Legal Question about Backstories

[BartPS]

Games have a disclaimer along the lines of "All characters depicted in this game are over the age of 18."

While I have no intention of even hinting at under-age sex, I would like to show backstories of some characters that do eventually have sex once they have come of age. One similar example that comes to mind is "Lilith's Longing", so I guess this must be OK (assuming the author checked), but just to be more precise, could I clarify with: "All characters depicted in this game that are engaged in sexual activity are over the age of 18"?

 

[mickydoo]

If you render an under game character in a porn game, you best not use anything except a fleeting image of them, and then try and make it just for lolz. If you start harping on for 20 mins and 100 renders about Amy and Cindy at junior high you are looking for trouble, even if they don't engage in any sexual content what so ever. Think of your game as an xxx rated movie, you never see flashbacks in them.

The girl in Lilith's Longing is pushing the loli trolley a bit close to to the line as it is, if you started using a character like her and making out she is under 18 (even though she is not part of the smut) that's where it can be precieved you crossing the line. It just could cause trouble that I personally would rather avoid.

 

[anne O'nymous]

[...] but just to be more precise, could I clarify with: "All characters depicted in this game that are engaged in sexual activity are over the age of 18"?

Since even the original sentence don't really have a legal value, you can write whatever you want, it will change nothing. Those are disclaimers, nothing more, exactly like a "don't try this at home" or a "don't do this without the supervision of an adult". The reason such disclaimers exist is just to protect you against the charge of incitement to do something illegal or dangerous. Yet it would works only if really you aren't trying to incite/promote it.
By example, a kid show that would depict people jumping in a pool from a roof, could have all the "don't try this at home" they want. If they put funny music, have glitter everywhere and all those people are laughing, telling how fun it is, the disclaimers will not be enough.

 

[BartPS]

Hmm... Thanks to both of you. A lot of food for thought there. I would have liked to show a couple of scenes from a long-standing relationship just to increase the emotional impact when it finally morphs into a sexual one.

I guess the sensible compromise is to keep any flashback scenes short.