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Man convicted of "child porn" after viewing *animated cartoons*

  • 16-07-2012 09:20PM
    #1
    Registered Users, Registered Users 2 Posts: 17,798 ✭✭✭✭


    http://www.herald.ie/news/courts/paedophile-had-25-cartoons-of-child-porn-on-pc-3167614.html
    A CONVICTED child abuser downloaded computer-generated child porn because he wanted to get sexual gratification without involving children, a court has heard.

    Traces of 25 computer-generated images showing children involved in sexually explicit activity were found on computer hard drives belonging to John O'Neill (54).

    The court heard that O'Neill of Moyne Road, Ranelagh, Dublin had downloaded the images for free after using search terms "porn toons" and "3D Incest".

    Toddlers

    Detective Garda Mark O'Neill told Una Ni Raifeartaigh, prosecuting, said that the images did not depict real children but they were very graphic and clearly made to look like children. The images showed graphic depictions of sexual activity with very graphic speech bubbles.

    When confronted with the images, O'Neill said he viewed them out of boredom and found them sexually gratifying.

    He said viewing the thumbnail images of children as young as toddlers was like using a TV remote control.

    He also said he didn't think there was any harm in it and said he thought it was a safe way of getting gratification without involving children.

    O'Neill later agreed with gardai that if there wasn't a demand for the images they wouldn't be produced.

    O'Neill pleaded guilty at Dublin Circuit Criminal Court to possession of 25 images of child pornography at his flat on dates between October 24, 2008 and January 10, 2009.

    He previously received a 10- year prison term for rape, indecent assault and sexual assault of minors. This sentence was reviewed seven years later and O'Neill released under probation for five years.

    The court heard he was on the Sex Offenders' List and was being monitored and had undergone after his release and treatment.

    Forensic

    Remy Farrell, defending, said O'Neill's orientation was "a life long issue". He argued that these offences were at the lowest end of the spectrum because O'Neill had only viewed the images without saving them.

    Experts at the Garda Computer Crime Unit used forensic software to retrieve traces of the viewed images.

    Mr Farrell said without his client's guilty plea there could have been an "interesting legal issue" around whether simply looking at porn would amount to possession.

    Judge Martin Nolan adjourned sentencing until Tuesday next to consider the appropriate course of action.

    Now, first of all before anyone goes down this route, I loathe those who abuse children with a firey passion and regard it as among the most evil crimes one can commit.

    However.

    This case really bothers me. Since when does the definition of abuse cover fictional, drawn characters? Who is being harmed in these images, exactly?
    This is straying dangerously away from the "protecting children" angle to the "thought crime" angle. In this particular case, no real human beings were being abused or harmed. Realistic or not, they weren't real. How does that count as a crime?

    I actually find the fact that the court considered this a real crime extremely disturbing. Where does it end, exactly? What if he had been reading x rated stories involving minors? What if someone views a fictional movie depicting adults engaged in an illegal activity, does that count somehow as a crime too? Slippery slop is ridiculously slippery. I can't think of any way to describe this other than "thought crime".

    Opinions from AH?


«134567

Comments

  • Registered Users, Registered Users 2 Posts: 51,054 ✭✭✭✭Professey Chin


    Japans fcuked


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    I cracked one off over the Cabury's Flake bunny once.

    Nothing to do with this issue really. Just felt like sharing.


  • Closed Accounts Posts: 13,029 ✭✭✭✭Chuck Stone


    I'm too thick to give this serious thought so 'kill all peados' will have to suffice.

    'KILL ALL PEADOS'


  • Registered Users, Registered Users 2 Posts: 17,798 ✭✭✭✭hatrickpatrick


    I cracked one off over the Cabury's Flake bunny once.

    Nothing to do with this issue really. Just felt like sharing.

    How long have you been burning for an opportunity to get that off your conscience? :P


  • Closed Accounts Posts: 3,249 ✭✭✭Scioch


    Bit disturbing alright, is watching Jerry smack Tom in the face with a frying pan animal cruelty now :confused:


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  • Registered Users, Registered Users 2 Posts: 720 ✭✭✭Fight_Night


    This is a disgrace imo. Yes I think we'd all agree that pedophilia is disgusting, but the sad fact is that some people are attracted to children. This is certainly a better alternative to real child porn and nobody is getting harmed in the making of it. Aside from that, is that essentially saying that you cannot draw pictures of certain things?


  • Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    Firstly, he didn't possess it, just viewed it but the article says he downloaded it?

    I think it's horrible what happened.

    It was 3D images. It's not the courts fault. The law is this country is downright idiotic at times and judges have to abide by it.

    It's not child porn, it's not real. It's more of a "well you have weird taste but don't share it with me".

    I don't think he possessed it. I do think (if this was actual child porn) searching for it is pretty stupid and should be dealt with.

    But come on it's animated. It's not like I see a few kids at a beach and start drawing them. That's creepy.

    I hate this shíthole of a country at times :(


  • Registered Users, Registered Users 2 Posts: 4,559 ✭✭✭Millicent


    http://www.herald.ie/news/courts/paedophile-had-25-cartoons-of-child-porn-on-pc-3167614.html



    Now, first of all before anyone goes down this route, I loathe those who abuse children with a firey passion and regard it as among the most evil crimes one can commit.

    However.

    This case really bothers me. Since when does the definition of abuse cover fictional, drawn characters? Who is being harmed in these images, exactly?
    This is straying dangerously away from the "protecting children" angle to the "thought crime" angle. In this particular case, no real human beings were being abused or harmed. Realistic or not, they weren't real. How does that count as a crime?

    I actually find the fact that the court considered this a real crime extremely disturbing. Where does it end, exactly? What if he had been reading x rated stories involving minors? What if someone views a fictional movie depicting adults engaged in an illegal activity, does that count somehow as a crime too? Slippery slop is ridiculously slippery. I can't think of any way to describe this other than "thought crime".

    Opinions from AH?


    Yeah, I'm in two minds about this. I would think, perhaps, that treatment might be the answer rather than a jail sentence. Then again, should we arrest everyone who reads Lolita or who reads hentai? It's one I'm glad not to have to decide on, tbh.


  • Registered Users, Registered Users 2 Posts: 34,788 ✭✭✭✭krudler


    I cracked one off over the Cabury's Flake bunny once.

    Nothing to do with this issue really. Just felt like sharing.

    who hasnt? that rabbit has some curves.


  • Registered Users, Registered Users 2 Posts: 5,238 ✭✭✭humbert


    I think it crosses the line between harming children and committing thought crime.


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  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    How long have you been burning for an opportunity to get that off your conscience? :P

    Since the late 1980s probably.

    Still, she was sexy little bunny.



  • Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    Here's a thought: if he drew images of cartoon kids for his own use (ew)... is he producing child porn?
    Millicent wrote: »
    Yeah, I'm in two minds about this. I would think, perhaps, that treatment might be the answer rather than a jail sentence. Then again, should we arrest everyone who reads Lolita or who reads hentai? It's one I'm glad not to have to decide on, tbh.

    I thought hentai was drawn images?
    But yes, according to Irish law if you did view hentai and the imaginary girls were underage, it's child porn. That's the exact thing that happened to the poor guy in the OP.


  • Registered Users, Registered Users 2 Posts: 1,211 ✭✭✭Owen_S


    Obviously it's quite a messed up case, but at least no children were harmed as a result of this animated stuff.


  • Closed Accounts Posts: 3,263 ✭✭✭Gongoozler


    That is actually mental. I read and re-read in an attempt to find what the crime he committed was, assuming the thread title was just sensationalist, but that really is it. I suppose the word 'depicting' may cover animation...


  • Registered Users, Registered Users 2 Posts: 1,235 ✭✭✭Odaise Gaelach


    Firstly, he didn't possess it, just viewed it but the article says he downloaded it?

    Well, technically, in order to view content on the web it needs to travel from a webserver to your computer and thus is downloaded, regardless of whether it's being permanently stored on the computer or not.


  • Banned (with Prison Access) Posts: 1,010 ✭✭✭saiint


    oh gawd imagin been banged up for **** over cartoon pictures
    media will love this


  • Closed Accounts Posts: 439 ✭✭Ms.M


    I've watched them animé porn things. They're only cartoons!!!!!!
    I'm a good person!!!


  • Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    Well, technically, in order to view content on the web it needs to travel from a webserver to your computer and thus is being downloaded, regardless of whether it's being permanently stored on the computer or not.

    Well when one thinks of downloading it's more of a "save file" thing.
    I forget where but one country (or state in America maybe) did rule that coming across child porn and not saving it/trying to view more is legal.

    But still, even he searched for cartoon porn, who gíves a fúck, it's a ****ing imaginary cartoon. (that wasn't in reply to your post though) :)


  • Registered Users, Registered Users 2 Posts: 3,854 ✭✭✭Sinfonia


    That makes no sense.


  • Registered Users, Registered Users 2 Posts: 17,798 ✭✭✭✭hatrickpatrick


    Millicent wrote: »
    Yeah, I'm in two minds about this. I would think, perhaps, that treatment might be the answer rather than a jail sentence. Then again, should we arrest everyone who reads Lolita or who reads hentai? It's one I'm glad not to have to decide on, tbh.

    TBH I would decide on it very easily. No real human being being abused = no offense.
    These laws exist to prevent children being abused for the purposes of filming and distributing. Kill the market for it and you kill the supply.

    They do not exist to prohibit certain fantasies. I mean let's take this even further: If he is found to have pictured illegal activity in his mind, should that also be a crime? I honestly don't see a difference. This is fantasy. It's cartoon. It's text.

    This absolutely should not be a crime. Not because I approve of it, but because to be honest I don't want to live in a society which criminalizes things purely based on "bad taste".


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  • Closed Accounts Posts: 20,919 ✭✭✭✭Gummy Panda


    It's considered intent. If I remember correctly, if you look at porn featuring an actor who looks and is depicted as underage even though they're legal, you can be arrested and put on sex offenders list


  • Registered Users, Registered Users 2 Posts: 4,559 ✭✭✭Millicent


    I thought hentai was drawn images?
    But yes, according to Irish law if you did view hentai and the imaginary girls were underage, it's child porn. That's the exact thing that happened to the poor guy in the OP.

    He's not a "poor guy", to be fair. He was somebody Googling "3D incest". I'd say intervention with a counsellor or something similar might be a good approach if our legal system deems him guilty. That's not to say I'm comfortable with what he's been found guilty of. I'd rather someone view that kind of porn than one of a child being abused.


  • Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    The guy was a convicted child abuser.
    But I have to say at least he had a f**king good idea to keep him away from real kids.
    It's considered intent. If I remember correctly, if you look at porn featuring an actor who looks and is depicted as underage even though they're legal, you can be arrested and put on sex offenders list

    In Ireland? It's still messed up though. There are women aged in their 30s that still look young and have barely any womanly features.


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    I don't want to live in a society which criminalizes things purely based on "bad taste".

    Jedward & Westlife would agree.


  • Posts: 0 [Deleted User]


    http://www.herald.ie/news/courts/paedophile-had-25-cartoons-of-child-porn-on-pc-3167614.html



    Now, first of all before anyone goes down this route, I loathe those who abuse children with a firey passion and regard it as among the most evil crimes one can commit.

    However.

    This case really bothers me. Since when does the definition of abuse cover fictional, drawn characters? Who is being harmed in these images, exactly?
    This is straying dangerously away from the "protecting children" angle to the "thought crime" angle. In this particular case, no real human beings were being abused or harmed. Realistic or not, they weren't real. How does that count as a crime?

    I actually find the fact that the court considered this a real crime extremely disturbing. Where does it end, exactly? What if he had been reading x rated stories involving minors? What if someone views a fictional movie depicting adults engaged in an illegal activity, does that count somehow as a crime too? Slippery slop is ridiculously slippery. I can't think of any way to describe this other than "thought crime".

    Opinions from AH?

    He is an offender and was being monitored.
    I think in this case the judge should look at some sort of treatment.
    However he was still getting sexual gratification from viewing images of children and as such posed a risk to real children.
    I can only imagine the AH outrage had this man re offended and then it was found out that garda had information about him viewing images but didn't act.

    So I think they had to go after him and once the DPP had the file this has to go to court.
    Perhaps a lighter sentence but with continued monitoring because in this case it worked.


  • Registered Users, Registered Users 2 Posts: 2,484 ✭✭✭The Snipe


    This is a disgrace, considering a lot of Hentai is based around minors (if you consider some videos, and a lot of the doujinshi are based off Anime, such as Pokemon etc. where the characters are minors). Aswell as there being a full section (Lolicon) based around this.

    Although I do not condone child porn in anyway, as mentioned this is a very very messy ordeal.


  • Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    Millicent wrote: »
    He's not a "poor guy", to be fair. He was somebody Googling "3D incest". I'd say intervention with a counsellor or something similar might be a good approach if our legal system deems him guilty. That's not to say I'm comfortable with what he's been found guilty of. I'd rather someone view that kind of porn than one of a child being abused.

    In this case I have nothing buy sympthy for him.

    Being "cured" of liking kids is like being cured of being gay, it's impossible.

    All of us have fantasies. Who's to say his 3d cartoons weren't just fantasies?
    There's a bunch of lovers of porn where the actors pretend to be related.

    I still feel disgusted. I honestly think he had the right idea if it prevent him going near kids. But there you go, he's demonized for trying to fix his own issues.
    However he was still getting sexual gratification from viewing images of children and as such posed a risk to real children.

    I get sexual gratification about looking at sexy blondes.
    Am I danger to blonde women?

    No, I'm not. That attitude of "he's a danger" is outdated and is akin to all man are rapists for looking at porn.


  • Posts: 0 [Deleted User]


    The guy was a convicted child abuser.
    But I have to say at least he had a f**king good idea to keep him away from real kids.



    In Ireland? It's still messed up though. There are women aged in their 30s that still look young and have barely any womanly features.

    If you knew they were overage I don't think there is a legal issue or surely then genre of schoolgirl porn would be child porn.


  • Posts: 0 [Deleted User]


    In this case I have nothing buy sympthy for him.

    Being "cured" of liking kids is like being cured of being gay, it's impossible.

    All of us have fantasies. Who's to say his 3d cartoons weren't just fantasies?
    There's a bunch of lovers of porn where the actors pretend to be related.

    I still feel disgusted. I honestly think he had the right idea if it prevent him going near kids. But there you go, he's demonized for trying to fix his own issues.



    I get sexual gratification about looking at sexy blondes.
    Am I danger to blonde women?

    No, I'm not. That attitude of "he's a danger" is outdated and is akin to all man are rapists for looking at porn.

    Have you raped women?
    This guy was a convicted paedo, should the justice system have just released him and pretended he never done wrong when he was released?


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  • Closed Accounts Posts: 20,919 ✭✭✭✭Gummy Panda


    In Ireland? It's still messed up though. There are women aged in their 30s that still look young and have barely any womanly features.

    How they're depicted is important. It's the same in the UK. A guy got done for having some video of an Asian American pornstar called kitty. He proved she was legal age but judge ruled it was intent based on her being depicted as a minor.


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