Well, now that we have to be able to defend any cultural product, whether it depicts a real or an imagined sexual act involving a person under 18 years of age, I figured that I'd have a look and see what I might need to defend ownership of.
I know that some people will tell me, and all those members of the Canadian artists community, that I'm exaggerating, making a big fuss about nothing, because the law has some phrases in it that would surely prevent them from challenging the status of real "art."
After all, the work has to have "as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years."
And "No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and (b) does not pose an undue risk of harm to persons under the age of eighteen years.
One of the big problems with this is that the onus is now on the originator, distributor or owner of "any written material, visual representation or audio recording" that contains representations of sexual activiy involving someone under 18 to prove:
1. that the sexual activity is not its dominant characteristic
2. that it does not have a sexual purpose
3. that it has a legitimate purpose related to one of the specified areas
4. that it does not pose an undue risk of harm to persons under 18
Now I agree that if the nature of the sexual activity is heterosexual and vanilla, and there's a plot in it somewhere, you will likely get a pass - in fact, if there's enough of a plot, it might not even be challenged.
But let's talk about work that involves kink, or queer sex. You really think that a book about a baby leatherdyke finding herself and coming to terms with her sexuality can easily prove, in this society, it does not have a sexual purpose (whatever that means), that does it has a legitimate purpose and that it does not pose an undue risk of harm to minors? Because the Canadian public and their elected legislators may have just barely agreed queers can get married, but lots of them still don't want to think about what queers do in bed (or on the kitchen table, or in the dungeon), and they don't want their kids finding out about it either, lest their kids realise that it sounds interesting.
And who says that a work in which the dominant characteristic is sexual activity involving minors is automatically TEH EVOL? Can anyone honestly argue that Romeo and Juliet aren't filled with teenage lust right up to the very tragic end?
And who decides what is a legitimate purpose? Obviously, the legislation presupposes that auto-eroticism is not a legitimate purpose. Would a book that helps young women who have decided to have sex (as is their right if they're over 14) develop skills for negotiating safe sex issues with their partners be a legitimate purpose? Is writing a political rant that mentions a book about young women aged 14 to 18 who have decided to have sex a legitimate purpose?
Many people are going to tell me, I expect, that these new restirctions are necessary because of the Supreme Court rulings in the case of John Robin Sharpe (more details here
). Yes, the Supreme Court found that under the old law people can't be prosecuted for producing written or visual of their own imagination, for their own use.
And you know what? That was fine by me. It was illegal to show these works to a minor. It was illegal to use these works to persuade a minor to agree to sexual acts with an adult or another minor. It was illegal to use representations of real minors in creating these works. And it was certainly illegal to try to do any of the things in these works if a minor was involved. Making it illegal to even create the works is censorship and creation of a thoughtcrime. It may well be regugnant to most of us, but there's nothing demonstrably harmful about anyone wanking off in private to kiddie porn he or she made themselves without any exploitation of a minor person.
We didn't need laws about creative works to convict John robin Sharpe. He was also using porn produced through the exploitation of minors. That was illegal, and rightfully so. But it was his acts that invovled minors, not his solitary use of written porn, that caused harm.
And if you believe that only people who commit
acts of pedophillia with minors would ever get off on kiddie porn, think again. Think about all those people who like to do sexual role-playing involving schoolgirls, or infantilism, or want to be leather daddies, or imagine initiating the hot young pizza boy. Think about people who use porn that depicts teenage sexuality (without actually using tennager to produce it) in order to regain the rush of their own adolescent sexual explorations. If people were only honest about it, there would be a great many people who include some sort of fantasy ageplay in their sex lives. Very few of them ever commit sexual acts with minors. Why? Because they know that what they're into is a fantasy. They don't want to really have sex with a minor of any age. They know that would be wrong. They just want the fantasy. Laws like this are trying to turn fantasies into thoughtcrimes.
So I thought about what I own that might make me guilty of thoughtcrime. My partner and I took a casual glance at a couple of our close to 50 shelves of books, and started making a list of books, both fiction and non-fiction, that depict some sexual activity involving a minor or minors. We don't know what "dominant characteristic" means, nor are we sure about "sexual purpose," because we can think of lots of sexual purposes that have nothing to do with wanking.
Here, in no particular order, is the first installment of the books I own that could be determined to be works of child pornography.
Dorothy Allison - Bastard out of Carolina
Jane Austen - Pride and Prejudice
Rita Mae Brown - Rubyfruit Jungle
Michelle Cliff - Abeng
Moyra Caldecott - Guardians of the Tall Stones
, Daughter of Ra
Frankie Hucklenbroich - A Crystal Diary
Anita Diamant - The Red Tent
Margaret Laurence - The Diviners
Alice Walker - The Color Purple
Anne Rice - Belinda
Anne Marie McDonald - Fall on Your Knees
Marion Zimmer Bradley - The Mists of Avalon
Lauren Greenfield - Girl Culture
, Fast Forward
Bernard Lefkowitz - Our Guys
Susan Faludi - Stiffed
Pat Califia - Public Sex
Susan Hemmings (ed.) - Girls Are Powerful: Young Women's Writings from spare Rib
And that's just the tip of the iceberg. Oh, I'm such a thoughtcrimer.