When Adults Fail Children—For Life
By Dr. Marty Klein The Iowa Supreme Court has affirmed the conviction of 18-year-old Jorge Canal, who complied with a 14-year-old friend’s request for a photo of his penis. The young man is now forced to register as a sex offender, meaning his chances of getting a college degree, job, or livable apartment are pretty much ended.
According to the court, the girl “generally hung out with teenagers older than herself;” was “only friends” with Canal; thought the picture was sent “only as a joke;” and was not “a means to excite any feelings.” Nevertheless, Canal was convicted of “knowingly disseminating obscene material to a minor.”
Canal was a foolish kid. But there are many ugly, stupid, irresponsible adults in this story. The girl’s mother, who checked her daughter’s e-mail and internet use, found the photo and forwarded it to her husband. The father then showed the photo to his friend, a police officer. The cop arranged to have Canal arrested. A prosecutor pursued the case, a judge tried it, a jury convicted. These adults failed Canal and his friend miserably. His ruined life will be a testament to their fear, insecurity, and hatred.
All these adults were supposedly attempting to protect Iowa’s young people–by punishing this kid who was fooling around with a pal.
So let’s spend a moment in the real world (which none of these adults seem to inhabit). Which is likely to hurt this 14-year-old girl more—seeing a 2-square-inch photo of a friend’s erect penis, or being the reason that this friend will spend time in jail and decades as a registered sex offender? Her life is now ruined (in addition, of course, to his), because of her criminally negligent parents, criminally ambitious prosecutor, and 12 jury members who failed to protect people who needed justice but received only wrath.
Americans should understand the horrors of our obscenity laws: a picture or word or object is obscene only after a jury decides that it is. And a jury can decide that ANY picture, word, or object is obscene. So no one can know for sure what’s obscene until it’s too late. This is exactly like laws against “hooliganism” in places like Russia that we rightly deride.
The judge in Canal’s case had rightly told the jury that “a depiction of a person’s genitals was not in and of itself obscene. In order for the depiction of a person’s genitals to be obscene, an average person applying contemporary community standards with respect to what is suitable material for minors must find the material is patently offensive, appeals to the prurient interest, and lacks serious literary, scientific, political, or artistic value.” At that point, the picture becomes illegal, and sharing it with someone else becomes a crime.
A jury of twelve Americans destroyed Jorge Canal’s life because they believed that a picture of his erect penis is “patently offensive.” I hope each of them never gets a good night’s sleep for the rest of their lives.
Dr. Marty Klein has been a Licensed Marriage & Family Therapist and Certified Sex Therapist for 29 years. As a clinician, he works each week with couples and individuals who have a variety of sexual and non-sexual difficulties--over 30,000 sessions since 1980.
Dr. Klein fights for the sexual rights of all Americans through his legal and courtroom work. He has been an expert witness, consultant, or invited defendant in many state and federal censorship, internet, and obscenity cases.
He has authored over 100 articles in publications such as Parents, New Woman, and Playboy, as well as San Francisco Medicine, the California Therapist, and the Journal of Homosexuality. He is also a former contributing editor to The New Physician, American Baby, and Modern Bride.
Posts
9 comments:
Many kids are being ruined by the very laws meant to protect them, but, will not do so. The laws are unconstitutional, period.
http://sexoffenderissues.blogspot.com/2007/12/child-sex-offenders.html
What is America teaching our children? As women flaunt their breast, as eye candy; the male penis, even in a picture, is now something depicted as evil,indecent and illegal? What is the message here? The Vera Institute reports that 1 in 160 males are now listed as registered sex offenders in America, meaning bad, evil and dangerous! The sex offender registry has grown to almost 700,000 , 99% of those listed are of the male gender. As All registrants listed are being banned from employment, voting rights, living or just being in open society, etc. What will the future look like for males in this country? Should we just tag them at birth as rejects? How sad!
Unfortunately, it is virtually impossible to have bad laws changed in today's America.
The only way to change bad laws now-a-days is for so many, many people to suffer because of these laws that a ground-swell is heard from the Heartland.
In the mean time, prepare yourselves for a worsening as "good, upstanding people" continue to call for tougher and tougher laws to be enacted for The Children.
The desire to hurt the evil *ex offender to further punish him for things they with THEY could have gotten away with will escalate.
*wish
The problem is that an erect penis is deemed to be pornographic, whereas a breast is simply a breast, despite all the fuss over Janet Jackson's.
The showing by an adult of pornography to a minor is, quite reasonably, prohibited.
The facts show that this poor lad is an adult and the girl is a minor, thus the parents, instead of handling this like humane folk, chose to decide that their dear sweet innocent child was being groomed by an adult for sex, probably.
We should not be criticising the law so much as the lack of common sense on behalf of the parents. And that lack of common sense comes form the rather prudish and prurient attitude to body parts that the US culture has within it.
In Europe we have a more relaxed attitude to bodies and nakedness. We know, because we have seen them, that most folk are not at all alluring unclothed, and we forgive the unwitting erection on a nude beach.
Nonetheless we also have similar laws that are designed to protect minors. However in the UK we can also decide that it is not in the public interest to prosecute. My view is that this case would not have been in the public interest. Adult or not, it is obvious that this was a stupid kid's thing (no pun intended) gone too far.
I will disagree with the anonymous poster who said "it is virtually impossible to have bad laws changed in today's America."
As a registered sex offender who has been subject to these laws for the past 15 or 16 years, I am seeing signs that the American public are waking up to realize they were lied to by politicians and the mainstream media.
Fact: According to US Department of Justice numbers, only 5% of sex offenders released in 1994 returned to prison for a new sex crime, disproving the unfounded assertions that all sex offenders re-offend.
I am considered a "high-risk" offender due to (among other factors) my age at the time of my crime (17-18) and the fact that I had not at the time had a relationship of two or more years. Statistically as a "high risk" sex offender, I should already be in prison for a new offense. I am not. I have committed no sex crimes since 1994 when I was sent to prison.
People are waking up to realize politicians have been building political ponzi-schemes on the sex offender label. This will reach critical mass once the number registered grows to encompass more of middleclass white America.
I would like to respectfully disagree with x684867. You are seeing signs on the internet of people beginning to realize that they are constantly lied to by politicians and the main stream media. Most of the people inhabiting the internet who have come to have any significant opinions about this are likely between the ages of 14 and 30 (most likely more so between the ages of 15 and 20). As such, these people do not have a significate ability to influence to government, there are very few if any politicians in those age brackets, and most politicians refute their arguments by simply disregarding them for being liberal or immature. The fact is, nothing is going to change until the people with political power change. They're from an entirely different culture in which things of this nature were, for no good reason, very taboo. From this culture was born an idiotic "THINK OF THE CHILDREN" mindset, and it's not just going to go away.
I so agree with the writer of this piece.
Isn't there SOME way this can be reversed / overturned ??
This is an EXTREME reaction -- equals a witch hunt -- by "holier than thou" types - who judge all others -- and ruin lives....
These very people, no doubt -- will go on to become hired by DHS - who likewise ruins lives of entire families - because they place themselves "holier than thou" -- I hope NONE of them ever have a sound night of sleep.
This poor young boy. Age 18 is hardly adult - although, yes - our country does permit these children to go and die for their country ...
This boy is a CHILD and this is childish foolishness. To put a grave damning charge on it is pure cruelty.
Eh, maybe 14 will get you 20 should be mandatory edumacation for 17-about-to-turn 18?
Post a Comment