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PSA: Why We Don't Allow Erotic Roleplaying

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The Dark Wizard

Administrator
#1
Hey All,

Today I wish to address in more detail the (in)famous no erotic content policy which has earned us both admiration and hate since the site’s creation. We aren’t here to drag your libido behind a dark alley and murder it, we are doing what is best for the community.

Let's get down to it, shall we?

Is writing erotic content Illegal?
Yes and no. The rest of this article should hopefully explain why this is the case.

Is erotic writing protected as a written work or piece of literature?
In the United States and other countries it is actually legal for authors to write erotic content that describes sexual activities, usually with no limit, that can include fictional minors. We call this smut - smut is legal.
However, communications on RpNation, social media sites and any other form of online communications (chat rooms, etc) are not protected under this law. No good judge or jury will give you that consideration. Online communications are not published written works. If that argument was valid then no one would end up on the sex offender’s registry for sexting (which happens, even without pictures).

What if I claim I don’t know their age?
Lack of knowledge is not a valid defense in most states in USA and under a certain age, it automatically gets invalidated even if it is legal in that specific part. (Looking at you, 12-13 year old children pretending to be older).
Romeo and Juliet Law:
The Romeo and Juliet law is a simple one, it is meant to allow teens to be teens and not to be punished. It works as follows.
What the law considers the “victim” has to be at least 14 years of age and the “suspect” is within 4 years of age. Less than 5 American states have this in effect to its fullest, most states have watered down litigation and laws with no real certainty. Most states include in this weaker Romeo and Juliet versions that they do not consider lack of knowledge a valid defence. In some states, the Romeo and Juliet law only applies to physical contact - it may not apply to written content.
The law is used arbitrarily, meaning that its protection can be dismissed by the court at any point in time, but that’s not the worst part. For it even to apply, both parties have to agree that it was consensual to begin with.

What if I am a minor and want to have fun with another minor?
It really depends on the location, but to this day, teens who have sex with other teens are getting sent to trial and convicted. Some states allow children of 16 to have sex with those under 18 (16 and 17 basically) but that shouldn’t be used as a defense to allow erotic content due to the fact that it is not 100 percent protective.

Well, I don’t live in the US, so I don’t have to follow these rules - right?

The site is hosted in America, and our site owner lives there, so yes - yes you do. Even if your country does not have child protection laws (most do, and some of them are much stricter than those in the US), we could still get in trouble for having your content on our site.
You may be tried by these laws if the minor you roleplay with is American.

Wizard, does this really matter?
In our modern and more liberal society, teens and such are having romantic relationships more than ever, things like this are not often reported - so they’re not often issues. Maybe the law will be updated one day to reflect the fact that teenagers are more educated and active then ever. Old laws are still laws, and as they are now, we could still get in trouble as a result of a phone call or email to the authorities.
Heck, even if going to jail is the worst apocalyptic scenario, the thing that can happen easiest is fake claims to our hosts. We’d be taken down for weeks for investigation. Hosts do this all the time even for fake DMCA requests, child endangerment, and other stuff. It is their legal requirement to do so or they could have their entire datacenters taken down.

Seriously, Wizard, I think you’re an idiot - everything is totally a written work.
It's not. Cybering, sexting and the sort is not a published book, and while it is legal for books of such natures to be written/published involving fictional minors (and even topics of rape and other stuff), you are not going to get those protections.

Does any way exist to avoid all these issues and allow erotic content?
Sure, we just need a way to be able to accurately verify ages online - then we could consider it. Read more about how nigh impossible it is here:
Verifying Ages Online Is Daunting Task, Even for Experts

Where are you getting this information from?
Our years of interacting with lawyers to see what we can and cannot do and other fun stuff we are preparing for (totally not confirming RpN Con hue) and interacting with law enforcement in regards to parents who have contacted as and the authorities in regards to sons/daughters erotic RPing inside PMs or on the site itself, one extreme case of stalking (where an older member socially engineered a female member’s address after months of slowly talking her on RpN/Facebook and her friends/family and pretending to be various people to slowly learn about her).
But again we aren’t lawyers, all of our information is based on stuff in the recent past and laws can change practically over night, if you are ever in doubt about something online please consult a lawyer who specializes in the relevant field of law.[

Closing Remarks

Ultimately, sure, the jail scenario is the ultimate doomsday scenario unlikely to happen, the site would be shut down before that because anyone smart/malicious to submit false claims (or heaven forbid, a real one), the damage that it would cause the site to be offline for so many weeks would be irreparable for our community, after all we roleplayers are fickle creatures :D!
So yes, while we or any community that allows erotic writing or content is most likely not going to jail, it does build the community like a house of cards, easily able to be crumbled/knocked over by a concerned parent/disgruntled user/asshole.
o me that is no way to build a community and thus as has been the decree since day one, erotic content is and shall always be unacceptable here on RpNation.com. If that is what you are looking for please join another community for those kinds of needs.

So again is it illegal?
Yes and No, it is extremely gray waters leaning towards the dark side. It truly depends on how vicious the law is that day.

If you have any questions/feedback/concerns please post below.
 
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Xenomorphic

Everybody's Friendly Neighborhood Xenomorph
#2
Not sure if it's just me, but that text seems a little too dark to read given the use of my current background.
 

The Dark Wizard

Administrator
#3
Not sure if it's just me, but that text seems a little too dark to read given the use of my current background.


Oops sorry!


I'm still not used to the site having numerous awesome themes. When I copy and paste from a word processor I have to be mindful of the fact it auto colors everything black for me instead of automatic. Better now :)!?
 

marorda

Official Oddball and Creator of Worlds
#5
Oops sorry!


I'm still not used to the site having numerous awesome themes. When I copy and paste from a word processor I have to be mindful of the fact it auto colors everything black for me instead of automatic. Better now :)!?


I'm assuming it is. I have the Night Lyfe theme and I can read it perfectly fine ^_^
 
#6
Now, just out of curiosity here, wouldn't it be a simply matter of having something on the site that you keep your age and a do/ddo not erp option? could that with a "by clicking this i agreee i'm the proper/legal age and cannot proscute others for content, etc. ? that's how a lot of sites do it


...not that i know or anything.....
 

drummerboi

Four Thousand Club
#7
it's kind of weard that you don't allow erotica yet rps abut domestic abuse child abuse and all that stuff is A okay. I understand about the law but theres other controversial stuff on ehre as well
 

welian

Glorious Mistress
#8
Now, just out of curiosity here, wouldn't it be a simply matter of having something on the site that you keep your age and a do/ddo not erp option? could that with a "by clicking this i agreee i'm the proper/legal age and cannot proscute others for content, etc. ? that's how a lot of sites do it


...not that i know or anything.....
The announcement links to a New York Times article explaining why this is not sufficient.
 

Magick

Ser Pounce-A-Lot
#9
I'm glad this was addressed. I only do one on one roleplays anymore... Which is a blessing and a curse. Curse, because you have one person's attention. Your character(s) have that person's attention. It's a very intimate roleplay (I don't mean that sexually... I just mean you're writing closely with one person)... but on the sexual side, it gives it the... "opportunity" to become intimate. I had a horrible experience with a partner (on a different site) who was really only interested in getting it on with characters. I just personally am uncomfortable with it, and I'm glad RPN doesn't allow it. For those reading who disagree, please bear in mind that I've done writing challenges that are aimed specifically to get me out of my comfort zone, and some of those have had smutty themes. I can do it, I just don't really like it.


Just going to say, thank you for addressing this topic.


For those of you that might think I'm a suck up or a stickler or lame or boring or whatever, if it explains a lot, I am a person who doesn't believe there has to be romance in every roleplay either. Which is what a lot of role play has boiled down to in my opinion.


Be safe, folks. Make good choices. Internet life is all fun and dandy until you have something that haunts you.
 
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The Dark Wizard

Administrator
#10
Now, just out of curiosity here, wouldn't it be a simply matter of having something on the site that you keep your age and a do/ddo not erp option? could that with a "by clicking this i agreee i'm the proper/legal age and cannot proscute others for content, etc. ? that's how a lot of sites do it


...not that i know or anything.....


Pretty much this

The announcement links to a New York Times article explaining why this is not sufficient.


Also that only really works for Porn sites to an extent. That hoenstly doesn't work with most other sites where children are expected to be hanging around.

it's kind of weard that you don't allow erotica yet rps abut domestic abuse child abuse and all that stuff is A okay. I understand about the law but theres other controversial stuff on ehre as well


Most of that stuff is allowed in the states for teens. We aren't a PG 13 site, we allow Violence, Gore and other adult topics. For those who have and have not noticed, RpNation is pretty free and liberal with what we let users do, we just don't want to do with the ramifications of people cybering because they couldn't do that else where and they came to ruin everyone's fun here.
 
#12
I can completely understand where they are coming from. The child abuse, domestic abuse, ect. is a somewhat grey area for me since I don't know if there are laws to not allow these type of role plays but as far as I know the United States only have laws against the act of it and it is abuse meaning they have to hit, negletted, ect. but with the erotic stuff there are no secure way to make sure that someone is of age online and even what ValkrieRose suggested the more tech savey kids could find away around it or just straight up lie. I know when I was a kid I lied about a lot of things, mainly things to my parents to get my older sisters in trouble since all doctors my parents went to said I didn't have long to life so they didn't have it in them to punish me but I still feared being punished so I lied about stuff I did and said it was my sisters.
 

Atmo

Knight of Tentacles
#13
At first I was scared by receiving such a private message on my email, but then coming back here after so long (I don't even use this site anymore) took me back some months ago, when I asked if this content was allowed under private messages and all that. No, was their answer, and that is fine; they are protecting everyone's ass, not just their asses.
 

drummerboi

Four Thousand Club
#14
i agree with you on that there shouldn't be stuff like that on here. Im just saying that iv seen kids on rps that have to do with having a  charicter in a asylem. I saw there chariter bios and there kind of insensitive they know nothing about the mental disorders and one of there charicters put ADHD yet they rp'd that there charicter has schytzophrania. instead of letting kids go on stuff like that freely I would like it if they know what there heading on into.
 

Iskandar

Doujin Expert
#17
Now, just out of curiosity here, wouldn't it be a simply matter of having something on the site that you keep your age and a do/ddo not erp option? could that with a "by clicking this i agreee i'm the proper/legal age and cannot proscute others for content, etc. ? that's how a lot of sites do it


...not that i know or anything.....
Hue... Great question, Hue.


*Undresses and sits in protest* Why am I protesting again?


To be honest, I don't see the appeal in ERP, like... Why? Then again, never done it so meh. Good job though on the PSA, Wiz.


Now I need to find somewhere else to talk about my douji- I mean what?! xD


Okay seriously, I'll leave, my comedy is utter crap. Bye bye ;-;
 

The Dark Wizard

Administrator
#19
Ironically, I was just reading a Tumblr page I stumbled upon this morning. This was the basic way it put it (along with a sum-up of what the OP states). Of course, this is general, though.





http://rpedia.tumblr.com/post/92617746593


Oh god tumblr :D!


I get so many arguments that tumblr is protected under works of written literature, and the answer to that is a no. The teens on there are just not going to report each other and when stuff does happen with the law, Tumblr just has enough money to make it go away, that is how the big social media sites get away with it, if not Facebook as an example would have been shutdown ages ago.
 

Nooguy

Eternally perplexed and oblivious
#20
Gotta looooove the anonymity the internet affords people especially in severe matters such as this. Hopefully things change either law-wise or age verification-wise to give y'all an easier time at this. Lord knows I'd end up throwing a chair if I had to try and manage this sort of demon on a site I ran.
 

Alexandra

The black-eyed cousin
#21
i agree with you on that there shouldn't be stuff like that on here. Im just saying that iv seen kids on rps that have to do with having a  charicter in a asylem. I saw there chariter bios and there kind of insensitive they know nothing about the mental disorders and one of there charicters put ADHD yet they rp'd that there charicter has schytzophrania. instead of letting kids go on stuff like that freely I would like it if they know what there heading on into.
Insensitive portrayal of mental illness makes a person an asshole, but being an asshole isn't illegal.
 

Meredith

Caffiene Dependant
Moderator
#22
I can completely understand where they are coming from. The child abuse, domestic abuse, ect. is a somewhat grey area for me since I don't know if there are laws to not allow these type of role plays but as far as I know the United States only have laws against the act of it and it is abuse meaning they have to hit, negletted, ect. but with the erotic stuff there are no secure way to make sure that someone is of age online and even what ValkrieRose suggested the more tech savey kids could find away around it or just straight up lie. I know when I was a kid I lied about a lot of things, mainly things to my parents to get my older sisters in trouble since all doctors my parents went to said I didn't have long to life so they didn't have it in them to punish me but I still feared being punished so I lied about stuff I did and said it was my sisters.

i agree with you on that there shouldn't be stuff like that on here. Im just saying that iv seen kids on rps that have to do with having a  charicter in a asylem. I saw there chariter bios and there kind of insensitive they know nothing about the mental disorders and one of there charicters put ADHD yet they rp'd that there charicter has schytzophrania. instead of letting kids go on stuff like that freely I would like it if they know what there heading on into.


None of these things are illegal to write with minors, excepting erotic content.


People can write what they want within the rules, whether it's correct or not, though I do know Ghost has a really nice tutorial on writing mentally ill characters that you could link them!
 

Galactic

RPN's Only Resident Loser
#25
I'm personally really thankful for the lack of erotic role-playing. I've been on sites before that allowed it and it soon became a meeting place for the horny creepers, and I'd assume the same would happen to RPN. There are times every now and then that I do crave a little eroticness, but overall I'm happy. 
 
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