gia (Level 13)

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Today's the day that Christopher Handley-- an Iowa man who has been charged with transferring obscene materials and with mailing them (I know, I know) due to his importation of some loli manga --gets sentenced. I've spent a bunch of time this morning reading over the sentencing recommendations, and it's really interesting stuff. 
 
First, disclosure-- I am thoroughly and completely biased in favor of the defense. Now, on with the summary:
 
Joint recommendation: the defense and the prosecution have agreed to recommend 6 months in prison followed by three years of probation for "transferring" obscene materials, and five years probation for "mailing" obscene materials. Handley will also have to hand over the computer he used to do this, and may have to undergo medical, psychiatric, and/or psychological evaluation as part of his probation conditions. 
 
D.A. recommendation: Same as above. The DA's document, as I read it, basically tries to say that Handley is a ticking time bomb who could start molesting little girls any second. Although he has no criminal history, the DA says, the same is true for many kiddy porn fans on their first charge. Besides which:

"He has, however, spent the past 17 years collecting over a thousand works of manga from Japan of a sexual nature, using images of young girls in such books as a substitute for sex. (PSR ¶¶ 19, 21 - 22). He reads as many as 35 manga books a week, and has thousands of DVDs of Japanese anime. (PSR ¶ 54). His primary means of social interaction with others has not been involvement in the community, but has been playing online role-playing games. (PSR ¶ 54). Mr. Handley recognizes that these hobbies have been a compulsion, causing  him to incur “significant debt from buying various Japanese art forms” and “upgrading his computer system.” (PSR ¶ 55). He lives in the basement of his mother’s home. (PSR ¶ 56)." 

Also... 

"When Mr. Handley underwent a consensual psychosexual evaluation, he declined to answer numerous standard questions in the multiphasic sex inventory, which prevented Dr. Smith from gaining a complete picture as to the nature and extent of his sexual deviancy."

Apparently he's a deviant until proven otherwise? I guess this could be after he pleaded guilty though.

Defense recommendation: The defense has clearly agreed to the time in jail and probation, and the document primarily focuses on the conditions of release and probation. It argues that because Handley's career has been entirely based on his computer programming training, banning him from any computer use is overly harsh; it also states that since he has never committed any sexual offense against another human being, he should not have to register as a sex offender, and a condition that prevents him from making use of ANY pornogrpahy-- including the legal kind --is overly harsh and really not conducive to his rehabilitation. 
 
Also Of Note: The books in the package that got Handley into this much trouble in the first place were listed:
  1. Tamachi Yuki's Mikansei Seifuku Shoujo (Unfinished School Girl), LE Comics 
  2. Makafusigi's  I<3DOLL, Seraphim Comics 
  3. The Animal Sex Anthology Vol. 3, Izumi Comics 
  4. NEKOGEN, Neighboring House Family, MD Comics  
  5. Mafusigi's Eromon, Seraphim Comics 
  6. Kono Man Ga Sugoi, Seraphim Comics 
  7. Hina Meikyuu, Seraphim Comics 
(Note that the last three were actually cited by ISBN and "No English Title Could Be Found." Nice detective work.)
 
A full list of the books in Handley's possession that were considered part of the case is not given but it is stated that 80 books of about 1,200 were retained as potentially containing obscene materials-- it is also not specified whether in fact they did. The document notes that Handley had a number of Comic LO anthologies (LO = Loli Only), and even a bit about where he got them: 
 

"Mr. Handley was interviewed by Inspector Raper on March 23, 2006. Mr. Handley admitted he ordered the 7 books from “cosplay café” a week or so earlier, and confessed to ordering similar materials earlier from “Jlist” in Japan and “Mandrake.com.” [SIC- they presumably mean Mandarake, a chain of doujinshi shops in Japan]"

Oof. Well, I have to stop reading and get back to eyeballing PACER for the results of the sentencing now...
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