alohadave
Doing better
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When you run a porn story site, you can decide where the line is.
The under 18 thing
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NoTalentHack
Corrupting Influence
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True, but it gets into issues of consent that interact in extremely gross real world ways with incest. Real life adult incest is icky, and sometimes even coercive; underaged incest is always coercive. Minors legally (and arguably morally) can't provide consent, and that IS the majority of incest in the real world: adults forcing children to do awful shit. I can't blame the site for not wanting to open up that can of worms. All it would take is some sicko having pages and pages of saved stories involving underage characters from Literotica for them to get a lot of heat very fast, even if it were only of the public opinion kind and not the law enforcement kind.
Yes, yes, I hear the "but we already have a NC/R section" comments, but it has its own issues, ones which would be made even worse by the existence of underage consent there.
When it comes down to it, it's the site's rules, and they make sense within the context of what the site wants to be. If you want to have your "14 year old's sexual awakening story," (or any of the other, more dubious stuff) there are other sites, like SOL, where you can write and post that. Will you get as many views as you would here? No; or rather, yes, because you won't get any views of it at all here, because it won't make it past the mods.
I'd like to point out, also, that other sites have differing "hard no" points. Lush doesn't allow basically any NC more squicky than "reluctance," which... whatever. This isn't the NC/R discussion. However, even hinting that a character is aware of sex before 16 (their character age minimum) is verboten. I posted my first-time story First and Last there and had to change the line
to
in order to make it past their censors.
It is what it is. There are reasons, and they're pretty easy to suss out, even if they've never been explicitly stated. If people don't like it (and I'll admit that I myself find the line frustrating sometimes), you can work around them, or you can go to another site that's better suited to the story you're trying to tell.
Kelliezgirl
Debauched Dilettante
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You can mention someone had a kid at 17 or whatever.
Just can't discuss the conception.
alohadave
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Yes it can.
M_K_Babalon
Harbinger of smut
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Sadly it is illegal based on how closely related both adults are.
Kelliezgirl
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Illegal where? Under what law would a person be prosecuted?
If there are any such laws on the books anywhere they would fall victim to the same legal challenges that took down the sodomy laws.
alohadave
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https://en.wikipedia.org/wiki/Legality_of_incest_in_the_United_States
It was a quick search.
The laws are not being challenged, because in real life, incest is one of the few things that almost everyone agrees is not a good thing to allow or encourage.
Kelliezgirl
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The laws aren't being challenged because I doubt anyone wants the public stigma of challenging them. Also, it requires you to get prosecuted for violating the statue before you have standing to challenge them.
But we are legislating morality, which I've been assured is a terrible, terrible thing.
alohadave
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I think you need to get out of the porn bubble and ask 10 random people if they think incest should be legalized. It should be illuminating.
That's not the only way to challenge and change laws.
Kelliezgirl
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In 1970 you could have asked 10 random people if homosexuality should be decriminalized. Is that the measure of what our laws should reflect?
I'm not in any kind of bubble, nor have I claimed it would be popular. I have simply pointed out that those laws would likely not survive judicial scrutiny on the exact same grounds that saw the various sodomy laws struck down.
And yes, you have to have standing to challenge a law in court in the United States. Norma McCorvey (aka Jane Roe of Roe v Wade) was a pregnant woman who wanted to have an abortion and couldn't get one. That gave her standing to sue.
Richard and Mildred Loving of Loving v Virginia were prosecuted and sentenced to prison for violating Virginia law and thus had standing.
Law suits get thrown out all the time over a lack of standing.
It was a quick search:
https://www.law.cornell.edu/constit...tion-2/clause-1/standing-requirement-overview
Yes, there are other ways to change laws, but I specifically addressed the courts.
M_K_Babalon
Harbinger of smut
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I guess having sex with zaddy is a bit different than having sex with daddy, which apparently here in Kentucky is five to life in prison for anybody before first cousins. Of course anybody doing it is gonna keep it on the dl. Also sodomy laws still exist, they just aren't there to make being gay illegal anymore.
I think many people over-think this. What people really need to do is apply the 'reasonable person' test which is used in law, i.e. 'Would a reasonable person if reading this believe it portrays a minor in a sexual way?'
As one example, if I wrote a fat fetish story where the male narrator reflects on his childhood as an overweight kid/teenager who was banished to fat camp in summer and theorizes that he developed his fat fetish for overweight and obese women by spending his summers with overweight girls in his younger years, this would hardly set off alarm bells and is a perfectly reasonable explanation for his fetishes as an adult.
But if the narration goes into more details, such as him describing he and the other overweight boys engaging in voyeurism with the overweight girls at the fat camp and what they saw, then this would not be okay.
As one example, if I wrote a fat fetish story where the male narrator reflects on his childhood as an overweight kid/teenager who was banished to fat camp in summer and theorizes that he developed his fat fetish for overweight and obese women by spending his summers with overweight girls in his younger years, this would hardly set off alarm bells and is a perfectly reasonable explanation for his fetishes as an adult.
But if the narration goes into more details, such as him describing he and the other overweight boys engaging in voyeurism with the overweight girls at the fat camp and what they saw, then this would not be okay.
SimonDoom
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All but two states in the United States criminalize consensual adult incest. If the laws were challenged in court, would they be overturned using the same logic as the sodomy decision? I don't know, but I doubt it. While I personally don't see the point of criminalizing consensual adult behavior, there are policy reasons for forbidding incestuous behavior that don't apply to butt sex. Whether or not you think those policy reasons are sound, I suspect most judges would be loath to overturn those laws, and I doubt that the US Supreme Court as currently constituted would rule that way.
Adult incest is typically kept very secret, so it's unlikely to be discovered and therefore unlikely to be prosecuted. If the prosecutions are rare, then the challenges are rare, so there's a good chance that the laws will remain on the books but almost never be enforced.
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