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Legal considerations and story tags

The Horse With No Name 🚫

Browsing the main page I came across a recently updated story tagged as incest between cousins.

That got me thinking. Over here in Germany, marriage is permitted between first cousins, so it wouldn't fit the legal definition of incest.

That leads to the next question: What is the guideline for selecting tags? If I write a story that takes place in Europe, where such a relationship is not unlawful, do I still need to apply the tag?

There are even more serious considerations coming from that. For instance the age of consent varies from country to country. For instance in most European countries sexual contact between an 18 year old and a 14 year old would be perfectly legal as long as there is no abuse or coercion involved, while in other countries it is considered statutory rape.

So what exactly is the 'guiding light' here? Do we all have to consult American law or do we go by what the law is where the story takes place?

Dominions Son 🚫

@The Horse With No Name

That got me thinking. Over here in Germany, marriage is permitted between first cousins, so it wouldn't fit the legal definition of incest.

None of the tags are based on legal definitions of what is unlawful conduct.

Take the rape tag as an example. The SOL tag is defined in a way that is limited to rape by use of violence. In most US jurisdictions, the legal definition of rape is much broader.

LupusDei 🚫

@The Horse With No Name

Tags have nothing to do with legality and such. What they are for is information for prospective readers who:

a) want to avoid certain kinds of content;
b) want to find certain kinds of content.

While a) b) goals do overlap to a large extent there's border cases where there's a conflict: how not enrage squicked people while not under-promising niche fans?

Like, if you center your whole story on sexual relationships between cousins and not tag for it you will get one-bommbed from orbit not only by people offended by cousin relationships but possibly by people with strict expectations of tag usage in general too.

Contrary, if you have some support cast cousins fucking off-screen as mentioned in passing once in a dialogue somewhere, as an allegation, but still include the tag just in case, or out of perverse need to tag every sexuality even adjacently related, or some other misconception about tags (such as linking them to legal matters), you will get disappointed readers who had read the whole thing just in hopes on hot cousin porn.

But perhaps worse, people who has relevant category exclusions in place would never even see your story eventhough most likely majority would probably be perfectly okay to disregard that little bit. In addition, some people disregard stories for having too many tags as that's often sign of "everything and a kitchen sink" porn they're not interested in.

The Horse With No Name 🚫

@LupusDei

That sounds like a veritable mine field, especially if you have different stories in a shared universe, but not of the same tag-configuration.

Replies:   LupusDei
LupusDei 🚫
Updated:

@The Horse With No Name

If you read forum discussions about tag use going back years (there's uncountably many) that indeed *is* the overarching conclusion.

Replies:   LupusDei
LupusDei 🚫

@LupusDei

Cousin incest is unlikely to be of such controversial energy, but look for discussions on use of tags such as "rape".

There's genuinely people who may get re-traumatised just by reading about it.

So, tag every mention? Local consensus is apparently, no, you should not. You only should if it has certain level of prominence... in your own judgment and relatively to the story as a whole, unless the passage has the aforementioned risk on it's own.

People apparently do agonize upon tag selection at length, weighing multiple pro- and con- manifolds and sometimes even resort to per-capter warning disclaimers instead.

Replies:   tendertouch
tendertouch 🚫

@LupusDei

Cousin incest is unlikely to be of such controversial energy, but look for discussions on use of tags such as "rape".

Right. I went through this for Charley and Claire. I originally tagged it for rape, but it never felt quite right as the rape in question isn't described in much detail and only covers one paragraph. But it can be traumatizing, so what to do? In the end, I used a generic caution tag with a note in the description to see the forward. There I mention that the reader can skip that one paragraph, knowing what happens, but I didn't feel right not having it.

No one has complained since. I think if they did I'd change it back, though. I can appreciate triggers.

Replies:   Vincent Berg
Vincent Berg 🚫

@tendertouch

That's how I typically treat those sorts of things. Better mentioning it, but no sense making it a bigger thing than it actually is, as again, overhyping something will anger everyone, not just a single aggravated cluster of readers.

So, given the negative response to Rape stories, it's better to use it as a discussion point (in the abstract), unless you're whole point IS attracting those with a rape-kink (which is typically most who do post such stories).

Vincent Berg 🚫

@LupusDei

The rule of thumb, is you list the most relevant tags, not the most literal. So, if an incestuous wouldn't draw a lot of readers, or more specifically, if it happens off screen or even it's a minor scene, then it's often best to not bother listing it, as again, the tag is more likely to cost you readers than it is to gain any.

That's especially true for off-screen encounters, as that's mostly rumor anyway, even if admitted by the people involved, so there's really nothing to object to. As in such instances, they're discussing a reverent event in their lives with NO purient interest to anyone.

So, underreport minor scenes, list the MAJOR squicks (as they'll cost you the most readers), but include the tags which will also draw in the most readers (i.e. always prioritize your codes, so you list the most relevant first, listing the least used last. So, if you have a single partial gay scene, that is not a major squick factor, as it's easy enough to simply skip entirely. Though in my case, I prefer listing any squicks at the top of the chapter, so readers know what they're getting in the chapter, and can thus prepare for it before encountering it.

Pete Fox 🚫

@LupusDei

I laugh every time I read about a shocked or offended reader whoo saw somethingthey didnt like. This is an adult story site, deal with it. Go buy an adult book on Amazon with noo tags and see what happens.

awnlee jawking 🚫

@The Horse With No Name

Over here in Germany, marriage is permitted between first cousins, so it wouldn't fit the legal definition of incest.

In the UK too, but it's still incest in the consanguinity meaning. Despite the extra danger of genetically-derived damage to offspring, some NHS activists actively promote it as a way of preserving family legacies.

AJ

Replies:   Vincent Berg
Vincent Berg 🚫

@awnlee jawking

In most cases, those situations apply equally to non-genetic family members (step-children, adoptees or custody arrangements), as they are living together and are thus active family members, whether they're physically related to anyone or not.

Joe_Bondi_Beach 🚫
Updated:

@The Horse With No Name

That got me thinking. Over here in Germany, marriage is permitted between first cousins, so it wouldn't fit the legal definition of incest.

In California incest is defined as penis in vagina between persons with whatever family degree is prohibited. (Can't remember if anal intercourse is covered.)

This is apart from coercion, rape, abuse or any other crime that the action may involve.

So, short of vaginal intercourse your happy cousins or anyone else can go wild and, in legal terms in this state, it's not incest.

Which only proves the value of what others have pointed out here: tags are not legal definitions. If most people consider it incest, it's incest.

~ JBB

samt26 🚫

@The Horse With No Name

That is difficult, in American law legality usually depends on how rich you are.

Replies:   jimq2
jimq2 🚫

@samt26

Not necessarily, Ask Epstein.

Replies:   Millie Dynamite
Millie Dynamite 🚫

@jimq2

Epstein amounted to a cult of rich folk in a sex trafficking ring. They got away with it for decades; even after they were caught, it continued for another decade-plus. We haven't gotten into the weeds; no additional arrests have happened. I'm not sure any more will ever be actually learned. They sanitized the files, blacking out names, acts, and the depth of involvement of those million/billionaries. One (this one) can only hope those wealthy bastards pay something for their sins.

Only in England has anyone paid any price. Following intense public and legal pressure, King Charles III stripped his brother of all his royal titles and his status as a prince in October 2025. He was also evicted from his Royal Lodge residence. Following intense public and legal pressure, King Charles III stripped his brother of all his royal titles and his status as a prince in October 2025. He was also evicted from his Royal Lodge residence. Andrew was also implicated in a civil lawsuit by Epstein accuser Virginia Giuffre, who alleged he sexually abused her when she was 17. He paid a multimillion-dollar out-of-court settlement to Giuffre in 2022 without admitting liability.

But all seems lost when even he is currently free, has not been charged with a crime, and strongly denies all allegations of wrongdoing, despite abundant evidence that he's guilty.

Grey Wolf 🚫

@The Horse With No Name

I've always found this interesting, because characters in my story have discussed (repeatedly) the possibility of incest (by the legal definition in their state). Were they to 'cross the line', the story would not be tagged 'incest', because they are not blood-related. Both are adopted and (as far as anyone knows) have different birth parents.

But they consider themselves brother and sister and, to them (and their parents) it would be incest. And it would be illegal, regardless of age and consent, as long as they're in the state they live in.

Replies:   Crumbly Writer
Crumbly Writer 🚫

@Grey Wolf

The bottom line, in most cases, is that in America, it's entirely a State's Rights issue, not a national one. Now crossing lines while doing it (i.e. driving the cousin your having sex with could end up with you both in jail, under a Federal incest charge of involuntary (underaged) coercion, where the penalties are much stricter.

But mostly, the focus is because it's a popular campaign issue, so every politician will rant about what a scourge it is in society, pushing for new laws, then they forget about it, once elected, yet the laws passed (in anticipating of their upcoming reelection) remain in place forever after that.

Pete Fox 🚫

@The Horse With No Name

The tags are just a hook for readers. I would prefer not to tag at all. For me tags spoil the surprise inside.

Replies:   tendertouch
tendertouch 🚫

@Pete Fox

I would prefer not to tag at all. For me tags spoil the surprise inside.

To each their own, I suppose. When I see a description that says that the author skipped tags so as to not spoil the surprise, I just skip the story.

If I find an author has omitted an important (in my opinion) tag, I usually contact the author. Sometimes it's a legitimate mistake (e.g. I started reading Oil of Roses, then found out it's a D/s story. The author thought it was tagged that way, and fixed it right up.) If the author stands by their tagging, they go into my exclude list.

Replies:   Grey Wolf
Grey Wolf 🚫

@tendertouch

Tags are a lot of things. Warning, advertisement, and so forth.

But, for the purpose of this comment, they're at Chekov's Gun. If the story is tagged 'rape', a rape must happen. If it's not tagged 'rape', a rape must not happen.

For a long story, that means the reader may be reading hundreds of pages thinking, 'Wait! Which character is getting raped? By whom? Is it here? Here? Here?'

There's an obvious cost to that. But there's also an obvious cost to not tagging it and losing readers, either on the grounds you have or because someone is sensitive to rape scenes and potentially traumatized by one turning up unexpectedly.

I have a serious, 'trigger-warning-worthy' event in Book 1 of my story. It's not within the tag system. My solution was to 1) tag the story 'caution' and 2) add a note saying 'something bad happens soon - if you're sensitive, either send me your triggers and I'll tell you if it's one, or ask and I'll send just you a trigger-word summary'.

I received a couple of inquiries and warned them. Most people were blindsided, and happy the surprise was preserved.

If there's a point, it's this: I think it's reasonable to say 'I omitted some tags so as to not spoil the surprise' if the author is responsive and will disclose the tags upon request. It's not ideal, but it's a solution that respects both readers who don't want certain content and also respects readers who want to be surprised. But, of course, it's also reasonable to not read such stories for whatever reason.

Ezzy 🚫

@The Horse With No Name

The only tag I can think of that could possibly affect someone is the TRUE STORY tag.

Not sure how it would work in various courts around the world, but if you claim a story is true and the story contains activities that are illegal where you live it would seem to be an issue.

This is because international treaties and such that govern what is and is not say, child pornography are based on harm to an actual child. In written fiction, this can never be the case, there is a character, not a child. Unless, of course, the author claims the story is TRUE. Then, all bets are off and that tag may or may not be used against them.

Replies:   Grey Wolf
Grey Wolf 🚫

@Ezzy

There are countries where fiction works are against the law on child pornography grounds even without harm to an actual child. Canada, where SoL is based, was one of those countries, and the law as written still covers works of fiction.

However, there was a court ruling invalidating parts of that law in 2020 (see https://globalnews.ca/news/7359407/quebec-court-acquits-author-declares-part-of-child-pornography-law-invalid/). With those provisions struck, most SoL content is likely fine. I'm not sure if 'true story' would affect that, honestly, since the use of the tag could itself be a lie.

Note that, per the ruling (as explained in the article, anyway), if a fiction work 'advocated' or 'counseled' sex with underaged persons, it might still be criminal in Canada. Exactly what it takes to do that, I don't know.

Replies:   Dominions Son
Dominions Son 🚫

@Grey Wolf

I'm not sure if 'true story' would affect that, honestly, since the use of the tag could itself be a lie.

I've seen true story used on things that aren't remotely plausible in the real world.

Replies:   Grey Wolf  TheDarkKnight
Grey Wolf 🚫

@Dominions Son

True. Some quick category searching finds 'True Story' crossed with things like 'Futanari'.

The 'True Story' tag in Category Search seems broken (ignored). The 'True Story' genre works. But they're not the same. I'll ping Lazeez about the bug.

Replies:   Dominions Son
Dominions Son 🚫

@Grey Wolf

'True Story' crossed with things like 'Futanari'.

See my comment in the other thread. True Story And Futanari worked for me. The only combination I've tested that didn't work for my is True Story and High Fantasy.

TheDarkKnight 🚫

@Dominions Son

I would like to see a "semi-true" tag. A lot of my stories, especially my early ones, begin with real events in my life. When I get to the point where I've always wondered what would have happened if I said this, or if she had done that - well, there's a story.

Dominions Son 🚫

@TheDarkKnight

When I get to the point where I've always wondered what would have happened if I said this, or if she had done that - well, there's a story.

My $0.02: It would still have to be something real world plausible to even qualify as semi-true.

Michael Loucks 🚫

@TheDarkKnight

When I get to the point where I've always wondered what would have happened if I said this, or if she had done that - well, there's a story.

This is exactly the case with A Well-Lived Life. The further into the story, the further 'I wonder…' takes over.

jimq2 🚫

@The Horse With No Name

I remember reading one with the "True Story" tag where they were driving an RV and had breakfast in New York City, lunch in Chicago (almost 800 miles and it takes over an hour just to get out of NYC), dinner in Denver (1000+ miles), and stopped for the night in LA (1000+ miles). Yeah right!!!

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