Rape is also morally repulsive if you ask me, and yet I'm getting told that non-con between adults is far better than wholesome high school cuddling? (because it's not just lolicons that are banned)
But I'll grant "it's not us, but erring on the side of caution for the stupid law", is at least the only legit and consistent excuse I have ever heard.
The problem is, of course, that nobody did. When I said 'considered', I meant considered by society or by those in power - whichever you deem appropriate - and not considered by you, personally. Additionally, there's no reason you can't depict "wholesome high school cuddling" in a CHYOA story, provided it is indeed wholesome and there's no groping or half-nudity or anything.
I also wouldn't call taking basic, standard measures to avoid serious criminal charges an 'excuse'.
One... How does say... Something that is lovecraftian in nature work... It's clearly more intelligent than a human, but it doesn't pass The Harkness test as it would be unable to technically give consent as it is incapable of communicating in any understandable way,
Well, technically, if it doesn't pass the Harkness test then it's bestiality... but realistically, it takes very little effort to simply write communicative ability into the story. You could also apply the Harkness test not to the Lovecraftian entity itself but to whatever aspect or form of it is involved in the sexual situation.
also for that matter what about mindless beings that are nevertheless humanoid in nature. Like say a zombie? A zombie would not pass the harkness test would it?
Remember that rule 2 doesn't read "everything must pass the Harkness test", but this:
All non-human
creatures which are depicted in
sexual situations must pass the
Harkness test.
One of the details specified in defining these terms:
Plants, robots, animated objects, and human zombies aren't considered creatures
Also does the harkness test factor in the instigator? Like in the above mentioned lovecraftian concept... Would the creature instigating sexual interaction work as the required consent?
Not by default, but I imagine it could depending on the context. As strange as it sounds, the Harkness test cares about the
ability to consent, not whether consent has actually been given. This means it is theoretically possible for a creature to have given consent without having the ability to give consent, for instance, they gave consent as a human and were then transformed into an animal during the sexual situation. Of course, such situations in practice don't naturally occur very often. I will say that if your creature has the communicative ability (verbal or physical) to instigate a sexual situation, then that communicative ability is probably sufficient to pass the Harkness test, but it's not guaranteed.
Two... So... Why is there a rule against excessive violence? As far as I understand there's no legal bearing behind that rule, it's clear that there's nothing illegal about depicting excessive levels of violence or gore even in a sexualized context, at least not in the majority of the world, I'm sure some countries might have laws about that.
I guess there must be some precedent for prosecuting such content. When it comes to excessively violent sexual content, there are certainly at least legal grey areas. I did check just now, and it seems that popular pornographic sites ban such content, or at least prevent searches for it - words like 'abuse' and 'violent' on Pornhub don't return anything, for example.
Note that rule 3 only covers excessive sexual violence or disturbingly extreme violence, not regular everyday violence. Excessive is a relative term - excessive of what? - so the details of the rule are more important than the name.
It is
not allowed to depict excessive violence.
- It is not allowed to write scenes
- where a character dies during sexual situations (e.g. by asphyxiation during sex)
- which feature the cutting of genitals
- in a gory manner
- in a way that glorifies violence
- which feature an excessive amount of violence which wouldn't be necessary to tell the story
- Power plays, non-consent fantasies, and a reasonable amount of violence are fine