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There’s sex and there's love - but not always together : Comments
By Barbara Biggs, published 13/11/2006You can walk down the street wearing skimpy clothes but that doesn’t mean it’s a good idea.
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Rex mentioned a 'clothes optional' beach. At such a beach, or at any beach, a woman wearing little or nothing is usual, and can barely expect to attract attention. The recent debates about privacy in a public place also can be applied here.
With one exception: except under very specific circumstances, it is illegal to take, or have in your possession, pictures or videos of a girl (or a boy for that matter) under 16 without clothes or in what could be described as 'erotic' situation, but can also be described as pornographic poses or situations.
There is an anomaly here in the law: a girl under 16 can legally go topless on many beaches (every beach in Sydney at least). So she can consent to displaying her breasts, and on clothes optional beaches the rest of herself as well, but she cannot consent to having her photograph taken in the same state of undress, as such a photo is in itself against the law. I am not arguing here that child porn should be allowed: I am simply pointing out an anomaly under the law.
So the law attempts to protect against child pornography, but does not present children from exposing themselves. Perhaps children under 16 should not be permitted to expose themselves on beaches or anywhere else?
Getting back to context: a girl wearing a Lycra outfit with a gym bag over her shoulder in a suburban shopping centre is simply showing that she is going to the gym. The same attire, at 2.00am in Kings Cross, St Kilda or on Canterbury Road is saying something very different.
And rape isn't always about power: as an example, a man who takes sexual advantage over a drunk girl at a party is as guilty of rape as someone who uses a knife to threaten. However one can be seen as a sexual encounter without informed consent, the other can be seen in the context of sex and power, obviously without consent.