The act is real in rape porn. It's not apparent. The only question is if the participants are acting in terms of intent - the violent rapist and the victim. The only people that part might help might be the "actors", as long as they didnt intend it for distribution. Which rape porn actors would presumably. Here is the quote again:mistermack wrote:I honestly don't see where you are getting that from. There's nothing in the excerpt that you posted that indicates that.ronmcd wrote: If the material APPEARS to be completely real, ie violent rape, and it was created for pornographic distribution, then possessing it (ie downloading it) will be illegal.
How do you come to that conclusion, when the defence of apparent and not real is so clearly stated?
What's the difference between simulated, and "apparent and not real" ? It seems clear to me that the two have exactly the same meaning.
And therefore the material would be illegal if it was recorded as porn with the intention of distributing it.There is also a defence for those who can prove that they participated in the act depicted, that the extreme nature of the act was apparent and not real and there is no intention to distribute the material.
Your original link to the English CPS, I agree that it is more concerned with violent acts which present a danger to people, so doesnt cover rape porn, only violent rapes with apparent danger (not sure theres any other kind, but anyway). Thats why its being changed. But the Scottish law already includes rape as well as violent rape.
The recent law in scotland explicitly states acting is not excluded, it's now covered by the law in Scotland, for rape as well as violent rape. If it's "explicit and realistic". I found the part in the current Scottish law:
The question of whether an act depicts in a realistic and explicit way an act of rape or other non-consensual penetrative sexual activity will be for the court to determine. An image or series of images made using actors may, depending on the context, nonetheless fall within the definition if the depiction is explicit and realistic.