Late last week John “Buttman” Stagliano’s case was dismissed from court for not enough evidence. This is a great relief for the porn community and should be a relief for all really.
Stagliano was charged with obscenity and was facing up to 32 years in prison and $7 million in fines. Many compared this to the sentence handed to Oscar Grant’s murderer who received just 14 years in jail for a crime witnessed around the world .
The obscenity in question featured 3 movies which had such apparently depraved things as female ejaculation (I’ve seen urination cited as one of the violations and I wonder if this is what they are referring to or if there is also urination), milk enemas, ass sex, foot fetish, BDSM, and puppy play. All of the players in the movies were consenting adults. All of the people who would be viewing the movies would also be consenting adults as long as there was no coercion by outside sources having nothing to do with the films themselves or Stagliano. How exactly is this worse than shooting someone? Even if the content of the videos is not something that turns you on, why should it be charged as obscene and the creator thrown in jail with hefty fines? The same could happen for the creator of something that does turn you on. It’s a slippery slope.
Thankfully Stagliano has been let go. But I must worry for other such pornographers who push the envelope. The envelope that is sometimes not even all that far outside of the norm. For example, did you know that fisting is considered to be obscene and distributors will not let it appear in DVD format? Fisting is an incredibly common act in the queer community and something that ends up getting cut from a lot of films where queer actors are told to have the kind of sex that they love to have. And is female ejaculation really pushing the envelope? Many women do it. It’s not even something that a lot of women do by choice. It is a natural reaction to their orgasms. How exactly is that any more obscene then men ejaculating?
I do hope that this sets some sort of precedent, but I worry that it won’t because the case was thrown out for insufficient evidence. Had Stagliano been judged not guilty then the precedent could have been set and it would have been more difficult to convict pornographers after this. Although I am curious how much evidence is needed when prosecutors had an entire video catalogue to choose from.
Obscenity laws are supposedly meant to protect people, but I have to wonder who they think they are protecting. If anything, the adult industry needs to stop being shamed all the time and there needs to be more of a focus on enhancing the working environments for sex workers. But that’s another argument for another day, one I’m always making.
I share your concerns. That was a lot of personal liberty at stake for Stagliano, so I’m very delighted the case was dismissed. It would have been great, though, if we could have had some new, more liberal precedents set during the Stagliano trial.
It may be awhile, but I expect we’ll see another case down the road… and that prosecutor will have been warned to get his/her evidentiary ducks in a row before the trial.
Good to hear it was dropped.
But I think it will be a long long time before obcenity stops being an issue in the US.