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Owning RapeLay might be a federal offense photo

Time to start scrubbing those hard drives, kids. A recent article over at GamesPolitics suggests that owners of the controversial hentai title, RapeLay, could be found guilty of possessing child pornography in US courts.

This stems from a recent decision by the 4th US District Court of Appeals where the court refused to hear the appeal of Dwight Whorley of Virginia. While Whorley was convicted for possession of very real pornography of very real children, he was also charged on account of owning manga which depicted children and animals engaged in sexual acts.

Under the 2003 PROTECT Act, owning visual depictions of minors engaged in sexual activity -- regardless of the medium used or if the minor in question even exists -- can be considered a federal crime. Now, this may tempered by whether or not the item can be considered to have artistic or scientific value but it could all fall under that most mysterious of legal terms and be labeled "obscene." You know, whichever way works for the judge.

Under such guidelines, it is not outside the realm of possibility that the game be considered child pornography in the United States. The logical leap would not be an extreme one for a district attorney to go from hentai to hentai games to something like RapeLay. Since the entire plot of the game centers around raping a mother and her two underage daughters, I'm sure you'd have to dig deeper than an oil drill to convince an American judge of its artistic merits.


Continue: More Rape Festival stories





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50 comments | showing # 1 to 50

garison's Avatar - Comment posted on 06/21/2009 00:02
garison
I have to admit, this is slightly bullshit.
ArrestedDeveloper's Avatar - Comment posted on 06/21/2009 00:03
ArrestedDeveloper
Someone better call Ron.
ZeroTolo's Avatar - Comment posted on 06/21/2009 00:04
ZeroTolo
Times like these prompt me to point out my opinion on the difference between owning something and having it in your possession.
Mini-Boss's Avatar - Comment posted on 06/21/2009 00:05
Mini-Boss
90% of hentai involves high school girls so i guess most of us are fucked, not me though, i dont have any of that, thats gross, (cough)
Scary Womanizing Pig Mask's Avatar - Comment posted on 06/21/2009 00:06
Scary Womanizing Pig Mask
As fucking creepy as Loli hentai is, it's not illegal and seeing the precedent this may set is almost as disturbing to me as the porn itself :(
bluexy's Avatar - Comment posted on 06/21/2009 00:13
bluexy
Grounds for a search? Maybe. Federal offense? Ya, that's a stretch.
Jack8274's Avatar - Comment posted on 06/21/2009 00:14
Jack8274
Fuck them. I'm keeping it. It's been illegal in Canada for a hell of a lot longer lol.
Paviel's Avatar - Comment posted on 06/21/2009 00:18
Paviel
I always thought that possession of child pornography was illegal on the grounds that it documented a crime committed against a real child, and by using such documentation for personal gratification, one condones the crime.

Even manga or anime depicting young children being raped in the most horrifying ways possible is still probably fictional. If such media become illegal, the next thing they'll probably do is outlaw films that depict animals being harmed, even if the film makes it absolutely clear that "No animals were harmed in the making of this film."

I wonder if it would make any difference if hentai or other porn had the disclaimer that "No children were harmed in the making of this [insert medium here]"?
phantomile's Avatar - Comment posted on 06/21/2009 00:19
phantomile
This is the dumbest thing I have ever heard.

I tried the game, and while it didn't succeed in turning me on very much, it REALLY isn't that bad. Certainly not bad enough to say it is on par with possessing child pornography. That's just insane.
ChronosWing's Avatar - Comment posted on 06/21/2009 00:21
ChronosWing
Right.... So does this mean they are gonna start busting into anime cons and arresting booth artists? Because some of the loli hentai they keep in those black binders for any con goer to look at can be down right disturbing.
Monodi's Avatar - Comment posted on 06/21/2009 00:23
Monodi
having tits of that size and shape in uncanny valley
Haizeus's Avatar - Comment posted on 06/21/2009 00:30
Haizeus
Scorpions fans are screwed.
Paviel's Avatar - Comment posted on 06/21/2009 00:30
Paviel
Something else has just occurred to me: Does anyone else give a damn about anything other than the disturbing precedent? (Granted, the precedent is pretty disturbing...) It's such a bad game that I don't think that anyone would care that it's illegal to own it, if it weren't for that precedent.

There would be a riot if it led to the banning of a more popular game, though... and my mind is dirty enough to imagine using World of Warcraft to make something like pornography... with gnomes... Um, nevermind...
njsykora's Avatar - Comment posted on 06/21/2009 00:34
njsykora
"Since the entire plot of the game"

RapeLay has a plot?
Volcanon's Avatar - Comment posted on 06/21/2009 00:40
Volcanon
So if I draw a picture of a girl naked and say she's 17, I can go to prison?
ZeroTolo's Avatar - Comment posted on 06/21/2009 00:45
ZeroTolo
@Volcanon

A) your avatar ties that statement together very well.

B) you almost sound hopeful that you'll get to go to prison. But that's just my internal monologue's emphasis.
Tdiddy9182's Avatar - Comment posted on 06/21/2009 00:50
Tdiddy9182
I better alert all my weeaboo friends
Qraze's Avatar - Comment posted on 06/21/2009 00:51
Qraze
this is just the beginning. we americans are being taxed on every new thing the government wants, our president smokes cigarettes and those are at crack prices now, farmers are about to be taxed for every cow they have (methane gas farts), only one news station has the balls to call out the fuct policies of our presidents plans and he wants the network cancelled (it is fox news). and now health care will be demolished by the end of the year. the end is nearing faster and faster. our rights are being taken from us right in front of our faces and i want to kill all the fat cat elitest politicians who don't have a clue but for themselves. if you think i'm crazy,you're right, i am Qraze.

a fool takes no delight in understanding.
bluemeep's Avatar - Comment posted on 06/21/2009 00:56
bluemeep
Fuck it, I'm moving to New Zealand.
Sharpless's Avatar - Comment posted on 06/21/2009 00:58
Sharpless
Man, there are apparently a lot of upset, nervous pedophiles on Destructoid...

Who, me? Baiting? Yeah, jailbaiting.

*applause*

*cut to a commercial*
Kyousuke Nanbu's Avatar - Comment posted on 06/21/2009 00:59
Kyousuke Nanbu
Oh for fucks sakes.

The game came out in 2006, it suddenly pops up in amazon and people start raising a stink about it, hell Rapelay is relatively tame considering the kinds of games that come out in Japan, I really fucking the knee-jerk reactions of the U.S.A sometimes.

And simply owning being considering a federal offense sets a terrible precedence and opens up a door of litigation that scare the crap out of me.
TheStripe's Avatar - Comment posted on 06/21/2009 01:00
TheStripe
The important factor here it whether or not the work in question is obscene. As long as it fails the Miller test, it's nit obscene, and is protected by the first amendment. I have a feeling that since Rapelay is a line item on a laundrylist of kiddyfilth, it won't even get addressed. If the only thing they found in this guy's place was Rapelay, the Feds would have a much harder time making real charges stick.
KaL YoshiKa's Avatar - Comment posted on 06/21/2009 01:12
KaL YoshiKa
I agree with TheStripe here. It's easy to throw in "Also he owned this game" in much the same way school shooters played video games. The fact that he owned actual child porn is disgusting and he deserves prosecution.
Havoc Fang's Avatar - Comment posted on 06/21/2009 01:19
Havoc Fang
What if they aren't really 9 years old, they just lie/have been giving false information and have one of the diseases that stops their appearance aging?

Yeah, I can make my excuses.
Volcanon's Avatar - Comment posted on 06/21/2009 01:25
Volcanon
@ZeroTolo

lol, I was definitely joking. There are some very obvious differences between my comment and a game like rapelay, as well as actual child pornography. And, despite my choice of avatars, I have nothing to worry about.
phosphor112's Avatar - Comment posted on 06/21/2009 01:45
phosphor112
Lol, I'd finally have a reason to go to jail. Pretty sad right?

Well, that's if I owned it..and if that's from the game, those graphics suck lol.
GRIMDARK's Avatar - Comment posted on 06/21/2009 02:00
GRIMDARK
I think the biggest deal is right here:

http://www.wired.com/threatlevel/2009/05/manga-porn/

They convicted this guy who had NO REAL CHILD PORN - JUST LOLI MANGA.

I mean seriously, you can be arrested FOR DRAWINGS!?

I'm not into lolicon, and I think child porn is sick and disgusting as it can ruin a innocent child's life.

But seriously... ARRESTED FOR DRAWINGS! C'mon people... whatever your personal feelings are on the subject matter, as free men and women you have to see that the potential ramifications of this.
Neonie's Avatar - Comment posted on 06/21/2009 02:11
Neonie
If i draw a vagina and say it belongs to a 13 year old does that mean I can has prison now? Does it happen to cover the QUALITY or will a stick figure with maturing tits do? People are fucking DUMB.
Midgetsnowman's Avatar - Comment posted on 06/21/2009 03:15
Midgetsnowman
@Paviel: It exists. probably lord of the rings hobbit hentai likely exists.
SetoChaos's Avatar - Comment posted on 06/21/2009 04:26
SetoChaos
@Neonie It can also go the other way I think. Look at Rukia from Bleach, she looks underage but is in fact older than any normal human would live. What would happen if someone made hentai of her? This is quite a ridiculous law, being arrested for drawings lol, how stupid.
Jack Maverick's Avatar - Comment posted on 06/21/2009 07:00
Jack Maverick
I don't understand how this is considered an offense. Then again, I don't exactly have a clue on how the laws today work, but regardless, this is dumb.
Ronsauce's Avatar - Comment posted on 06/21/2009 07:07
Ronsauce
"only one news station has the balls to call out the fuct policies of our presidents plans and he wants the network cancelled (it is fox news)"

Hahaha...you stupid redneck. Fox 'news' is such a fucking travesty.
waspeater's Avatar - Comment posted on 06/21/2009 07:31
waspeater
I don't get where the 4th District is coming from with this. The US Supreme Court has already held invalid a federal statute making "simulated" child porn unconstitutional as being overbroad. I'm on my way out the door so I'm not going to bother comparing both opinions, but here's the Supreme Court case:

http://www.law.cornell.edu/supct/html/00-795.ZS.html

As an aside, I don't make a point of keeping apprised of the latest developments in kiddie porn laws; I'm an attorney. I'll take a look at the opinions later; I'm interested in first amendment issues, so I'll probably end up reading it sooner or later anyway.
mrplow8's Avatar - Comment posted on 06/21/2009 09:01
mrplow8
This is so stupid. In order for something to be a crime there has to be a victim. Who is the victim if someone buys or sells this game?
sheppy's Avatar - Comment posted on 06/21/2009 09:15
sheppy
First off, Fox News is the ONLY news network that successfully went to court to protect their right to lie. Fox News is News in name only. Officially they are classified as News Entertainment. It allows them the blatantly present falsehoods as the truth without having to, you know... tell the truth. Ironically enough, they've called out Daily Show and Cobert Report many times for being New Entertainment.

Second, this is indeed a disturbing trend. Why? Well, you know the thoery that making porn illegal will drop the number of sexual assault instances in any given community? Opposite is true. The theory that arming citizenry would be a better crime deterant than not arming people? Once again, opposite is true. What you have is a group of sick individuals who, at the moment, are perfectly happy with the lolicon. They get that fantasy, nut, wipe off their chest, and go to work. But take that lolicon away and suddenly you don't have that fantasy release anymore. Logic dictates they'll seek out the real deal. It may be an unhealthy fantasy life but whatever. If letting these people jerk it to FICTIONAL DRAWINGS keeps them from kidnapping and raping an 8 year old girl, FUCK! I'd draw them the stuff myself.
Doomsday Forte's Avatar - Comment posted on 06/21/2009 09:21
Doomsday Forte
That's great, it starts with an earthquake, birds and snakes, and aeroplanes--Lenny Bruce is not afraid...

Buckle your seatbelts, everyone. It's gonna get bumpy from here on.

But seriously, like most people in the thread here, I'm worried about the precedent this is gonna set. I mean, you know how I go all extreme and off the deep end with pessimism, but just think about it for a second. As already stated, it could go so far that not even fiction would be safe.

I wonder if they'll start banning children too. :3
Qraze's Avatar - Comment posted on 06/21/2009 11:09
Qraze
i am not a redneck, i do not watch fox news but we need some voice on the "other side" and fox news is that voice. just look at the rest of the news outlets that will not voice an opposition of our presidents agenda. i am a democrat too. i don't watch fox news exclusively but scan cnn, abc, nbc, bbc and fox news just so i don't get the one sided views these media outlets have and so i can dissect what the basic truths that are in each story. i don't agree that this game should ever have been made.

ronsauce, go fuck yourself you avatarless bitch.
HiddenAHB's Avatar - Comment posted on 06/21/2009 11:14
HiddenAHB
Ok, now i NEED to own this game.
Cowboy TTop's Avatar - Comment posted on 06/21/2009 11:37
Cowboy TTop
Its a sign of the times. Us smart folk in the west, are losing our freedom gradually in the name of overprotectionism. Creating a perfect utopia for the people is a noble goal, but at what cost? What's the point in being free at all, if you can't express yourself, in your place and privacy, without hurting anyone?

They'll say, we are doing this in the name of the children, and therefore it is just and unquestionable, and if you question it you hate children etc. This is a very religious like siege mentality. Now its starting to breach into though crime territory, where anyone is fair game, even when they are perfectly innocently enjoying, media that may be questionable to everyday tastes, but again isn't hurting anyone at all.

In todays world, males are usually hung out to dry, as guilty even before trial. It should be interesting when they pick up a female fan, for her yaoi manga and hentai games, because they enjoy that stuff just as much as the male fan do normal hentai. I wonder if a female would end up in jail for the same thing? Would this make her, worth spending tax payers money on to lock up.

I'm with Sheppy. Such media provides an outlet for those that need that outlet, as we aren't all the same. What if they are potentially stamping on something that could stop a lot of people progressing to something worse, involving real kids? Yeah, dammit, give these people mountains of fake drawn shit and there's less of a problem. I think those in power also need to educate themselves about this media properly, before they condemn it, problem is, while those who use it, or have knowledge of it, can take it like it is, and see the ridiculously warped fun side of it, more conservative minds are like... WTF!!

If any yanks own Rapeplay, it will be in dodgy pirate form, anyway. Would it really be worth chasing them for this? If its an illegal download, it shouldn't, but who knows. Would be interesting to see if the games industry would defend such a game in court, though.
Doomsday Forte's Avatar - Comment posted on 06/21/2009 12:34
Doomsday Forte
@Cowboy TTop: Goodness, you use a lot of commas. But I'm also guilty of that, so moving on!

"Those in power" are at least a generation or two older than ours. Come on, how many of your grandparents or even parents know how to do half the shit you do involving computers? And as "a series of tubes" describes the Internet...

I'm not sure they fully understand what exactly we're dealing with here. I mean, I understand technology advances quickly, but I'm not sure if anyone is trying to understand. It's not a good idea to turn a blind eye to something because it's difficult to keep up with. What with technology becoming integrated into our daily lives and most households having some form of computer, it's damn necessary for someone to actually know what the hell is going on here. After all, weren't we shitting ourselves ten years ago because of Y2K? As I heard it, the world (or at least the processes that run it) could have ended if it wasn't fixed. Buh?

Anyway, I'll get to the point. Lawmakers are likely going to remain out of touch on these issues and really blow stuff out of proportion like they are now. Yeah, I understand that the game is far from what we'd consider good in a number of ways, but A) it wasn't even rightly sold in America. You had to import it from Japan. Right? And B) what everyone else said about it being better for the person to make use of these materials than pull the real thing.

The problem is, with the bad rap video games have gotten in the press as murder trainers, they'll soon be labeled as rape trainers too. Maybe it'll get to the point where you can go to prison for even owning video games... Oh yes, extreme, but look at the knee-jerk to this and how the trainwreck is piling up.

It can't be good for anyone. But that's just me.
HamalSharatan's Avatar - Comment posted on 06/21/2009 12:38
HamalSharatan
Providing sick entertainment for degenerates is not a solution to anything.
Wolfrider's Avatar - Comment posted on 06/21/2009 12:45
Wolfrider
Wait a second. Are people forgetting that RapeLay was purchased through Amazon? Is the US going to charge people for legally buying a product from an American company and not charge the company with anything?

*Cue eye rolling*
Banana Kid's Avatar - Comment posted on 06/21/2009 13:25
Banana Kid
Heh heh. "Whorley".
Qraze's Avatar - Comment posted on 06/21/2009 13:57
Qraze
i agree wolfrider with charging the company with the crime that sold it, they're the ones making something off it, not us. what's next? charging me for murder because i killed a helghan in kz2? or charging me theft because i stole a car in gta? or charging me with possession because i watched superhigh me? fuck these politicians who don't want to get caught with a prostitute but still fuck them.

but its an amazon so they get a free pass. fucking politicians are getting a check and we get arrested.

i love my land but hate my government and always have.
Im OK's Avatar - Comment posted on 06/21/2009 16:41
Im OK
Unless they are forcing underage children to draw/model/code this shit against their will, then there are no children are being harmed by this. It is not "child pornography" and is not (or should not be) illegal.

The fact that it's sick filth (though, again, it shouldn't be banned either) has (or should have) absolutely no bearing on this at all.
Midgetsnowman's Avatar - Comment posted on 06/21/2009 16:57
Midgetsnowman
@Cowboy TTetop

Thats just the magical work of double standards, though. Its the same reason why rape on tv of a woman by a man is usually played for horror or tragedy, while rape of a male by a woman is considered comedic because the media perception is that males cannot possibly be raped because why would they ever be unwilling to sex a lady no matter how traumatic the circumstances?
PrinnyMedic's Avatar - Comment posted on 06/21/2009 17:12
PrinnyMedic
I'm not into rape anyway
l33tminion's Avatar - Comment posted on 06/21/2009 17:15
l33tminion
<I>You know, whichever way works for the judge.</I>

Worse, whichever way works for the <I>jury</I>.
Zonic505's Avatar - Comment posted on 06/21/2009 21:10
Zonic505
Heh, I remember a few years ago, you could see footage of this game on GameTrailers (of course, you can't anymore).

Why arrest people for a "crime" that doesn't harm anyone? There's no victim here. There's no victim if you kill someone in a video game. What, am I going to jail for squashing all those virtual Goombas after all these years for genocide??
Corak's Avatar - Comment posted on 06/22/2009 12:17
Corak
I'm also curious who the "victim" is here in this case. Just because you think something is sick filth doesn't mean it should be banned outright. Yea this kind of stuff isn't most people's thing, but you can't be for one form of freedom of expression and not another, especially when no "real" person is being harmed here.
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