Daughter awarded US$ 110,000 for father’s emotional neglect- Brazilian Supreme Court

The Brazilian Supreme court awarded US$ 110,000 of moral damages to a daughter who felt emotionally abandoned and felt treated as second class daughter by her father. The court dismissed the father’s defense that this emotional abandonment was caused by the mother’s aggressive behavior. Also the fact that paternity of the now adult daughter was only officially established recently.

Such legal liability is now in the process of being incorporated into the ECA statute of adolescent and children’s rights.

The intent of giving emotional support is noble. Human-Stupidity deplores the overcriminalization and total regulamentation of all aspects of human behavior under the threat of heavy civil liabilities.

Due to the importance of such decisions to Libertarians,  the men’s rights (and feminist) movement, we translated two newspaper articles in their entirety.

Translation: Superior Tribunal in Brazil orders father to pay compensation for emotional abandonment 
(STJ condena pai a indenizar filha por abandono afetivo)brazilian-supreme-court

SAO PAULO – The Third Chamber of the Superior Court of Justice (STJ) ordered a father to pay R $ 200 thousand [US$ 110 000] to his daughter for "emotional distance". The decision is unprecedented. In 2005, the Fourth Chamber of the Supreme Court had rejected moral damages for emotional distance.

The case judged originates from São Paulo. The author of the case obtained judicial recognition of paternity and filed suit against the father because he had suffered material and emotional neglect during childhood and adolescence. The trial judge dismissed the petition and attributed the father’s distance to "aggressive behavior" of her mother towards the father. The woman appealed to the appeals court and said the father was "wealthy and prosperous." The Court of São Paulo (TJSP) reversed the judgment and set the compensation for R$ 415,000.

On appeal to the Supreme Court, the father argued that there was no abandonment, and even if he had done so, there would be illegal to be financially indemnified and the only possible punishment for failing with such obligations fathers would be the loss of family power.

Minister Nancy Andrighi , the of the court’s third chamber, however, understood that it is possible to demand compensation for moral damage caused by emotional abandonment by parents. "Love is optional, care is duty," she said in the sentence. For her, there is no reason to treat the damage to family relationships differently from other civil damages.

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Acta in the UK: 10 years in jail for a download. Copyright running amok.

The movie industry, record industry, and yes, the porn industry have some legitimate concern about  illegal unpaid downloading of their intellectual property. Unfortunately, they try to stem the tide by draconian punishment for minor crimes like downloading. Dangerously, industry interests coax politicians to enact overcriminalization laws that seriously hamper internet freedom and mete out harsh prison sentences, like SOPA in the US and ACTA in Europe.

See this YouTube movie

 

Human-Stupidity Analysis: historical precedents and alternative solutions

Interestingly, we had similar problems when Gutenberg invented printing, when the shellac record was invented, with advent of the copying machine, the tape recorder etc.

When we download something we really like, we would love to pay for it. Unfortunately we don’t know how. An easy mechanism for voluntary pay should be created. Furthermore, many countries introduced a tax on blank DVD, CD, copying machines, DVD recording machines that was to be used exclusively to pay off copyright owners. As a solution to the copyright dilemma, a similar monthly tax has been proposed on computer equipment. Harsh but much better then criminalization of an entire population and internet surveillance.

Human-Stupidity, tongue in cheek, wonders if these taxes are evenly passed on the the porn industry, which disproportionately suffers from illegal copying.

We also want to remember that it is morally unjust and illicit money grabbing, when copyright owners charge the SAME prices for downloads (that cost almost nothing) then for physical CD and shellac disks that entail huge production, transport, distribution and storage cost. This is the same as if we were charged the same price for books as they cost when someone had to copy them in hand-writing, before the advent of printing. Prices ought to drop considerably due to technical progress.

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Bruce Rind Study: Scientific Publications Condemned and Repressed by US Congress and Senate

One of the most prestigious peer reviewed research journals of the American Psychological Association published a meta-research (an overview of lots of other research papers) with disturbing findings.  Result: the US Senate and US congress condemned the Research.  After all, the preconceived notions behind our criminalization of Teenage Sexuality must not be disturbed.

Disclaimer: The issue here is repression of research and denial of the truth. One still may defend the laws as they are, but should not repress free research that could challenge one’s personal political opinions.

http://www.emory.edu/ACAD_EXCHANGE/2002/decjan/silenced.html

Another clash between highly charged political rhetoric and scholarly discourse concerned Associate Professor of Psychology Scott Lilienfeld. It began with a 1998 paper in Psychological Bulletin, a journal of the American Psychological Association (APA). Temple University’s Bruce Rind and two colleagues had conducted a review of quantitative literature, finding a weak link between childhood sexual abuse and later psychopathology. Radio talk show host Laura Schlessinger blasted the article as an effort to normalize pedophilia. Both houses of Congress passed resolutions condemning it, and finally, the chief executive of the APA wrote that the findings “should have caused us to evaluate the article based on its potential for misinforming the public policy process. This is something we failed to do, but will do in the future.”

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Victim: Courts did more harm than Polanski

The events of a single afternoon when she was 13 years old have haunted Samantha Geimer her entire life. A famous movie director allegedly gave her champagne and had sex with her.
She is 45 now, and wishes the whole matter would just go away. The arrest of Roman Polanski in Switzerland over the weekend makes that highly unlikely. Geimer is back in the news in connection with the infamous 1977 California sex case, whether she likes it or not.
Source: http://edition.cnn.com/2009/CRIME/09/29/polanski.victim.profile/index.html

Of course, if the worst allegations were true, that Polanski drugged the girl without her knowledge, and raped her while she told him to stop, everyone agrees this is a serious crime. But, where is the proof? It is strange that with sexual crimes against minors, the alleged perpetrator is “guilty until proven innocent”. Many times a minor gets caught by the parents, and instead of admitting she did it willingly, she decides to cry rape. So in normal cases, the legal rule is “innocent until proven guilty”. That is the rule that should be valid for all legal cases, even if a few guilty people were to be set free unjustly.

Quaeludes were a recreational drug, not a date rape drug, so if the girl were conscious of the fact and not underage, there would not be a maior problem. Note also that there is no proof for all the allegations that he gave her quaeludes
Source: http://en.wikipedia.org/wiki/Methaqualone

So Polanski did a plea bargain, admitted to unlawful sexual intercourse with a minor. Yes the girl was fairly young, but millions of men would go to jail if this would be enforced regularly. I think it is worse to get a minor pregnant, when she is not ready for a child physiologically, psychologically, and financially.  As shown in other posts here, it seems that the hysteria about underage sex is not supported by scientific facts. Worse, scientific research about underage sexuality is actively suppressed and shunned. The link before shows how prestigious scientific research (not a fringe publication but the American Psychological Association) showed that most underage sexuality causes no problems. This research was rejected by unanimous vote in the US senate. Where else would the US senate repress research? Well, Clinton repudiated the Bell Curve, racial differences are another no-no.

Also notice that in the 70ies, times were different. Holland legally published porn movies with 16 year old actors. The blue lagoon with nude scenes of very young actresses has not even been out yet. In most parts of the world, all these things became criminalized later 

And finally, most crimes would have prescribed after 35 years.

So is there a problem: yes. But I don’t see it as a huge problem that is being made out of it. And, often forgotten, there is a problem when adult women (or men) take recreational drugs and drink alcohol, and maybe they end up doing things they would not have done otherwise.  Independent of being underage or not. Aclohol-related loss of self control is a huge problem.

Enough playing devils’ advocate today. This is not the complete discussion of the issue, just some points that are often omitted.

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Teenage boy jailed and sentenced for consensually kissing teenage girl (Marco Weiss-Charlotte-Turkey)

A 17 year old boy kissed a 13 year old boy who had lied she was 15. Mother found out,  German boy spends 8 months in Turkish prisons with 30 adult prisoners in a cell and now gets a 2 1/2 year suspended sentence. He could have gotten 8 years.

Why does the press not call this stupid insanity by name? Society was brainwashed so the teenage sex witch hunt continues unabated.

Marco Weiss had kissed a British girl Charlotte in Turkey.

A 17-year-old German student faces up to eight years in Turkish prison. His offense? Kissing and fondling a 13-year-old British girl who allegedly lied about her age.
http://www.spiegel.de/international/europe/0,1518,490525,00.html

A Turkish court has sentenced a German teenager to a suspended prison term of  two-and-a-half years for sexual abuse of a 13-year-old girl.

As usual, this is where the manipulative lies start. Consensual sexual activity is called “sexual abuse”. Just because it involves a minor. The law distorting facts, worse then any Nazi propaganda. A kiss is a kiss, abuse is abuse. A consensual kiss is not abuse or rape.

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Sexual Desire for Pre-Pubescent Children. The worst of all crimes?

As child abuse experts point out, about 50 children are reported kidnapped and raped or murdered by strangers annually, compared to more than 3,000 children murdered by parents and other family members in non-sexual cases.

Most sex offenders, says one therapist who works with sex offenders in a state prison system, are “Gentle grandfathers who made one mistake in judgment years ago and fondled their grandchild.

At issue her is:

  • Legal punishment for sexual “crimes” against minors is a modern witch hunt.
  • Totally out of proportion to damage caused by it.
  • Hysteria
  • Purposeful confounding of criminal violent sexual crime against minors nearly or totally harmless fondling or consensual sexual acts
  • any reasonable open-minded unbiased discussion or scientific analysis of the issue regarding underage sexuality  is totally shunned, repressed, ignored, prohibited.
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Germany bans Cola drink for 0.4 micrograms/l cocaine content

Another absurd example of drug policy going haywire. The sugar content and artificial coloring, and the empty calories are deadly menaces to public health. Very minute traces of cocaine are probably totally inefficient, maybe even beneficial according to old South American Indian tradition. Certainly the coffeine is more dangerous. It will be interesting if such traces will be found in other foodstuffs.

The illegal cocaine alkaloid – one of 10 found in coca and representing only 0.8% of the plant’s chemical make-up – is chemically removed before use, as mandated by international anti-narcotics agencies.

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Man who sought prostitute for son (14y) sentenced

A father who asked an undercover police officer posing as a prostitute to take his 14-year-old son’s virginity has been given a suspended prison sentence. ** We consider this a victimless crime and see no scientific proof that young kids need protection from their sexual drives.

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A father who asked an undercover police officer posing as a prostitute to take his 14-year-old son’s virginity has been given a suspended prison sentence.

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