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False Underage ARs - A suggestion

Brenda Connolly
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12-22-2008 18:57
From: Avawyn Muircastle
What if she was fairly new and a newbie prey?


Oh come on, are you really that dense/naive? If she knows enough to get into the situation, she'll know how to get out. And in any event, it is only an animation. it isn't real. If someone is too emotionally fragile to see it, perhaps they shouldn't be in SL to begin with.
Avawyn Muircastle
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12-22-2008 19:06
From: Brenda Connolly
Oh come on, are you really that dense/naive? If she knows enough to get into the situation, she'll know how to get out. And in any event, it is only an animation. it isn't real. If someone is too emotionally fragile to see it, perhaps they shouldn't be in SL to begin with.


Well, some people who don't speak English are naive.

Also in rl, if a potential rape victim has escaped, does it make it any less traumatic?
Brenda Connolly
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12-22-2008 19:13
From: Avawyn Muircastle
Well, some people who don't speak English are naive.

Also in rl, if a potential rape victim has escaped, does it make it any less traumatic?


SL isn't RL.
Avawyn Muircastle
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12-22-2008 19:19
From: Brenda Connolly
SL isn't RL.


SL can and does evoke the same emotions people have in real life, in their psyche.
Baloo Uriza
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12-22-2008 19:22
From: Kidd Krasner
In which jurisdictions is it statutory rape to engage in cybersex with a minor? I don't know of any place where it's possible to commit rape of any sort without some physical contact.


Not all states require physical contact for it to be considered sexually abusive.

Idaho considers any sexual contact of a female (strangely not males) under 18 as rape, punishable by one year in prison.

Iowa considers it third degree sexual abuse, punishable by up to 10 years in prison.

North Dakota considers it gross sexual imposition if the other person is under 16, punishable by up to 10 years in prison; or as a corruption of a minor, punishable by up to one or 5 years in prison depending on age of the underage party.

Vermont considers it sexual assault if they're under 16, punishable by up to 15 years in prison. If they're under 10, the penalties can go as high as life in prison.

Wyoming considers it to be third degree sexual assault if they're under 12, fourth degree if they're under 16. Punishable by up to 20 or 15 years respectively.

Source: cga.ct.gov

The United Kingdom, France, Germany and Belgium currently have unresolved cases involving this question.

Source: http://en.wikipedia.org/wiki/Criticism_of_Second_Life#Sex
Bella Posaner
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12-22-2008 19:54
From: Avawyn Muircastle
SL can and does evoke the same emotions people have in real life, in their psyche.

Not if you are emotionally stable it doesn't, if you can’t differentiate SL from RL, you have some issues, I’d suggest a shrink.
Bella Posaner
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12-22-2008 19:58
From: Baloo Uriza
Not all states require physical contact for it to be considered sexually abusive.

Idaho considers any sexual contact of a female (strangely not males) under 18 as rape, punishable by one year in prison.

Iowa considers it third degree sexual abuse, punishable by up to 10 years in prison.

North Dakota considers it gross sexual imposition if the other person is under 16, punishable by up to 10 years in prison; or as a corruption of a minor, punishable by up to one or 5 years in prison depending on age of the underage party.

Vermont considers it sexual assault if they're under 16, punishable by up to 15 years in prison. If they're under 10, the penalties can go as high as life in prison.

Wyoming considers it to be third degree sexual assault if they're under 12, fourth degree if they're under 16. Punishable by up to 20 or 15 years respectively.

Source: cga.ct.gov


Do those laws apply if the person is unaware they are engaging in cyber sex with a minor? What onus is placed on a person to ensure they are not having cyber sex with someone under age?
Baloo Uriza
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12-22-2008 20:08
From: Dakota Tebaldi
Problem is, that doesn't work - ironically. When you age-verify with LL, what you're really doing is adding your name to an "access allowed" database that parcel owners can use - they can set a parcel to not allow people who aren't in the age-verification database. That's ALL age verification is good for. It doesn't actually establish your age, as far as LL is concerned. Not only will being age-verified NOT prevent your being suspended for an underage AR; but getting suspended that way once, and getting your account reinstated by sending LL the actual legal proof-of-age documents they want, will not stop you from being suspended again if you're AR'd again for being underage - you'll have to submit the same documents again. At least, according to one person I've talked to who says he had to do it.


I'm less than inclined to take those who have been banned for ID problems at their word. We don't know whether or not they're telling the truth or if they're just pulling it out of their ear as they go. LL does have published policies, and if history is any indication, can and will be exercised to the broadest extent possible while still remaining within the letter and intent of those policies. One would be wise to consult their attorney about parts of their contract with Linden Lab that isn't clear prior to agreeing to it.
Cypher Ragu
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12-22-2008 20:11
From: Imnotgoing Sideways
I quit asserting an age altogether... RL, SL, RP or not. (>_<;)

I'm "old enough"... End of bloody story. (=_=)




My thoughts exactly. Lol.


To quote the "1st Life" part of my profile:

"I could tell you, but then I'd have to kill you."
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Baloo Uriza
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12-22-2008 21:23
From: Bella Posaner
Not if you are emotionally stable it doesn't, if you can’t differentiate SL from RL, you have some issues, I’d suggest a shrink.


That's like saying what someone says on the phone shouldn't affect someone who is emotionally stable. Interpersonal interaction, no matter what form it takes, is intrinsically emotional. Our imaginations can take us anywhere, our physical bodies can't. It's part of the human condition.
Cito Karu
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12-22-2008 21:25
I swear some of the people would argue till blue in the face to defend sexual ageplay with the sound of some of these arguments.

just appeal them, who cares? if they say they underage let linden's sort it out, thats why the appeal exists.

I swear people would argue with a fence post till blue in the face and dare it to talk back.
Ponsonby Low
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12-22-2008 21:46
Quote:
Originally Posted by Ponsonby Low
My guess is that the lawyers will say: You can't place ANY restrictions on those making ARs, or tell them that one false accusation will pass but a second will subject the accuser him/herself to being banned, or anything that would tend to discourage people from making the accusations. Because if we are sued for allowing an underage person into SL, we have to be able to show that there would be NO reason for a person to think twice about making an AR.



From: Amity Slade
If you want to make the legal analogy, filing a false report of a crime with police is a punishable offense.

However, the fact that the report turned out to be merely wrong, or unsubstantiated, does not make the report a false report. There has to be proof that the person filing the report made a knowingly false report.

Conceptually, I would agree that any SL resident filing a false AR should be punished. However, it's hard enough to prove a TOS violation by a resident. It will be just as tough to prove that an AR is filed knowlingly falsely or maliciously.


That's right. There's no way for LL to prove 'this AR was filed with intent to do harm to the subject of the AR, NOT to help us out with our imperative to avoid lawsuits'.

Therefore, the malicious get a free pass to continue to commit mischief.

And that rankles. But it ain't agonna change.
Ponsonby Low
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12-22-2008 21:48
From: Milla Janick
A reasonable person would not have second thoughts about filing a legitimate AR.

False ARs of any kind are a form of harassment, and should be treated as such.



Sure---if LL had any way of knowing that the AR was a knowingly-falsified one.
Cito Karu
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12-22-2008 21:53
It's not bad thing anyhow. If you ever played other mmo's they have csr's that sole job is to answer appeals.

hell I play eve online and if someone gets scammed there's like half a dozen appeal spams made, etc. It's part of the game, thats why they hire people to deal with that.
Every mmorpg have people to handle appeals/etc.

wanted to see bad, look at old dark age of camelot people appealed any name that did not fit in with the role play mideval era. So if your name was bob to pwnedjoo you got booted or name forcefully changed.


thing is that is their job, thats why i say report all day, let lindens sort it out. It's their job.
Milla Janick
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12-22-2008 22:07
From: Ponsonby Low
Sure---if LL had any way of knowing that the AR was a knowingly-falsified one.

I can think of situations where it would be fairly obvious.

If a person has a history of filing ARs which were proven to be false.
Filing duplicate ARs against someone after the first one is proven false.
Filing ARs which are obviously false to begin with. Say, AR'ing Philip Linden for being underage.
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Tabliopa Underwood
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12-22-2008 22:11
From: Kidd Krasner
Really? Would you be willing to tell us where this is?

Having them be in the same Act is one thing, that's just organization of the laws. But the same penalties? There's something seriously wrong with a criminal system that would impose the same penalty on someone engaging in cybersex with, say, a 16 yo they've never met and someone forcing or manipulating physical sex with a 16yo.


16 is age of consent for both male and female where I live. 15 and less and any adult male or female messing with them is dogtucker.

Can get upto 18 years for messing around with a minor here. Can get more or less jail time depending on the level of physical contact or degree of violence if any. Is upto the judge who has lots of discretion. Second time around the judge can pass a sentence of indefinite incarceration as a serial offender.

The police dont beat around the bush here when it comes to minors and lay against adult offenders every possible charge under the Act.

In your jurisdiction or in your country maybe different. Here is ours and we are quite happy how this works for us. It doesnt stop every predator but it does stop and make wannabees pause.

Everyone so far found in possession of childporn has been chucked in jail. 1-5 years usually for first offence. Lots more if is second time.

Was guy recently who groomed a 13yo on a chatroom site to meet him RL. He buy child an expensive article of clothing when they meet up just that onetime. When parents see the child tells and shows logs. Parents call police. In court he plead guilty. His lawyer puts forward as mitigation in sentencing that he never touch the child RL. Judge basically say ya whatever and chuck him in jail for 4 and 1/2 years.

A lady was caught fiddling RL with a 14yo that she groomed. Her defence basically was that she wasnt bad because she was in love and the child was big for their age. The jury say ya whatever and found her guilty. Her lawyer plead leniency and judge say ya whatever as well and chucked her in jail for 6 years.

Last violent offender against a minor got an indefinite incarceration subject to psychiatric review and a non-parole period of at least 18 years. Judge not say it outright but was pretty obvious that he do this just in case some newbie headdoctor fresh out of school thought otherwise in the future. The offender appeal but the higher court judges didnt even bother letting it come before them.

All these offences covered by the same Act. The Act only proscribe one penalty. Financial compensation for actual and emotional harm and jail time upto 18 years and/or indefinite incarceration. Is upto the judge to decide how much.
Bella Posaner
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12-22-2008 22:19
From: Baloo Uriza
That's like saying what someone says on the phone shouldn't affect someone who is emotionally stable. Interpersonal interaction, no matter what form it takes, is intrinsically emotional. Our imaginations can take us anywhere, our physical bodies can't. It's part of the human condition.


It's not like talking on the phone IMO. I can't imagine anything in SL causing emotional trauma to anyone who is a reasonably stable, balanced person.

Do you think the loons that go and shot up people after playing grand theft auto were emotionally balanced people to begin with, or were they traumatised by the game because they’re intrinsically emotional. I think not.
Brenda Connolly
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12-22-2008 22:55
From: Baloo Uriza
That's like saying what someone says on the phone shouldn't affect someone who is emotionally stable. Interpersonal interaction, no matter what form it takes, is intrinsically emotional. Our imaginations can take us anywhere, our physical bodies can't. It's part of the human condition.


It shouldn't affect you adversely. A normal person should be grounded enough to be able to keep perspective. Same with SL. You can be immersed to a point but a reasonable knows where the line is and can disconnect when necessary. If not, then there is a problem.
Ponsonby Low
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12-22-2008 23:05
From: Milla Janick
I can think of situations where it would be fairly obvious.

If a person has a history of filing ARs which were proven to be false.
Filing duplicate ARs against someone after the first one is proven false.
Filing ARs which are obviously false to begin with. Say, AR'ing Philip Linden for being underage.


You're right.

But it would be foolish for LL to make that part of the Terms of Service ('multiple ARs from the same avatar that prove to be false will subject the filer to suspension of account', or such)----because that would alert your average Would-Be Jerk to create a horde of alts for the purpose of never sending more than one AR from the same account.

Also, I think all this speculation is moot, because LL's legal advisors will have said 'don't put ANYTHING in writing that could serve to discourage people from filing reports on age'. (For the reasons I mentioned in an earlier post in this thread.)
Milla Janick
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12-22-2008 23:21
They don't have to write such language into the TOS. The portions of the TOS & community standards covering harassment appear to already address it. Including using alts to do it.
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Bree Giffen
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12-22-2008 23:31
So what do you guys/gals think is the only proof that a person can provide in an AR that can cause them to ban a resident and begin the process of manually verifying their identification?

Someone ARs and says 'I know this person in RL and he's a kid!' , 'Look at his avie it's a kid so it must be a kid behind the avatar!', 'Im a psychologist and a teacher and the behaviour this avatar showed to me are exactly those of a kid!', 'I heard him on voice chat. Sound like a kid!' , 'I have an RL pic of him. Here I have uploaded it. He's the one sitting by the computer!' , 'Me and my friends think he's a kid! We're a group and the more people who say it must mean it's true!' , 'Look I'm a verified adult, so when I say this is a kid, it is!'

Please think of a reliable AR complaint that LL could actually act on.
LittleMe Jewell
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12-22-2008 23:48
From: Cito Karu
I swear some of the people would argue till blue in the face to defend sexual ageplay ....
While there have been plenty of discussions and arguments in these forums about sexual ageplay, I see none of that here. These arguments are mostly about ARing a minor or someone claiming to be a minor or suspected of being a minor. The only time sex came in to the discussion had to do with what happens to a person if they end up having sex with someone that turns out to be a minor and they did not know it - and there was nothing in those discussions that involved ageplay.
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Pserendipity Daniels
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12-23-2008 01:11
From: Brenda Connolly
<snip> A normal person should be grounded enough to be able to keep perspective. <snip>
And there, in one short phrase, we have an identification of the root cause of all the problems in SL!

Pep (as well as those that many SL posters have)
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Rock Vacirca
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12-23-2008 01:36
From: LittleMe Jewell
And in most places in the world it is against the law to kill people, but we allow that in Role Play. Ditto for slavery, but we have plenty of slavery in SL. In most places in the US, beastility is illegal, but we are not censoring that here either.


Because none of the above is REAL - it is not really happening.


The Simpsons are not real people either, but an Australian man has had his life ruined by being convicted of possessing child porn, when the porn in question involved Bart and Lisa Simpson. http://blogs.computerworld.com/simpsons_porn

Many countries now are taking the line that any depiction of underage sex, whether involving real people, cartoon people, drawings, or stories, all fuel the same need, and are banned, or are in the process of drafting legislation to ban them.

In countries where these laws have been passed, then SL sex between adults and children, even adults RPing children, could have serious repercussions.

Rock
Kasuga Hax
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12-23-2008 01:41
Discussion about ageplay = unnecessary. It's illegal, try not to talk it right. Because it's not.

So some people make a hobby out of trolling other people on SL, by claiming they know he/she is underage.

This is creepy.

I never got such a report against me, maybe because I don't act like a child, but as the adult that I am.

Those who claim to know me, are stalkers, and I will file a report against them with the local police here. :) Since that never happened before, I think it's not that bad.

Don't claim to think you know me in RL, because there are just 2 people on SL that actually know me in RL, and I know their SL name.

I will hunt you down if your name doesn't comply with the two I have. You don't know shit about me. So stop trying to think you do. Many should copy my stance against such people. Especially the ones trying to blackmail me, "knowing" me, claiming to have naked pictures of me, and demanding sex or "else".

I laugh my ass off. There are no naked pictures of me offline, so there aren't any online.

Oh, and assumption is the mother of all fuckups.
Just because I look cute and little in SL, doesn't mean I am.

I'm a really mean bitch if you try to abuse me. :)

So those who really are 12 year olds in SL probably get banned soon, because their behavior is often close to spamming prims, yelling at everyone the first minute they join the game, and talk gibberish in their home language.

As an adult, you can easily pick out the real kids. just confront them, and don't make any dumb claims. It's not cool. Either know for sure, or be silent until you do.

evidence is everything.

'I have an RL pic of him. Here I have uploaded it. He's the one sitting by the computer!'

Someone actually said this? O.o
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