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Man to be jailed for writing child porn stories

    M joenobody posted Fri, 30 Oct 2009 19:09:00 GMT(10/30/2009)

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    http://www.ottawasun.com/news/ottawa/2009/10/29/11570841.html

    Man to be jailed for writing child porn stories

    By MEGAN GILLIS, COURTS BUREAU

    A man got the minimum sentence of 14 days in jail Thursday for possessing child pornography — stories about sex involving teen girls and incest he wrote himself and never tried to publish or share.

    Judge Hugh Fraser called the facts in the case of Michael Jay Thomas “rather unique” because it dealt only with written material.

    Thomas, 43, pleaded guilty to one count of possessing child pornography. The 10 stories found on a computer hard drive are now sealed.

    “We don’t have real, live victims in this particular case,” defence lawyer Catherine Huot said in sentencing submissions.

    The law defines child pornography as material whose “dominant characteristic is the description, for a sexual purpose, of sexual activity” with someone under 18.

    Under the law, an accused could try to argue artistic merit as a defence.

    The Crown had sought three to four months in jail.

    Thomas was charged after police were contacted in December 2008 by employees of Future Shop — where he worked — regarding written material found on a demo computer.

    His resume was in the same folder.

    Thomas admitted that he’d written some of the stories and also edited material he found on the Internet.

    Fraser concluded the collection was small, involved teens and Thomas poses little risk to kids.

    He went to the Royal Ottawa Hospital for help on his own. A psychiatrist did phallometric testing and found him to be a low risk to reoffend. He was even lower risk where “live children” are concerned.

    Thomas had no criminal record and has already suffered, Fraser said.

    He’s lost his job; his wife of 16 years “wants nothing to do with him”; and his religious community, the Jehovah’s Witnesses, are aware of what he’s done.

    Thomas has to submit a DNA sample to the national registry and will be a registered sex offender for a decade.

    During a two-year probation order, he has to take any treatment suggested by a psychiatrist, stay off the Internet and away from girls under 18 without supervision.

    M mkr32208 posted Fri, 30 Oct 2009 19:20:00 GMT(10/30/2009)

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    That is wrong, for some writing out these 'fantasies' is therapeutic and prevents them from acting on their impulses. Who the $#% was the VICTIM here? A sheet of paper?

    WRONG WRONG WRONG WRONG... You touch a kid you should be shot, however this guy didn't do ANYTHING...

    M daniel-p posted Fri, 30 Oct 2009 19:25:00 GMT(10/30/2009)

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    Okay, so society has stated that you cannot own pornographic images of children... is it because of its sick nature? or because that pornography was created by exploiting children? I think think the second reason is more important, and should be the real reason why it is outlawed, because it supports the abuse and exploitation of children. However, how does a man writing his own stories, not sharing them, pose a threat to others? We could suppose that he used his stories to tantalize himself, and that those fantasies would someday be acted out. But such a theory is highly tenuous and is a slippery slope leading to many other unethical situations.

    EDIT: noticed this was in Canada, but principles still apply.

    F Mickey mouse posted Fri, 30 Oct 2009 20:00:00 GMT(10/30/2009)

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    Okay, so society has stated that you cannot own pornographic images of children... is it because of its sick nature? or because that pornography was created by exploiting children? I think think the second reason is more important, and should be the real reason why it is outlawed, because it supports the abuse and exploitation of children.

    CGI pornography involving children is also illegal. No child is exploited in this scenario but it is still outlawed. This would suggest that the main issue is the sick nature of the imagery, not whether children are harmed in the production of it.

    M Yizuman posted Fri, 30 Oct 2009 20:14:00 GMT(10/30/2009)

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    The mind of a pervert is a dangerous pervert.

    Yiz

    M mkr32208 posted Fri, 30 Oct 2009 20:25:00 GMT(10/30/2009)

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    Yeah right, go on limewire and look at what people are searching for in real time, 3 out of every 5 is some sort of child porn. MILLIONS of searches every day for REAL child porn and some jack hole DA is wasting time and resources over this? That idiot DA should be knee capped!

    If a real kid is hurt I'm all for throwing the book at the offender. As someone who WAS abused I have a zero and I mean ZERO tolerance for that. However this is ridiculous there WAS no victim as there WAS no child. Now this guys life is ruined, he'll never own a home or have a good job again. I know what I would do if some DA screwed my life up like that over some witch hunt...

    M Finally-Free posted Fri, 30 Oct 2009 20:40:00 GMT(10/30/2009)

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    Interesting. It is illegal to write a fictional story about having sex with a fictional person under 18 in Canada, but this is not reflected in the legal age of consent to actually have sex in Canada.

    A guy can have sex with a 17 year old and that's ok, but he can't write fiction about such a thing.

    http://www.parl.gc.ca/information/library/PRBpubs/prb993-e.htm

    Are we a little fucked up in Canada or what?

    W

    Beachwalker posted Sat, 31 Oct 2009 00:42:00 GMT(10/31/2009)

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    I guess he was prosecuted because that's how it starts in some cases. Soon writing about it won't be enough.

    I know that the State Library of Queensland, Australia pulled a book off the shelves, and in all the public libraries in the state, because it was deemed inappropriate. The story was similar, an older man and a teenage girl.

    Beachwalker

    John Doe posted Sat, 31 Oct 2009 00:47:00 GMT(10/31/2009)

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    Canada has no freedom of speech--they have freedom of socially acceptable speech. And hell, I'm not sure this would even count as speech, since it was evidently not published or shared with anyone.

    M Finally-Free posted Sat, 31 Oct 2009 01:28:00 GMT(10/31/2009)

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    Now this guys life is ruined, he'll never own a home or have a good job again.

    I'm curious. Why will he never own a home? Or have a good job?

    W

    sammielee24 posted Sat, 31 Oct 2009 02:11:00 GMT(10/31/2009)

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    it was evidently not published or shared with anyone.

    ----------------

    It was found on a company demo computer....that means it wasn't private nor his property. That means it was shared and the property of the company who had every right to find out who was putting porn on their computer. Had the man written this on his own computer, then like millions of I'm sure, mad diaries around the world, nobody would ever have known.

    I can only assume that must be where the charge arises from - or else there are aspects of the case unreported. sammieswife.

    M Finally-Free posted Sat, 31 Oct 2009 02:19:00 GMT(10/31/2009)

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    It was found on a company demo computer....that means it wasn't private nor his property.

    That's probably crucial to the case. Being a demo computer would have made it accessible to customers, including minors.

    I still believe our laws are screwed up. The age of consent for sex should be raised here. It was recently raised from 14 to 16, but I think that's still too young.

    W

    darkl1ght3r posted Sun, 01 Nov 2009 00:28:00 GMT(11/1/2009)

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    Hm. Really strange. As perverse as that is... I don't think he should be arrested. Although if I had kids and this guy lived next door to me, I'd be out of that neighborhood quicker than a bat outta hell.

    M DJK posted Sun, 01 Nov 2009 02:12:00 GMT(11/1/2009)

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    Now this guys life is ruined, he'll never own a home or have a good job again.

    I'm curious. Why will he never own a home? Or have a good job?

    He'll never own a home without a good job. It's becoming commonplace to do background checks on employment applicants even for jobs that aren't that good.

    My daughter recently try to volunteer at a local food pantry for the homeless. First they wanted 400$ and then they said they would do a background check. It's good that they don't want to provide a haven for the criminal element, but 400$ to volunteer?

    A man got the minimum sentence of 14 days in jail

    This man has a very sick mind IMO and he just got a slap on the wrist. I wouldn't send him to jail, I'd institutionalise him for a year.

    M Billy the Ex-Bethelite posted Sun, 01 Nov 2009 02:48:00 GMT(11/1/2009)

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    I wouldn't presume to judge somebody based on just a newspaper article. And I won't pretend to be the "elder" authority figure to punish or set free.

    On one hand it may have been sick and depraved. On the other hand, "stories about sex involving teen girls and incest", well, it could have been excerpts from the Bible or narration from a TV show.

    I won't fight with the court on it. They heard both sides. I don't care to examine what he wrote.

    But I will say that his biggest crime appears to be stupidity.

    M mkr32208 posted Wed, 04 Nov 2009 13:27:00 GMT(11/4/2009)

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    So if someone wrote a story about murdering someone would that person be guilty of murder? Should they go to jail or be sent to a mental institution? How about someone who writes extremely graphic stories of rape murder and cannibalism? You can go to any book store and find that! Hell you can go to the movies and see that depicted in absolutely realistic tones again and again! Should those people be subjected to jail time and or time in a mental institute? Child abuse is wrong but surely any of the scenes of murder mutilation and abuse as perpetrated in modern horror movies (such as Hostel and Saw) are far far worse. So writing and or producing THAT is just fine but a story about sex with a minor is a crime and you should be jailed? That is fuck stupid....

    Beachwalker- there has never been any sort of link shown between fantasy and action. In fact many times abuse of a minor has been shown to be a crime of opportunity by someone who has no real interest in sex with that minor. Like rape, child abuse isn't about sex. It's about power, it's about the destruction of innocence, it's about control. It's not really 'sexual' at all. I've done a lot of serious research into this because after I was abused I was made (by the elders) to feel like it was just as much if not more my fault that I was abused at age 12 by a 23 year old man. I rode that guilt train for a lot of years and wanted to find out why I felt so much guilt as an adult. Maybe instead of just making knee jerk reactions you should do some research too...

    Yeah the idiot certainly SHOULD lose his job no question no different than if someone filled a demo computer with copies of the 'two girls one cup video' yeah dumb and you go bye bye. However making it a criminal offense is wrong.

    M Tuesday posted Wed, 04 Nov 2009 13:31:00 GMT(11/4/2009)

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    This is kind of crazy, I'm a bit torn in that I think it should be addressed about writing the stories. But jail time and being labeled a sex offender is a bit much. I think if he submits to counseling that should be the end of it.

    M My Struggle posted Wed, 04 Nov 2009 14:53:00 GMT(11/4/2009)

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    "Thought Crimes" in action

    M mkr32208 posted Wed, 04 Nov 2009 16:09:00 GMT(11/4/2009)

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    Tuesday- Do you think that Thomas Harris should be forced to 'submit' to counseling? I mean after all decapitating someone and eating their dead body is surely a worse crime isn't it? Yet no one suggested that he be forced to 'submit' to counselling do they?

    M Tuesday posted Wed, 04 Nov 2009 16:23:00 GMT(11/4/2009)

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    Tuesday- Do you think that Thomas Harris should be forced to 'submit' to counseling? I mean after all decapitating someone and eating their dead body is surely a worse crime isn't it? Yet no one suggested that he be forced to 'submit' to counselling do they?

    You make a good point here. I concede that yes it is somewhat of a double standard. I do think the writers of Saw need counseling LOL. I think in this case if I were the judge I would send him to counseling to try and appease everyone in the situation. He probably doesn't need counseling or he might need counseling. This is the case of better safe than sorry. I think it also depends on the stories, how often, how many to see if he's constantly dwelling on this fantasy. It would be like if someone was writing rape fantasies constantly in gory details and so forth, they might need to seek counseling in case they decide to make the fantasy a reality or how to better deal with the fantasy. Or the therapist could see the subject and simply deem them as no threat whatsoever and this is a creative outlet. In which case the man would be free to go without penalty.

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