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A case that could test the definition of obscenity will be heard next year in a Pittsburgh federal courtroom.The case involves Karen Fletcher, a 54-year-old recluse, who has been indicted by a federal grand jury and will face obscenity charges in connection with a website that featured excerpts of her writings and, for a monthly membership fee, made them available in whole. She is charged with six felony counts for posting detailed fictional accounts of the molestation, torture, and sometimes grizzly murders of children nine years and younger. The stories cited in the case have been removed from the website.U.S. Attorney Mary Beth Buchanan, who announced the charges against Fletcher on September 27, told Associated Press that use of the Internet to distribute "obscene stories like these" not only violates federal law, but also "emboldens sex offenders who would target children." The charges carry a maximum of 30 years in prison and a fine of $1.5 million; but the penalty, should Fletcher be convicted, ultimately would be driven by federal sentencing guidelines.Pat Trueman, special counsel with the Alliance Defense Fund (ADF), says prosecution of Fletcher is justified. He explains that she can be prosecuted regardless if the postings contained any images. "This woman stepped over the line," say Trueman, "and it has always been thought, in federal law, that for an obscenity conviction you do not need pictures or video, but the story line of the book itself can provide the substance of the prosecution."Fletcher claims the writings were therapeutic ways to cope with enduring years of sexual abuse as a child. But the ADF attorney says that is only an excuse and should not have any bearing on the case."The fact is that doesn't give you license to then violate federal laws that are designed protect children from being sexually exploited," says Trueman. "So a woman who was sexually exploited as a child does not have the right to portray the sexual exploitation of children on a website for hire."His assessment agrees with that of Buchanan, who told the Pittsburgh Post-Gazette that the genesis of the stories is "irrelevant" to the federal violation."This material rises to the level of obscenity-and it is dangerous," she stated."Material of this type is the kind that emboldens individuals who have an interest in sexually exploiting children." She added: "It is some of the most disturbing, disgusting, and vile material that I've ever viewed."Fletcher is one of a handful of people who have been prosecuted on obscenity-related charges by the Bush administration. She is to be arraigned on October 17.As in the days of Noah...
