Rape Board - Free rape pictures and videos - View Single Post - This Is The Incident That Sent Max Hardcore To Prison

Renegade · 09-02-2009, 05:44 AM

Just a couple thoughts on the Max Hardcore controversy and this thread:

First - I've seen the video but admit to skipping through most of it. Not a big Max fan myself. Most of his stuff seems very formula driven and holds little interest after the first minute or two. I know that his scenes get very intense/abusive but nothing compared to some bdsm material that's out there. Further, this looked pretty much like most of his other scenes so the actress must have had some idea what was going to be involved. I've also notice in some of his videos, they use hidden safe "signals" to break a scene or not (e.g. the actress is holding on to her heels). The fact the actress in this case said "I got to stop" may have been part of the scene as opposed to her wanting to stop. I've heard him use that expression "stay in the scene" in other videos to encourage an actress along. I can't judge. Only the actress can say whether or not she felt she was unable to stop. I don't believe she ever made an allegation as to rape or other criminal behavior. I would give good odds that if the federal prosecutors thought they could have nailed Max on a "rape" charge, they would have gone after that with red tooth and claw. Either way, it was not charges of "rape" or dressing an adult woman as a teen (which the Supreme Court has deemed not illegal) which resulted in a conviction.

Max was convicted on "distribution" of obscenity charges. The distribution occured over the internet and by mail. Can't confirm this but I believe it is the only obscenity conviction for a non-child porn case in the last 8 years. What is even more shocking about this case is that Max's company only produced the videos. Another company was responsible for distribution. Prosecutors in Tampa had postal inspectors order the videos through a third party distributors and not "Maxworld". They then went after Max saying he should have known that the distributor would be selling videos into a city that would deem the material as obscene using local community standards.

So let's think about this for a minute: First, Maxworld doesnt sell the videos to people in Tampa but he get's convicted for distribution. Second, the definition used to convict is based on "local community standards" as defined by 12 random jurors. So the justice system assembles 12 public citizens in a room and makes them watch these videos. Then each juror has to voice their opinion as to whether or not they felt it was "obscene"? Can you imagine any scenario there wouldnt be a conviction? (Even in a city like Tampa which has a thriving Adult Industry). And finally it should be mentioned that the videos were not sold for commercial display. They were only meant for people to enjoy them in the privacy of their own homes! So much for the gov't not intruding into our bedrooms.

Some people on the board link a "conviction" against Max to question whether the video should be available or if doing so puts the board at legal risk. They are missing the bigger point. EVERY video link posted on this board would likely be deemed "obscene" using the "community standards" method at least in Tampa and I would imagine quite a few jurisdictions beyond. Also EVERY person who has shared a download link could very well be deemed a "distributor" particularly given the very loose definition as applied to Maxworld. You may find the video in poor taste (I do) and loath Max as a person (I do), but we should all feel a chill at what happened to him. The procedures used were so ill defined and capricious, it could envelop just about anyone who enjoys adult entertainment - kinky or not.

You can read more about the case here:

http://www2.tbo.com/content/2008/jun...in-obscenity-/

09-02-2009, 05:44 AM	#12
Renegade Banned Join Date: Apr 2007 Posts: 218 Reputation: 3800	Just a couple thoughts on the Max Hardcore controversy and this thread: First - I've seen the video but admit to skipping through most of it. Not a big Max fan myself. Most of his stuff seems very formula driven and holds little interest after the first minute or two. I know that his scenes get very intense/abusive but nothing compared to some bdsm material that's out there. Further, this looked pretty much like most of his other scenes so the actress must have had some idea what was going to be involved. I've also notice in some of his videos, they use hidden safe "signals" to break a scene or not (e.g. the actress is holding on to her heels). The fact the actress in this case said "I got to stop" may have been part of the scene as opposed to her wanting to stop. I've heard him use that expression "stay in the scene" in other videos to encourage an actress along. I can't judge. Only the actress can say whether or not she felt she was unable to stop. I don't believe she ever made an allegation as to rape or other criminal behavior. I would give good odds that if the federal prosecutors thought they could have nailed Max on a "rape" charge, they would have gone after that with red tooth and claw. Either way, it was not charges of "rape" or dressing an adult woman as a teen (which the Supreme Court has deemed not illegal) which resulted in a conviction. Max was convicted on "distribution" of obscenity charges. The distribution occured over the internet and by mail. Can't confirm this but I believe it is the only obscenity conviction for a non-child porn case in the last 8 years. What is even more shocking about this case is that Max's company only produced the videos. Another company was responsible for distribution. Prosecutors in Tampa had postal inspectors order the videos through a third party distributors and not "Maxworld". They then went after Max saying he should have known that the distributor would be selling videos into a city that would deem the material as obscene using local community standards. So let's think about this for a minute: First, Maxworld doesnt sell the videos to people in Tampa but he get's convicted for distribution. Second, the definition used to convict is based on "local community standards" as defined by 12 random jurors. So the justice system assembles 12 public citizens in a room and makes them watch these videos. Then each juror has to voice their opinion as to whether or not they felt it was "obscene"? Can you imagine any scenario there wouldnt be a conviction? (Even in a city like Tampa which has a thriving Adult Industry). And finally it should be mentioned that the videos were not sold for commercial display. They were only meant for people to enjoy them in the privacy of their own homes! So much for the gov't not intruding into our bedrooms. Some people on the board link a "conviction" against Max to question whether the video should be available or if doing so puts the board at legal risk. They are missing the bigger point. EVERY video link posted on this board would likely be deemed "obscene" using the "community standards" method at least in Tampa and I would imagine quite a few jurisdictions beyond. Also EVERY person who has shared a download link could very well be deemed a "distributor" particularly given the very loose definition as applied to Maxworld. You may find the video in poor taste (I do) and loath Max as a person (I do), but we should all feel a chill at what happened to him. The procedures used were so ill defined and capricious, it could envelop just about anyone who enjoys adult entertainment - kinky or not. You can read more about the case here: http://www2.tbo.com/content/2008/jun...in-obscenity-/ Last edited by Renegade; 09-02-2009 at 06:07 AM.