Christopher Handley sentenced

Christopher Handley has been sentenced to a 6-month prison term.  For now, you can read all the details at Anime News Network and Anime Vice.

Edit: Had some time to digest it.  Not going to go over all the legal arguments, as that’s been done to death.  And you already know my stance on obscenity law in general.  But a couple of things that jumped out at me regardless…

1. Handley began his manga collecting in 1992, meaning he’s been a fan for at least 17 years.  He served his country in the Navy, and was a straight A engineering student.  And in those 17 years, the prosecution claims he hasn’t had much sex, if at all, instead using manga and anime as a substitute.  That’s… a terribly long time.  In that span, he has not had a single run in with the law.  If the loli porn inducement theory holds any water, how could he have been a model citizen in all those 17 years, never acting out his “obsession” with young girls?

2. A psychologist report described his obsession with lolicon manga as a “sexual deviancy,” or paraphilia.  Is this solely on the basis of equating lolicon with actual child porn?  2D obsession is probably an area of almost no research, and I think it’s a mistake for the medical establishment to make such an assumption.  There’s also no hint of what level of lolicon obsession should qualify as a psychological disorder; as far as I can tell, Handley’s hobby did not interfere with his daily life, or impair his responsibilities.  Handley was a fully functioning, contributing member of society.  If there is no disorder, what would they be treating?

3. Is the condition of being aroused by a drawing really a deviation from the norm?  It may not be the spoken, accepted cultural norm, but cultural norm isn’t necessarily a true reflection of reality.  And could “normalcy” be expressed in an empirical way?  In other words, what percentage of the populace needs to engage in an act for the act to be considered normal behavior?  5, 10, 20 percent?  (At one time, being gay/lesbian/bisexual, which is roughly 5% of the population, was considered a sexual deviancy by psychologists.)  In fact, has anyone even tried to determine what percentage of internet users actually look at lolicon manga/anime?  If that number is in the double digits, shouldn’t the court and medical science reconsider whether Handley is an aberration at all?

Edit 2: The Comics Reporter has a reaction from CBLDF’s Charles Brownstein.

Edit 3: ICv2 has portions of a letter from one of Christopher Handley’s friends.

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  1. The whole thing is annoying. Oh well, I made sure to post up pages from the books he got sent to jail for.

    Shit like this really makes me hate middle America, you know? This idea that just because some people don’t find a fetish appealing that it’s sick and should be banned or made illegal.

    It’s a real shame this guy is being treated like that.

    I think the worst part is that rather than ever thinking that he might be a normal person, they’ll just be afraid at how well these deviants can blend into society.

    Reply

    1. Don’t blame the courts. The judge in the case did more than I thought s/he would when the other charges were tossed out. No legal precedent was set. Handley and his defense team chose not to fight any more, and that’s okay. They did what they felt was best for him, for his life.

      And don’t blame this on Middle America. It is our own responsibility to change public perception, by teaching our children critical thinking, to question authority, and to approach everything in life with not just the tools of reason and logic, but also compassion and empathy. It’s always the next generation that has to make amends for the parent’s mistakes. Know that in time the young anime and manga fans today will be the lawmakers tomorrow.

      We will win. Eventually.

      Reply

      1. Yeah, I know. More my issue with it is that I just wish they’d pick on someone who can fight back.

        This guy was a model American. Maybe not the model they like, but he served this country and he worked for his money and he never bothered anyone with the things he enjoyed.

        Moreover, I sort of have to blame the judge for not ruling all of charges inadmissible by way of the first amendment, but I guess we have bullshit like the Miller Test sitting above his ability to make that sort of determination.

        Still, I know it’ll work out eventually, but someone’s got to get pissed off about it in the mean time or there won’t be anyone to march in that direction. So, of course, I’ll do things in my own way to try to make that day come one day sooner. Haha. And I know you do as well.

        But then, as an atheist who grew up in the Bible Belt, among other outsider positions I’ve held, I tend to have a lot more venom around subjects regarding free speech and religion.

        Reply

      2. Nice insights, Simon. I do have a question, though — you say no “legal precedent” was set. Are you saying this sentence will have no effect on future handlings of cases like this in the future? (I think we’d both agree that it will embolden prosecutors, but I’m curious whether this decision might inform future judges and juries and if not, why not?)

        Reply

        1. Laws are reinforced through repeated use, legal theories from previous trials are recalled in those that follow. (This is how we get things like the Miller Test.) Since there was no trial as Handley pleaded guilty, no legal theories were heard, the law was not “tested.” Every other charge was thrown out except for transporting obscenity, what they nailed him with, and not even the status quo for that was changed.

          Reply

          1. Thank you. That’s a clear response.

  2. /me wanders off to read 1000mm’s Re-Birthday again in Honor of today. Mmmmm abused loli…

    Reply

  3. Gah, and I loved icv2.com’s typical inaccurate reporting about manga:

    “Christopher Handley was sentenced Wednesday to six months in the federal prison system for “possession of obscene visual representations of the sexual abuse of children,” (i.e., manga). ”

    Perhaps someone should tell them that i.e. is a statement of equivalence, and that they just defined manga as obscene graphics about child abuse. The sad thing is, with icv2, I wonder if they knew that and just didn’t care.

    Re: the cause of this, I don’t think it’s a geographic gap so much as a cultural one enhanced by religion and political posturing. Sadly, folks like that exist from sea to shining sea. Just look at congress, almost all of whom signed onto the latest law.

    His defense should have brought up your very valid points. The prosecution’s conclusions that he was a danger and deviant is so full of fail it’s a wonder they weren’t laughed out of the courtroom. But for some reason no one seemed capable of applying logic in this case.

    Reply

  4. Just to make a point, I’d order the same manga titles, send a letter with the receipt of purchase, and a picture me holding books, and tell the prosecution to kiss my ass.

    Still, wouldn’t want to tempt fate. Wouldn’t want the hassle, either.

    Reply

  5. >If the loli porn inducement theory holds any water, how could he have been a model citizen in all those 17 years, never acting out his “obsession” with young girls?

    While I largely agree with regards to the legality and morality of the conviction, I think this is a rather poor argument. Just because a given instance of a behavior doesn’t result in negative consequences doesn’t mean the behavior in general is not problematic- “I got home safe last night, even though I was plastered” is not a good defense of why drunk driving is okay, nor is getting home safe every night for a year.

    I don’t really like lolicon from a conceptual standpoint, and personally I think that it’s a pretty obvious arrow pointing to similar (if, presumably, much lesser) issues as anyone else who is interested in underage children. However, being that it’s just pictures and there is no good evidence that it’s harmful, it needs to be unregulated. I don’t like guro or bondage or crunk rap, either, but that doesn’t mean these things are a terrible menace to our society.

    Reply