RAPE REALITY PORN – IS IT LEGAL?

It can be described as a subgenre within pornography that deals with the representation or description of sexual assault. It may involve the simulated rape of adult sexually consenting adults, fake rape, or actual sexual assault. Victims of actual rape could be coerced into feigning consent so that the material produced appears to be fake the rape, or even non-rape, pornography. The portrayal of rape within non-pornographic media does not count as pornographic rape. Simulated scenes of rape and other kinds that depict sexual assault have been seen on the screen in popular cinemas, such as movies about revenge and rape, since the beginning of time.

LEGALITY OF RAPE REALITY PORN VIDEOS ONLINE

The legality of pornography that simulates rape is different across legal jurisdictions. It has been criticized due to the belief that it can encourage individuals to engage in sexual aggression. However, studies on the consequences of pornography that depicts sexual violence have produced contradicting findings. Making genuine rape pornography has been identified as a sex crime in nations where rape is a crime. Real rape pornography, which includes the statutory rape of children in pornography, was created to earn money and for other reasons. Rape pornography, revenge porn, and other similar subgenres that depict violence are often associated with the culture of rape.

REALITY RAPE PORN IN UNITED KINGDOM

The possession of pornographic rape is prohibited within Scotland, England and Wales.

In Scotland, The Criminal Justice and Licensing (Scotland) Act 2010 made it illegal to possess "extreme" pornography. It also included images of rape and "other non-consensual penetrative sexual activity, whether violent or otherwise," that involved consenting adults and faked images. The maximum punishment is a non-negotiable fine and three years in prison. The law isn't often employed and has only resulted in one case within the first four years it was in effect.

LAW AND RAPE REALITY PORN

The law in England and Wales process took another five years until pornography that depicts sexual assault (including simulations that involve adults who have consented) was declared illegal within England and Wales and brought into law in conformity with the laws of Scotland. In Section 63, the Criminal Justice and Immigration Act 2008 had already made it illegal to possess possession of "extreme pornography," but it did not specifically define the depiction of sexual assault. In the past, it was believed that the distribution of pornographic material depicting rape could already be unlawful in England and Wales due to the Obscene Publications Act 1959; however, the decision of the case of R. v. Peacock on Jan 12, 2012, showed it was far from the situation. The new law was announced in 2013 by UK Premier David Cameron. In his address to the NSPCC, the Prime Minister said that pornography that portrays fake sexual assault "normalizes (s) sexual violence against women" however, it was the Ministry of Justice criminal policy department had previously stated the following "we have no evidence to show that the creation of staged rape images involves any harm to the participants or causes harm to society at large."

HOW RAPE REALITY PORN AFFECTS YOUTH?

In February of 2015, Section 16 of the Criminal Justice and Courts Act 2015 changed the Criminal Justice and Immigration Act 2008 to criminalize the possession of pornographic images depicting the act of sexual aggression. The law applies only to consensual, fake fantasies. Possession of images that show real rape, such as CCTV footage, isn't legal, but possessing a "make-believe" image created by adult consent is subject to criminal prosecution. In January 2014, sexual liberties advocacy groups criticized Section 16 as being poorly defined and likely to criminalize more material as was initially suggested. In April 2014, the BBFC's report to the Parliament indicated that the proposed law could not be used to cover "clearly fictional depictions of rape and other sexual violence in which participants are actors, acting to a script."

RAPE REALITY PORN IN GERMANY

In Germany, selling pornographic material containing fake or real sexual assault is illegal.

RAPE PORN REALITY IN UNITED STATES

There are no laws that prohibit sexual pornography in the United States. The law enforcement agencies are focused on instances in which they believe a crime was committed during the making. "Fantasy" rape pornography depicting sexual assault simulations that involve consenting adults isn't an area of focus for police.

Following the ruling in the People v. Turner sexual assault case, xHamster instituted a "Brock Turner rule" that was a ban on videos that contained sexual assault, which includes sexual relations with an unintentional partner or using hypnosis.

RAPE REALITY PORN LEGAL STATUS IN INDIA

There is a tendency to be under the impression that there is a lack of laws in India to deal with pornography and its growth. There are, however, numerous laws in India that apply to different media that deal with pornography. They include:

1. The Indecent Representation of Women (Prohibition) Act, 1986;
2. The Indian Penal Code, 1860: Ss 292, 293;
3. The Information Technology Act, 2000: Ss 67, 67A, 67B;
4. The Young Persons (Harmful Publications) Act, 1956.

Also, it is not directly relevant to cyberpornography such as. ASCI Guidelines: Chapter II: The generally acceptable standards in Public Decency must be observed in advertisements and advertisements; ii. Program Code CTN Rules Section 6, rule 6: no sexually explicit depiction of women or children; II. Advert Code: CTN Rules, Rule 5: No obscenity. IV. CBFC Guidelines: There is no degrading or disparagement of women.

CONCERNING RAPE PORNOGRAPHY AS WELL AS FREE SPEECH

A while ago, I had written an incredibly long, rambling piece on rape and porn. What I said/didn't say/try to convey in (what's supposed to be) an eloquent way:

PORN'S ROLE IN CAUSING RAPE 

I'm not aware how the impact of porn's influence on crime rates, but I don't claim that porn is a cause of rape, though it might be an element in the equation. But I do believe that it's reasonable to believe that porn sexism is prevalent in porn (in particular) as well as that the sexism of women that is evident in porn (and beyond it) and beyond it) doesn't help the issue of women's rights generally.

ON BEING RAPED

It is my opinion that I do not think that all porn is sexually threatening, nor do I support the claim. Concerning consensual sexual sex, I believe there are both unwanted and desired consensual sexual sex. I believe that women's decisions to accept the act of porn are influenced by the burden of poverty and the absence of alternatives (amongst other things), as well as that discussions regarding porn aren't complete without considering social and economic power structures and the power structure of the society.

RAPE REALITY PORN AS OBSCENE 

The porn by itself is offensive and, therefore, should be banned isn't an argument I have feelings for.

ON WATCHING PORN AS WELL AS CRIMINAL LIABILITY

I do not argue that the involuntary consumption of porn without consent should be considered a crime. Regarding access, I will only claim that the consumption of non-consensual porn does not violate an expression of free speech.

SOME PORN MAY BE AN ACT OF RAPE

Real-life rape that is filmed will likely appear unrecognizable from simulated rape porn for those who do not know the person who is featured in the film of real rape. This way, real-rape films could be disguised as porn and considered porn (albeit "rape porn") for all purposes to third parties.

SOME PORN MIGHT NOT BE RAPE, BUT IT ISN'T CONSENSUAL 

In that, aside from real-life rape, which is non-consensual sexual activity can be recorded without consent, or even if filming without consent could be later disseminated in the absence of consent (such as cases of revenge porn, which will be later referred to as). There are also instances in which a person isn't legally able to consent to record sexual activities or the later dissemination (such as the case of child porn that includes statutory rape, where the consent of a minor was obtained).

Suppose individual’s incapable of giving consent to being a part of the film-based sexual content are filmed. In that case, there is typically no way for third parties to quickly identify porn not consented to by the user.

LACK OF ACCESS SOLUTIONS TO RAPE REALITY PORN

Only fortunate people can be expected to combat the distribution of real-rape videos disguised as pornography, as well as other forms of pornography that are not consensual.

THE RIGHT TO FREE SPEECH RIGHT AND RAPE REALITY PORN

About porn that is not consented to and rap, there is no right to free speech right for a person who has been raped or any other person (possibly different from the person who was raped) to disseminate the content or even to gain access to it. Any discussion about porn and freedom of speech must be based on the method by which the porn got its start, as well as the fact that some of what's classified as porn is not consensual and a generalization that says unimpeded dissemination of or the access of porn (without any qualification) is a free speech issue is not a valid argument. The distribution of porn and its access may be a possible free speech right, but only if the porn is consensual. The entire porn market is not a free-speech issue. Only an appropriate free speech right is available in connection with porn.

LACUNAE IN EXISTING LAW

REVENGE PORNOGRAPHY

A trend that has been observed in recent years is the phenomenon of "revenge porn," which typically involves the ex-girlfriend of a woman getting revenge on her due to one reason or another through uploading explicit online videos that feature her. The woman could have uploaded the videos with her permission during his relationship with the uploader; however, their online distribution is usually without her permission.

The standard laws that apply to porn would also apply to revenge porn' because of their explicit character; it is apparent that there is no specific law within the Indian Penal Code (the 'IPC') to address 'revenge porn.' It is possible that Section 354C of the IPC, a reference to Voyeurism, could be read to cover revenge porn. But, one possible problem with the applicability of Section 354C under the IPC to revenge porn" could be that this Section is designed to be applied to situations where the victim 'would normally expect to not being observed by the perpetrator or any other person acting at the request or the request of the victim's the context of "revenge porn" since the perpetrator is usually an ex-partner it is probably difficult to establish that privacy expectation was present. In that sense, it is possible that the Section could be interpreted to be unenforceable to the threshold.

TROPHY PORNOGRAPHY

Another issue that falls under the umbrella of "pornography" that is becoming increasingly popular is "trophy porn," the routine of rapists or other abusers recording the rape of their victims before uploading the footage online to be used as trophies or threats to use the footage against victims.

Certain cases have been covered in the media over the last few months concerning Rape reality porn:

Rajasthan Man is alleged to have had a sexual assault on one woman (15) and posted an image to the social media site Facebook (Times of India 19 2013, 2013);

Ambala (English): A female (18) tried to commit suicide after being accused of being sexually assaulted, filmed, and blackmailed: (Outlook | Apr 29, 2013, 2013);

Mumbai: The woman was allegedly raped, filmed, and blackmailed by a family member. A woman (19) burned her body to death.

Similar to the situation with "revenge porn," there aren't any criminal laws devoted to dealing with the obvious harm done to victims of "trophy porn', though, of course, the laws on pornography apply to both trophy and revenge pornography (including Section 509 of the IPC that deals with shaming the modesty of women).

PROBLEM WITH RAPE REALITY PORN

The problem is not confined to India. There is a report that in the UK, more than 100 rapists are posting disgusting video clips of alleged assaults on the internet within the last year. A victims' group has urged David Cameron to change the law loophole which allows porn to 'depict sexual assault.'' (Daily Mail)

Suppose a convincing argument is made to justify the need for legal changes regarding pornography. In that case, it's related to revenge pornography and trophy pornography, both of which are produced and/or distributed without the permission of the people that appear in it, which is clearly in violation of their rights as legal persons, including privacy rights.

However, despite having obvious victims, both revenge and trophy pornography are governed by specific legal frameworks that could be used to deal with the issue (although normal laws that deal with pornography and degrading women's modesty could be in force). Therefore, it is worthwhile to consider introducing laws to address the two types of sexual violence. This would penalize those who make these types of pornography that are not consensual and distribute it more than those who make and distribute the content with consent (i.e., pornography that is recorded and released with the consent of the people who appear in the film in its).

IMPACT OF THE EFFECT OF A BAN ON CYBERPORNOGRAPHY ON THE PARTICIPANTS

It is important to note that as of the time of writing this Post at the time of writing this Post, the UK is currently evaluating a proposal to prohibit 'rape porn which, among other things, depicts fake rape. There is a case against the ban on pornographic rape by Zoe Stavri, according to which banning rape porn will not stop it from happening and will only make it more difficult to find a place, making it harder to ensure security of the performers. Instead of banning pornography like this, her argument is the creation of more pornography accompanied by explicit negotiation and boundary-setting.

Since a complete ban on pornography is likely to be a technologically impossible task, however, it's worth not only examining the negative effects of pornography taking into consideration the consequences of an outright ban - and especially one that is not practical will be on the people who appear in pornography. In general, not just those with privileges who are featured in pornography but those from the most disadvantaged segments of society. It is not the subject of the scope of this Post to decide how the impact of the prohibition on porn would be for these people, but this issue is worthy of consideration