Ambrya wrote:
gbaji wrote:
Dakota Fanning is *actually* 12 years old. The point is that a 12 year old should not even be in a scene depiciting sexual activity, no matter how "obscured" it is.
It's not "sexual activity." "Sexual activity" implies two willing participants. She's not giving her boyfriend a ******* or engaging in prostitution for drugs. It's RAPE. It's an act of violence and power, not an act of sex. The film is not portraying her character as willingly engaging in this activity, it's portraying her character being assaulted. It's a real-life tragedy that happens every day, and it is by no means being trivialized and treated gratuitously. If we see child actors playing scene where their characters are being physically abused, or witnessing events that no child should have to witness, then there should be no problem with child actors playing scenes where their characters are being sexually assaulted, UNLESS you want to make the argument that such a scene is somehow titillating--in which case the objectification of the child is in the eye of the beholder, not the scene itself.
This all boils down to people wanting to pretend that the sexual assault of children doesn't happen--AND IT DOES. There's no reason a child actor can't portray a character to whom it happens, as long as the filming is done in such a way that does not sexualize and objectify the child, which clearly isn't the case here.
Um. No. It has nothing to do with that at all. It has to do with what the law says. Now, I don't agree that it's "child pornography", however it can be argued that if the scene does appear as it's been described so far that it is in violation of federal
Child Exploitation Laws In order for it to be "child pornography", the "sexually explicit conduct" requires that it be "graphic" (genitals are visible), and that it be "indistiguishable from "real sex" (which would fail since she's an actress so we know that no actual sex occured).
This is the counterargument that I've seen. However, it does not have to be "child pornography" to still violate the law. For every other portion of this code, the definition for "sexually explicit conduct" is as follows:
Quote:
(A) Except as provided in subparagraph (B), “sexually explicit conduct†means actual or simulated—
(i) sexual intercourse, including genital-genital, oral-genital, ****-genital, or oral-****, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) *************
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;
(paragraph B is where it's defined for child pornography in case you're curious)
The key bit is "actual or simulated". Assuming the rape scene is a "simulated sex act", and the person involved is an actual minor, then the scene can be considered a violation of this section of the law. Acting just means that it's not child pornography (although the fact that it's not "graphic" counts that out anyway). Note, that this section does not require that the sex be "graphic". You don't have to see genetalia, or penetration, or any nudity at all for it still to qualify as "simulated sexual intercourse". Presumably, we are lead to believe in the story that the victim is being penetrated, this meets the criteria as simulated sexual intercourse (genital-genital).
Again. This is up to the lawyers to decide. However, if they did include a scene in which she's visually shown to be "raped", even if it's not explicit or graphic, it may violate the law. Interestingly enough, I read another article on this that suggested that the scene has been removed and the "rape" occurs entierly offscreen. If that's the case, then they aren't in violation of the law.