a guest Jun 27th, 2019 62 Never
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- TL;DR: I list each side's defenses and basically come to the conclusion that if/when the matter is taken to court, Drakinatior will be legally punished, no matter how much the community sees them as innocent. A law was broken, so they must be punished.
- First things first, even though Drakinator's actions were breaking the law, this does NOT make them a pedophile. A pedophile, by definition, is a person who is sexually attracted to children. In this situation, Drakinator shows no attraction to the minor, so they are not a pedo. It's harmful to throw around labels like that, especially with such serious topics. I've heard rumors about them doing things in the past that may have classified them as a pedo, but that's a whole different situation. Please keep in mind that this situation on it's own is not able to back up the claim that Drakinatior is a pedo, so I am asking you to please not spread that idea around.
- For those who don't know, the below basically what happened, as far as I am aware. There may be more information out there, but I am only taking this into consideration as it's the only thing I have confirmed is true and not just a rumor.
- Drakinator sent a legal adult NSFW content during an argument. Around the same time, they were talking to a minor. Drakinator ended up sending the minor a screenshot of the chat with the adult, which contained the NSFW image.
- In Drakinator's defense:
- -Drakinator claims that the argument they were in at this time made them very upset/angry, and caused them to act irrationally.
- -Drakinator claims the minor asked for proof, so Drakinator asked if they were of age. (Before they could confirm/deny being 18+, Drakinator snapped and sent the proof of the argument anyway.)
- -Drakinator claims that they were not aware that the minor was a minor. Their profile said 23, which Drakinator assumed was their age.
- -Drakinator regrets what they've done, and the guilt and/or backlash has resulted in them spending at least couple hours in a psychiatric hold. Also, this event has made Drakinator decide to limit their social media interaction and stop making videos.
- In the minor's defense:
- -The minor is 14, the 23 on their profile meant 2023, the year they will graduate.
- -The minor's boyfriend claims that the minor *did not* ask for proof, consent to see the image, confirm their age, and was not even discussing the argument that the proof was of.
- -Those supporting the minor believe that Drakinator is pulling the 'hospital/suicide card' and is deciding to stop uploading to YouTube to cover their tracks in a sense. (However, there is no actual proof that this *is* what they're doing- for all we know, Drakinator may actually be suffering severe mental trauma and feels leaving YouTube is one of the only ways to attempt to make up for what happened. Or, it could be a lie. Just remember that we do not actually know for sure what is happening.)
- -Sending NSFW content to minors is illegal in the US, where Drakinator lives.
- For most of these, it's word against word, and which side you take really seems to boil down to who you believe/trust more (or you view it from a legal standpoint and think Drakinator must be guilty because they did something illegal). If there are screenshots out there actually proving anything, I haven't seen them. A lot of people seem to only accept/talk about things on the side they support. People who support Drakinator think their claims of having mental health problems is true, while those who are against them think it's just trying to guilt trip the victim/make you pity Drakinator/etc. I've seen very few objective comments. This makes finding the truths really hard, but oh well.
- Now to get into the legal stuff (I am not a lawyer).
- The laws that cover this subject are called obscenity laws.
- Obscenity basically is referring to anything vulgar.
- "Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16, including over the Internet, is punishable under federal law."
- Whether intentional or not, Drakinator did send something considered obscene to a minor under 16. So, they may be punished under federal law.
- This broke the law, so the authorities aren't just going to ignore it. Plus, the minor's boyfriend claims that the situation IS being dealt with legally.
- I found a site that talks about trials for federal crimes. I won't go into detail, but if you're interested, it's the 4th source listed.
- What I gathered from it is: Since a federal crime was committed, Drakinator will be punished. The community really isn't the one deciding whether they are innocent or guilty. If you support Drakinator, you can hope that the court will take Drakinator's unstable mood (during and after the event) into account and give them a less severe sentence. If you're against Drakinator, you can hope that the court won't care too much about her mood and give her a tougher sentence. All that we, as the community, get to decide is how much sympathy to give Drakinator, and whether or not to accept them back into the community if they ever did try to come back.
- Now, I would tell you my stance on all this,
- but I'm not supposed to share my opinion.
- -Boria Glorger
- The screenshotted conversations from https://www.youtube.com/watch?v=eCoJjwWog3c
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