I, too, apologize for derailing the earlier thread. Gomen nasai. :bow-pray:
I agree with japonaliya that, on its face, the idea that a sex doll could be deemed not just obscene, but, much more seriously, a form of child pornography would seem to fly in the face of the U.S. Constitution as it has been understood for quite a long time.
The scary thing, though, is that such commonsense no longer applies. The case of Christopher Handley is a sobering reminder of that fact. As many of you probably know, Mr. Handley was arrested when a package of doujinshi (self-published manga) he ordered from Japan was intercepted by postal inspectors. Mr. Handley was charged in Federal Court with violating the notorious "PROTECT" Act. The judge wisely ruled that the most outrageous parts of that Federal law were unconstitutional. But he left standing the portions regarding obscenity, because those portions were simply a restatement of long-standing obscenity laws that followed the famous "Miller Test." (Sorry, too lazy to provide a Wikipedia link.) For reasons that are not entirely clear, but which seem to have involved threats from prosecutors, Mr. Handley pleaded guilty to the charges. (Note that not a single scrap of actual child pornography--photos or images of actual children--were found; the entire case is based solely on the drawn images in the manga.)
Now, since Handley pleaded guilty, this does not make for solid legal precedent (or so I've read). And since he hasn't been sentenced yet, we don't know if he will be convicted of possession of child pornography, or just simple violation of obscenity laws. That is the crucial point, since the former would brand him a "sex offender."
So, setting aside the fact that you would think the authorities would be glad that someone with pedophilic tendencies was home porking his compliant silicon doll, rather than out stalking real children...
...we do have the very disturbing precedent of a man being convicted of the crime of purchasing drawn images of non-existent characters. (Whether or not he gets jail time remains to be seen.)
So, philosophical arguments aside, as a practical matter, I would strongly discourage anyone who lives outside of Japan from ordering a Japanese sex doll, unless it has large breasts, pubic hair, and preferably simulated stretch marks from childbirth. :evillaugh:
Joking aside, assuming the case discussed on the sex doll forum is in fact true, I think it would be a bad idea to "test" the laws of your own country, unless you don't care if family and colleagues find out, and you have a hell of a lot of money to pay lawyers' fees.
Sadly, though, I think part of the motivation of both police and prosecutors is to frighten other people out of testing the limits of the law. Even if the accused is eventually vindicated in court, his life will be left in a shambles. So people are frightened out of exercising their Constitutional rights. :sigh: This is a flaw inherent in a legal system in which police and prosecutors are rewarded for getting convictions, rather than for assuring that justice is served.
As for the question of whether dolls have spirits, as an atheist who doesn't believe in spirits of any kind, the short answer for me is "no." But that doesn't keep me from talking to my computer or my bicycle as if it had some kind of sentience. Anyone who ever had a favorite doll or stuffed animal as a child (or even as a grown-up) "knows" that they take on a personality of their own (in the mind of the owner). In some cases it might be a symptom of some sort of psychological problem, but in the vast majority of cases I would say it's perfectly healthy, and even therapeutic. And if it helps someone find an outlet for desires that cannot be realized legally or ethically with a living person, then you would think society would actually encourage their use. But "society" (in any country) is not renowned for being rational, is it? :dunno: