Legal age for characters

[Rinima]

I just had this really random though but:
say I mature rated visual novel came out in England, and the character's where say, 16, what would the reaction from American's be?

Sorry, I was just wondering about legal ages to do *ahem* stuff in visual novels, and wonders if it would actually cause any problems?

Like, what age should characters be?

Urrrrg, why must it all be so confusing

[Hazel-Bun]

It really depends on what they're doing. Say for instance they were drinking or smoking and they're sixteen. In the US (though some teens do so anyway) that is illegal and they are considered underage. Now, you wouldn't run into legal issues per say (I mean a lot of YA has that and much more), they're would be a moral push back though, seeing as that might be considered endorsement of said activities towards minors.

But, again, as long as it's rated accordingly and you sell it via the right channels, I'm sure you'll be okay.

[Rinima]

Oh dear lord I hadn't even though about smoking ect ;~;

[sasquatchii]

I don't think people who are into visual novels here would mind so much, but of the game was a commercial game that was insanely popular and the 16 year old was doing naughty adult type things, I could see some people making a fuss about it.

A lot of people here are outraged that Japan hasn't made x-rated comics and videogames featuring "children" illegal.

[curry nochi rice]

I remember having my "I.T. Code of Ethics " class questioning me about hentai being childporn or not..... I was quick (without thinking) to comment that the majority of mainstream hentai heroines are at least 18... or minors doing things with other minors. welp.

[Asceai]

Characters in games do things that are illegal all the time. You can kill a lot of people in GTA even though there's no minimum age at which murder becomes permissible, and there's no culture in which mass murder is less of a crime than underage sex.

Western countries are oddly weird about sex and oddly lenient about violence, though. Slap on the 'all characters are over 18' disclaimer, no matter how absurd it is, and never mention it in your story again.

[LVUER]

One thing for sure, legal age varies from country to country. I heard Japan's legal age is only 13, while most western countries are 16 or 17. And the reaction, again, would varies from countries to countries. Like in my country, even if the age of consent is 17, a mature content (in any media) can cause an uproar... And it seems many people married below age 17 (and it's okay). There's even someone who married with children younger than 13 here... and with several children too...

So yeah, that's kind of the world we're living in.

Western countries are oddly weird about sex and oddly lenient about violence, though. Slap on the 'all characters are over 18' disclaimer, no matter how absurd it is, and never mention it in your story again.

Agree on that. One thing I'm always wonder about. On the other hand, it seems Japan is lenient on everything...

[Rinima]

Agree on that. One thing I'm always wonder about. On the other hand, it seems Japan is lenient on everything...

But guns.

[PyTom]

I remember having my "I.T. Code of Ethics " class questioning me about hentai being childporn or not..... I was quick (without thinking) to comment that the majority of mainstream hentai heroines are at least 18... or minors doing things with other minors. welp.

Even if the characters were meant to be under age - and they sometimes are - it's not.

They're characters, the products of an artist's paintbrush and a writer's keyboard, not people. And so laws that are mean to apply to people shouldn't apply.

(This is an opinion as to the way the universe should be, and not legal advice. Laws vary from country to country and planet to planet.)

[LVUER]

And don't forget the almighty "All characters depicted are 18 and older"

See that loli characters? Look like a 8 years old grade schooler? Nope, you're wrong. She's a 18 years old girl who enroll in special education class for those who looks younger than they actually are ;P

[blankd]

Most of the issues tend to stem not necessarily the character's ages themselves, but the concepts that might spawn from it.

It's partially a matter of integrity since depictions of (graphic) sex is often a slippery slope for porn and a question of content merit. Depicting minors in sexual acts is a controversial for various reasons, fictional or not there is certainly a problem in the US when it comes to sexualization of minors and a constant worry that predators don't need any kind of encouragement even if that is not the intent of the material.

Drinking and smoking are often considered more lenient consumption subjects since it is typically more easy to show their cause and effect on the person that consumes them (the US for example is also more willing to talk about these drugs than sex, so that could also be factor).

Age of consent is not the same as age of depiction and I think that's a very big difference that ought to be kept in mind. (It's also the same reason why often actors are over 18 despite playing characters who may be younger in a work if that movie chooses to depict sex or more sexual content with those characters.)

Of course it's sometimes just better to just have everyone be 18+ when it comes to that kind of content or to err on the more conservative side when depicting it since it is far easier to pitch a more accessible "censored" work than it is for stuff that could very easily be seen as niche/fetish.

Bear in mind you don't have to do this but each artistic choice in a story should hold up to scrutiny since they ARE choices you have made. If you are REALLY worried about the ratings you could try to parse what the MPAA says about this kind of content.

[Taleweaver]

There are several countries in the world where it's absolutely illegal to depict people who don't look like adults in sexually explicit situations. In some, it doesn't even matter whether these people are real or fictional, filmed/photographed or drawn, and if they're real people, it may not even matter if they're above legal age as long as they LOOK younger. If you're 21 but look 15, works featuring you may be considered child porn. Ridiculous, but "da law".

If you live in a country where it's legal to depict underage people in sexual activities, though, don't be afraid to write the stories you want to write. Your stories may not find the same appeal in other countries, and your works may even be banned in other countries. But that sort of thing happens. (Think Vladimir Nabokov, think Salman Rushdie - heck, think J.D. Salinger.)

[TrickWithAKnife]

I heard Japan's legal age is only 13

Correct, but misleading. Each area has its own rules, but I think standard for sex is 18 years.

This means if you see a student in Japanese media performing a sexual act, it's probably drawn child pornography. Decide for yourself if child pornography is ok.

[JD_Mortal]

This is in NO WAY, any form of legal advice. However, the information below is provided for further study and research. (That is my disclaimer.)

You should think about having a "standard disclaimer", or simply do not state ages, if you think it may be an issue.

However, "creative works of art", which are fictitious in nature, are not quite bound to "mortal laws". However, you, or your readers may be limited in "what is portrayed", in some locations.

The legal age of consent, for most things, in most places, is 16 years of age. Though, while under parental-control, there is another law that extends "consent", to include the parents. (Thus a stipulation to the law, related to "statutory rape", which is not actually rape in most cases, but just a parental disagreement with any sexual activity with that "individual" and the one they have "parental-control" over. This is not "written in the law", but that is how it is handled in reality.)

In the USA, 16 is considered "legal to consent", except where the above is taken into consideration. In some states, they attempt to defend 18, but anyone who actually fights it, usually wins. (This includes individuals who are NOT "under parental-control".)

Even still, because the "acts" do actually happen to individuals of lower ages, with or without consent, they are considered "real". Some places do not like portrayal of these actions, considering them to be "lewdly pornographic", even when not actually pornographic in portrayal. In the "movie" industry, you are actually allowed to portray certain situations, with the proper "guidance and supervision", actually including the "not of legal age" individual in simulated situations. (The movie "lolita" is just one example.)

When it comes to artistic freedom, there is a strong hypocritical stance. You can simulate mass-murder of children/teens, beating children/teens, torturing children/teens, but not rape or "naturalism" (nudity). Though, most portrayals are often just given a warning, unless they are derived from the USA. They will ask you to stop distribution, or include disclaimers about "strong sexual content" or "sexual content for mature audiences". Which then leaves the "burden" on the viewer of the content, if they chose to continue viewing it, at that point.

Things to consider, when writing... To avoid this stuff...

1: Do not state ages. (You can imply age, without stating it. If you state it, you are stating it for a reason of identification. "They are adult midgets", "They are young"... looking, but of legal age.)
2: Do not state origins. (If you localize and identify with specific reality, you are doing it for the purpose of identification. "They are dreams", "They are from Mars".)
3: Do not state genetics. (This is the standard cop-out that most take. "They are aliens", "They are vampires", "They are robots".)
4: Admit to horrible depiction. (You have horrible scale, bad with numbers, poor writing skills, and/or you got the characters mixed-up. It was a type-o.)

Above all, you have to remember that these are just "thoughts", and not "actions", and it is rarely ever a crime to "think about a criminal act or portray one", only "committing actual crimes, or instructing others to do so". If the above things are not stated, as identification, then it is the person who is "questioning you", who is the only one guilty of "thinking those things". Because they are the ones "filling-in" that missing information, which is not stated.

By the way, the "most read book", by 15/16-year-old girls in America, at the moment, is still "50 shades of grey".

Further general research: Legal age of concent

[SundownKid]

IIRC, 18 is the typical "it's okay to have sexual content" age. Usually mature rated sites and games have 18+ warnings on them.

16 might be technically legal to consent but it's pushing it for a game unless there is a good plot centric reason for it.

Anything younger than 16 would be underage and it would be illegal to have a visual depiction of it (I think).