
Recently, the actor and actress (Leonard Whiting and Olivia Hussey) filed a lawsuit against Paramount Pictures, over sexual harassment and "the sexual exploitation of a child" for the nude scene (s), when they were 16 and 15 respectively. It is widely known that the film contains actual nudity of minors, but there is debate about whether or not the label of "child sexual abuse material" can be retroactively applied to a film from 55 years ago, considering it was not seen as such back then and the two are in their 70s, plus the director of the film died in 2019.
In a purely legal sense, it would only be considered "child sexual abuse material" if it has no artistic value (it does, since it is a culturally-significant film) and "appeals purely to the prurient interest", but that's kind of irrelevant. The more important matter is whether or not the public would now see it as "child sexual abuse", since the sexualization of underage youth in any capacity is seen by today's society as "exploitation", regardless of circumstance, time period or intent. As in, there is no situation where "depiction of a child" and "provocative" are acceptable, even as a method of critique--a lesson the film Cuties learned the hard way.
What do you think? Does this film now count as child exploitation material?
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