 at 22:28
The novel would fall under the definition of child p o r n ography. In that it is a publication that depicits a minor in sexual activity, it is illegal to possess child p o r n ography, thus it would be illegal to have this book.

It could be possible to possess it (as it is a defence to the charge) if the publication has 'artistic merit'.

Edited by Ponala - 16/March/2012 at 22:35

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Direct Link To This Post Posted: 21/March/2012 at 17:47
Is it that jellybaby book?

its just discraceful seeing yummy green jelly babies cavorting with yucky tasting licorice ones!

All that is necessary for the triumph of evil is that good men do nothing...

AsiaOilDude View Drop Down
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Direct Link To This Post Posted: 21/March/2012 at 22:49
No WM. More like underage incest themed. Not my thing but obviously somebodies. I prefer the cougar stories (you know, young oilfield guy working picks up old tart who turns out to be Rose Porterhouse in disguise and strikes it rich by drilling her well long and deep and completing it to production).

Edited by AsiaOilDude - 21/March/2012 at 22:50
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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Direct Link To This Post Posted: 22/March/2012 at 17:13
This thread has been up for over a month and the OP has received a range of answers from different members.

As this could become a topic which strays into unsavoury territory, and has run it's course, it is now LOCKED.







Edited by MartinO - 22/March/2012 at 22:28
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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