Family and Friends Forum

Ren

Member since
January 2020

78 posts

Posted Wed March 4, 2020 11:59amReport post

Is viewing iioc a separate charge to downloading iioc? And if so does that mean the police had no evidence of my husband watching to iico? So didnt charge him on that one?

Maunsell

Member since
March 2020

31 posts

Posted Wed March 4, 2020 1:55pmReport post

Read my post under "false hope" in the discussion and support section.Also search for solicitors who specialise in this,They have some interesting information which the police and "others" will not tell you,including mitigating circumstances.

majestictopaz15

Member since
December 2019

371 posts

Posted Wed March 4, 2020 8:22pmReport post

My understanding is that they press charges when they have enough evidence. So perhaps you are right that they could not prove viewing. But downloading is deemed a form of 'making' iioc and I think has a longer maximum penalty. Best to ask the solicitor since they will be provided info on the evidence found.

Ren

Member since
January 2020

78 posts

Posted Thu March 5, 2020 10:15amReport post

Thanks ladies he has already been sentenced but I thought I read somewhere on here that viewing was a separate charge. I am just sick of people assuming the worst of my hubby he didnt intentionally download the iioc.

SallyBlue

Member since
March 2019

252 posts

Posted Thu March 5, 2020 3:27pmReport post

Unfortunately images dont need to be viewed to be classed as possession. If you have it there, even unopened, it's still there. Wording does not help eith as it can also be named as making or allowing images to be taken. It could be a file sent to someone but those in possession can be charged with making it. X

majestictopaz15

Member since
December 2019

371 posts

Posted Thu March 5, 2020 5:41pmReport post

I have seen some posts say that people have downloaded porn and got random unknown attached files (like a virus). If this is the case then the law needs to reflect that there incidents of unintentional possession. Unless the police have a way to figure this out already. Either way it is shocking to think there are people out there placing these files on others devices!



I agree the wording of charges is strange. My partner downloaded files and the twit made a folder which could have been accessed elsewhere (like a sharing site) tho thankfully no one opened it. But his charge is making and distribution. But what bothers me is the term making. It implies he made raw material. They should chnage the wording to downloading (laws can be so out of touch).

Ren

Member since
January 2020

78 posts

Posted Thu March 5, 2020 6:54pmReport post

I totally agree about the wording makes me feel sick. Just glad they didnt word it like that in the newspaper.

I am just getting fed up now on how I am being treated by people. It's just frustrating. I know I shouldn't have to defend my husband but if I could just say he wasnt charged with viewing iioc that may change people's views on the situation.

Maunsell

Member since
March 2020

31 posts

Posted Thu March 5, 2020 10:24pmReport post

"Their" definition is different to the dictionarydefinition.They have all the cards.

Maunsell

Member since
March 2020

31 posts

Posted Fri March 6, 2020 8:09pmReport post

It is a catch all,heads they win,tails you lose.

Andrea

Member since
September 2018

181 posts

Posted Fri March 6, 2020 10:08pmReport post

Post deleted by user


Edited Mon May 3, 2021 6:15am

SallyBlue

Member since
March 2019

252 posts

Posted Sun March 8, 2020 4:28pmReport post

Making is also used when images are forwarded on. If an image was on your file share network such as KIK it is said to be making or distributing. X

Sjp88

Member since
October 2019

26 posts

Posted Tue March 10, 2020 6:46amReport post

I asked someone in PPU what the difference was between making and possessing and they gave me a really good explanation of why making is different.



When you download or copy a file, a new file has come into existence. Whereas with a paper photograph you own it (posess), give it to someone else (you distribute and they now posess) and still only one photograph exists.



When you save an image from a webpage or something like that - the original file exists in one location and you now have a new file wherever you have saved it which means now there are two copies of that image which could then from there could potentially be copied again and again and again contributing to the further proliferation of that material and further victimisation of the child.



So I can see why there is a difference BUT the terminology desperately needs to be changed. When my ex-husband's case was in the media most recently and he had charges for making (the 4 previous times in court and the media was just for posession) I started getting messages from the world and his wife asking if my children are ok and angling at "did he abuse your kids" - so that upset me a lot because the kids have to grow up being side-eyed by our community enough for "your Dad's a pedo" without the things people are imagining happening.



It is the only time I have ever defended my ex. I basically replied "what he has done is deplorable and he has betrayed and ruined the lives of his family. I am relieved to say that our children weren't involved and police have confirmed he took no photos or videos of children himself but is charged with downloading (making a computer file) and posession so other children have suffered due to him which is awful"