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Can something be prosecuted as a true crime – even if the thing being prosecuted didn’t actually happen? An underage woman turned herself into a child with the help of a face filter and filmed them having sex for the Onlyfans video platform. A man who viewed and shared the video was prosecuted for child pornography.
The Zurich District Court ruled that the video material was illegal pornography, regardless of the actual age of the actress.
The 36-year-old accused joined several Russian Telegram groups in 2022. He said he wanted to know the course of the war in Ukraine. Several videos from these Telegram chats landed on the man’s cell phone. One shows how a so-called underage man gives a blowjob to a man. Other videos show scenes of extreme violence against people.
The prosecutor’s office in Zurich-Limmat accused the man of creating prohibited pornography and numerous depictions of violence. In addition, a large number of cannabis plants were found during a search of the house for violations of the Narcotics Act.
The case is spicy. Because the minor allegedly involved in the video is “really a minor” according to the indictment. It provides sexual services and distributes them through the legal payment platform Onlyfans. However, the woman uses a filter effect that makes her look younger. She’s so young that “the actress looks like a prepubescent or early teenage girl,” the court wrote.
During police interrogation, the accused tried to justify the consumption of the video material. Despite her rejuvenation filter, she knew the actress was over 18 because her breasts were already sagging and her portrayal of oral sex looked “professional.” The court dismissed this statement as “downright cynical”. Comments on the oral sex technique were not well received, especially given the real existence of child pornography and child abuse.
As the accused forwarded the video to another user via Instagram, the district court had to clarify the question of whether this was related to the consumption and further distribution of child pornography. Or whether there is so-called fake child pornography in the defense sense. This means that artists only act like children. In case of doubt, impunity is applied according to the defense.
In its decision, the court concludes that the video did not actually show sexual acts with minors. However, it is virtual child abuse. This criminal offense also includes depictions of sexual acts with children using creative or electronic means. For example, comics or video games – or childhood staged with a face filter.
Among other things, the accused was found guilty of pornography and sentenced to a conditional fine of CHF 30 per day at the rate of 120 per day. The fact that he had no criminal record and was a collaborator reduced his sentence. Hemp factories were also fined 200 francs. The trial period was set at three years. The decision has not been finalized yet, an appeal has been filed against it.
Everyone knows that ignorance does not protect against punishment. What applies if pornographic content is consumed on the Internet? The Observer wrote an overview of the legal basis: “When will the consumption of sex online become a crime?”
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
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