“If he’s outside that age, he would have to go to a therapist, who would have to give a declaration to be able to sue and explain to a judge why he has mental health issues that are just coming up now,” Wallin explains. An exception to this rule is that if the alleged victim doesn’t realize they were harmed until after their maturity, they have three years from that date of recognition.
NIRVANA NEVERMIND COVER BASED ON CODE
Wallin also brings up California’s Statute of Limitations on Sex Crimes and, more specifically, the Code of Civil Procedure 340.1, which states that people who were victims of a sex crime as a child have eight years after they become adults at 18 to file a complaint. “This is absolutely not a valid case of child pornography,” says Paul Wallin of Wallin & Klarich, which has specialized in sex crimes for 35 years. And I think it’s pretty clear that’s not the purpose.” What’s going to be at issue here is whether this album cover incites the lustful interest, sexual stimulation, or gratification of the viewer. “It has to appeal to the viewer’s prurient interest.
“The case is likely going to be dismissed,” says criminal defense attorney Matthew Matejcek of Beles & Beles, pointing to the Department of Justice’s definition of child pornography. I’ve had quite a few a-ha moments in my late twenties - and my likeness was not part of a marketing for what’s now considered one of the greatest rock albums of all time.) (I, too, was born in 1991, and my therapist, who I started seeing in 2019, has helped me recognize that there’s trauma from my childhood that I brushed off as insignificant. That baby is now a grown man: Spencer Elden, now 30, filed a lawsuit this week alleging that the Nevermind cover constitutes child pornography. Psychologically speaking, he has every right to feel overwhelmed by conflicting emotions a person’s prefrontal cortex isn’t fully developed until age 25, and post-1991 developments like social media have also helped to destigmatize discussion of mental health. And a lot has changed since 1991, when Nirvana shot the album cover for Nevermind, the sophomore album that catapulted the band into superstardom - and whose image of a baby is now the subject of a lawsuit from that very baby.
It’s not uncommon for people to rethink experiences from their early life.
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