Why We Allow Erotic Roleplay: The Legalities of Smut

[PersonaWolf]

Wow, you guys have worked with the FBI? Jesus christ.

 

[Jorick]

Wow, you guys have worked with the FBI? Jesus christ.

Yep, that's what happens when you get creepy sexual predators on your website, you report them to the FBI and help them with any investigation they decide to do. It's one of the unfortunate realities of running a site that allows smut: creeps will show up and they have to be dealt with harshly.

 

[QuietlyStalkingShadows]

Good info and important.

It is important and imperative that prospective teen members who are even THINKING about trying to circumvent the age ban understand why doing so to smut with an adult member is a very bad idea. It's not just that you might be the victim of a creep if you do, it's not just that most sane adults find it really gross and creepy, and it's not just that it violates site-wide rules. It's a matter of safety and protection for adults, too, because if we don't know you're underage and end up writing the sexy with you, we could get in trouble. Not just on Iwaku. Actual, legal trouble which could mean things like losing our jobs, being shunned by family and friends, or possibly jail time, all because the person they RPed with was too scared or ashamed to tell us their age, or pretended they were older under the misconception that "adults do more intense smut".

Think this cannot happen to an adult? It happened to me in a smutty Skype group I ran once. I took all the precautions I could - I made sure members were overage, I checked their Skype profiles, and I pushed people out if they slipped through the cracks. All it took was one person, one, who turned out to be 13 telling me they were 21, and they didn't have their birthday on the profile so I couldn't check. I made the mistake of believing them, then this person decided to run a very intense, dark smut story involving knifeplay, rape, blood, and death, to the point it disturbed many people in the group. I asked them to please not do that because it was making others uncomfortable, and they got angry enough about it that they told all the other non-RP groups we were both part of that I ran this (private, by invite only). Then people informed me this person was underage, which I of course had no idea. Then the person told people I was a pedophile, rapist, etc. for running the group, and they were believed even when I explained the situation and the rules of the Skype chat. I had to deal with the fact that someone I trusted lied to me and now was spreading rumors about me, and I lost a LOT of online friends for no good reason, all because of one person who I had no idea was not an adult being angry with me. Nothing ever came of it legally (and it would have likely been thrown out of court anyway), but the emotional and social damage was done. Even now I am scared to tell this story out of the fear someone will think I'm a creep when I'm not, and even now I'm scared I might get banned from Iwaku or at least investigated by staff over telling this story even though I know that's an unfounded fear.

Please, adult members, learn from my past pain. Always be suspicious online. Teen members, please also learn from this - lying is not worth it. It could get an innocent member banned or worse, not to mention you'll lose your account. I was a teen once, I know how extremely emotions can flare, I understand - but the danger you are putting someone else in is just not worth it.

 

[Der Außenseiter]

... gots. I am so sorry that happened to you. I had a situation withy an underager as well, but it didn't get as hrribly far as what you describe. What you are speaking of is kind of a fear of mine.

 

[Alyxsandre]

Ohmygosh, seeing this makes me SO Happy, especially seeing all the legal info-checking that has been done!

Man, you staff are absolutely great <3 It's fantastic to see you guys put so much thought and CARE into this stuff.

 

[QuietlyStalkingShadows]

... gots. I am so sorry that happened to you. I had a situation withy an underager as well, but it didn't get as hrribly far as what you describe. What you are speaking of is kind of a fear of mine.

I managed to get most of it cleared up fortunately, it was still kind of a horrorshow for a while. I'm not much on Skype anymore anyway.

The best you can do it be careful who you choose to RP with. I'm very happy Iwaku separates by age group in order to keep things (to steal a BDSM term) Safe, Sane, and Consensual for everyone involved - safe for both parties, sane for the things the parties do, and consensual in that both players are okay with what's happening.

 

[Der Außenseiter]

I am huge on consent, no matter what kind of scene I'm writing or who it's with. Even if we've agreed that there is a chance my partner's character could get rumbled, I always check with them if things get really gnarly.

 

[napstablook]

Good info and important.

It is important and imperative that prospective teen members who are even THINKING about trying to circumvent the age ban understand why doing so to smut with an adult member is a very bad idea. It's not just that you might be the victim of a creep if you do, it's not just that most sane adults find it really gross and creepy, and it's not just that it violates site-wide rules. It's a matter of safety and protection for adults, too, because if we don't know you're underage and end up writing the sexy with you, we could get in trouble. Not just on Iwaku. Actual, legal trouble which could mean things like losing our jobs, being shunned by family and friends, or possibly jail time, all because the person they RPed with was too scared or ashamed to tell us their age, or pretended they were older under the misconception that "adults do more intense smut".

Think this cannot happen to an adult? It happened to me in a smutty Skype group I ran once. I took all the precautions I could - I made sure members were overage, I checked their Skype profiles, and I pushed people out if they slipped through the cracks. All it took was one person, one, who turned out to be 13 telling me they were 21, and they didn't have their birthday on the profile so I couldn't check. I made the mistake of believing them, then this person decided to run a very intense, dark smut story involving knifeplay, rape, blood, and death, to the point it disturbed many people in the group. I asked them to please not do that because it was making others uncomfortable, and they got angry enough about it that they told all the other non-RP groups we were both part of that I ran this (private, by invite only). Then people informed me this person was underage, which I of course had no idea. Then the person told people I was a pedophile, rapist, etc. for running the group, and they were believed even when I explained the situation and the rules of the Skype chat. I had to deal with the fact that someone I trusted lied to me and now was spreading rumors about me, and I lost a LOT of online friends for no good reason, all because of one person who I had no idea was not an adult being angry with me. Nothing ever came of it legally (and it would have likely been thrown out of court anyway), but the emotional and social damage was done. Even now I am scared to tell this story out of the fear someone will think I'm a creep when I'm not, and even now I'm scared I might get banned from Iwaku or at least investigated by staff over telling this story even though I know that's an unfounded fear.

Please, adult members, learn from my past pain. Always be suspicious online. Teen members, please also learn from this - lying is not worth it. It could get an innocent member banned or worse, not to mention you'll lose your account. I was a teen once, I know how extremely emotions can flare, I understand - but the danger you are putting someone else in is just not worth it.

I'm so sorry you went through that :'(
He may have been 13, but it sounds like he had the immaturity of an 8 year old.....

 

[Catch A Flame]

I

Good info and important.

It is important and imperative that prospective teen members who are even THINKING about trying to circumvent the age ban understand why doing so to smut with an adult member is a very bad idea. It's not just that you might be the victim of a creep if you do, it's not just that most sane adults find it really gross and creepy, and it's not just that it violates site-wide rules. It's a matter of safety and protection for adults, too, because if we don't know you're underage and end up writing the sexy with you, we could get in trouble. Not just on Iwaku. Actual, legal trouble which could mean things like losing our jobs, being shunned by family and friends, or possibly jail time, all because the person they RPed with was too scared or ashamed to tell us their age, or pretended they were older under the misconception that "adults do more intense smut".

Think this cannot happen to an adult? It happened to me in a smutty Skype group I ran once. I took all the precautions I could - I made sure members were overage, I checked their Skype profiles, and I pushed people out if they slipped through the cracks. All it took was one person, one, who turned out to be 13 telling me they were 21, and they didn't have their birthday on the profile so I couldn't check. I made the mistake of believing them, then this person decided to run a very intense, dark smut story involving knifeplay, rape, blood, and death, to the point it disturbed many people in the group. I asked them to please not do that because it was making others uncomfortable, and they got angry enough about it that they told all the other non-RP groups we were both part of that I ran this (private, by invite only). Then people informed me this person was underage, which I of course had no idea. Then the person told people I was a pedophile, rapist, etc. for running the group, and they were believed even when I explained the situation and the rules of the Skype chat. I had to deal with the fact that someone I trusted lied to me and now was spreading rumors about me, and I lost a LOT of online friends for no good reason, all because of one person who I had no idea was not an adult being angry with me. Nothing ever came of it legally (and it would have likely been thrown out of court anyway), but the emotional and social damage was done. Even now I am scared to tell this story out of the fear someone will think I'm a creep when I'm not, and even now I'm scared I might get banned from Iwaku or at least investigated by staff over telling this story even though I know that's an unfounded fear.

Please, adult members, learn from my past pain. Always be suspicious online. Teen members, please also learn from this - lying is not worth it. It could get an innocent member banned or worse, not to mention you'll lose your account. I was a teen once, I know how extremely emotions can flare, I understand - but the danger you are putting someone else in is just not worth it.

Thank you for sharing this.

 

[Oberstammführer Schrodinger]

Thank GOD for this public Service Announcement. I see someone got banned. At first I thought that Person typed that as a Joke, and then I realised ... they really ARE banned!

I sure am glad I am honest about my Age ... I actually have white Whiskers in my Beard, Moustache, Sideburns, and Hair, and I am only thirty-seven! I used to have a bad Lifestyle of carousing Karaoke Bars ... I did everything out there but Drugs!

This Place is WHOLESOME compared to some of the Bars I have been in. Thank GOD for these Rules.

I have a Question ... what if an underage Teen solicits ME for a sexy, steamy R.P.G., and they lied about their Age, and I agree, but I later find out they are underage ... do I get banned?

It is almost like I better not do ANYTHING sexy with ANYBODY to be safe! @__@;;;

 

[Astaroth]

Thank GOD for this public Service Announcement. I see someone got banned. At first I thought that Person typed that as a Joke, and then I realised ... they really ARE banned!

I sure am glad I am honest about my Age ... I actually have white Whiskers in my Beard, Moustache, Sideburns, and Hair, and I am only thirty-seven! I used to have a bad Lifestyle of carousing Karaoke Bars ... I did everything out there but Drugs!

This Place is WHOLESOME compared to some of the Bars I have been in. Thank GOD for these Rules.

I have a Question ... what if an underage Teen solicits ME for a sexy, steamy R.P.G., and they lied about their Age, and I agree, but I later find out they are underage ... do I get banned?

It is almost like I better not do ANYTHING sexy with ANYBODY to be safe! @__@;;;

If you did not know, we do not hold you accountable! We only ban people who knowingly engage in or solicit sexual RP across age lines.

 

[Oberstammführer Schrodinger]

If you did not know, we do not hold you accountable! We only ban people who knowingly engage in or solicit sexual RP across age lines.

So, if I even SUSPECT foul Play, I contact an Administrator or Moderator or my Mentor? If so, I will do just that ... I plan on keeping my big, fat, hairless, semi-white Ass here.

 

[Hecatoncheires]

We only ban people who knowingly engage in or solicit sexual RP across age lines.

YOU NEVER LET ME HAVE ANY FUN. >:[

 

[Astaroth]

So, if I even SUSPECT foul Play, I contact an Administrator or Moderator or my Mentor? If so, I will do just that ... I plan on keeping my big, fat, hairless, semi-white Ass here.

Yeah, reporting even just a suspicion never hurts. The best method for handling that is to use this form!

 

[Oberstammführer Schrodinger]

Yeah, reporting even just a suspicion never hurts. The best method for handling that is to use this form!

Thanks so much! ^____^

I plan on keeping my happy Ass in COMPLIANCE with these fucking Rules! XD

 

[Asmodeus]

One day, far from now, all the sexual deviants I have banned from Iwaku will finish their tracing efforts and learn my home address.


I shall be found dead, sodomized by my own keyboard, my face removed and worn in four parts by a mysterious barbershop quartet.

And as the police take them into custody, they shall sing, in perfect harmony, the song of their people.

 

[Chapeau de Paille]

I have read somewhere that no matter in wich country you are, the laws of the US still apply,
wich is a good thing itself, i grew tired of the "b-but, it's fictionnal",
i saw some who used the RP stuff as an excuse to do non-respectable stuffs, i'm glad that a community still care for their users, it's rare.

 

[Gwazi Magnum]

I have read somewhere that no matter in wich country you are, the laws of the US still apply,
wich is a good thing itself, i grew tired of the "b-but, it's fictionnal",
i saw some who used the RP stuff as an excuse to do non-respectable stuffs, i'm glad that a community still care for their users, it's rare.

(Disclaimer that my only knowledge on the topic is from asking staff about this stuff, and stuff I was taught while in school. I could be wrong here, someone correct me if that's the case).

But from my understanding it's entirely reliant on location. Say for example there was a smut RP on Iwaku between a 16 and 18 year old, and for this example let's say one is American and one is Canadian (since those are the two countries whose legal ages I know 100%). In America the legal age is 18, while in Canada it's 16*, so if the case that they were caught only the American year old would be in trouble from a legal perspective** (though, the Canadian would still get banned from Iwaku due to violating Iwaku rules, but they wouldn't be in any legal trouble). And that's generally how it works on the member side of things.

Then you've got the host side of things where even if the host wasn't involved in the smut RP, if it can be proven they had some knowledge of it happening and/or turn such things a blind eye/encourage such activity they could also get in trouble for effectively enabling it (I'm not sure what legal jargon would be used here). So if Iwaku was hosted in Canada? Then only the American Roleplayer could face legal issues, and the host Iwaku would be in the clear. But since Iwaku is hosted in America, they would also get in trouble, since why the rule for the site is 18+ for libertine instead of 16+.

The U.S may try bluffing that you've broken the law (I recall hearing a case involving Piracy, the US tried arresting a kid from the UK even though what he downloaded was legal there) but really they can only handle their own citizens.

* Should be noted that Canada also allows relationships/sexual actions with those within 2 years of you, even if one of you is technically under the age of consent. So people who are 14-16, 15-17 etc. can still do things. And to add to this they have a romeo-juliet clause so that in these cases if one of them later has a birthday causing it to become 14-17 or 15-18 they can continue going without legal issues, just as long as they were actually a thing/doing the activity prior. Though that clause is largely specific to relationships, but I'm still bringing it up cause with the digital age it's not uncommon to see smut come hand-in-hand with online relationships.

** This is also all under the assumption that Canada doesn't enforce a by-law they have, where they can decide to raise the age of consent to 18 for online activities/relationships that they find to be exploitative and/or having a massive imbalance of power or authority.

 

[Chapeau de Paille]

Hm, i don't understand that much of what you said, as my english is quite limited, but again, two different "legal age" doesn't work if the site is located in the US, not mentioning that doesn't excuse cybering..

so, personnally, i'm glad that a community do something about that, also, the legal age in my country is 18 as well.

 

[ThreeHeartsAndThreeLions]

As a beardo with a receding hairline myself, I really appreciate the efforts you guys take to keep everybody safe.