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SHPO Conditions (unsolicited iioc)

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Hannah88

Member since
June 2021

3 posts

Posted Sun June 27, 2021 10:22amReport post

I hope someone else has had a similar situation to me but my partner was arrested for an iioc offence in late 2019 and released under investigation. This was a massive shock as he is a good honest person. When he returned from the station he was understandably distraught and explained that he was sent unsolicited pictures via an app he found referenced on a well-known NSFW forum website.

I know my partner and I know he wouldn't have gone looking for iioc, he has been so apologetic/remorseful, he has undertaken therapy and has explained multiple times how his addicition to adult images was a crutch from a previous abusive relationship, which I can somewhat understand. After hearing people at work talk about a popular website, this then led him to try it and there he found a link to an app where people swap adult pictures. After adding a few contacts, he received around 4 iioc and immediately reported the users and deleted the app. Unfortunately this wasn't enough to stop legal proceedings.

After a long painful wait and very little updates, we have just now (2021) been informed he is being charged and its likely to go to crown court. His job involves a lot of work with electrical equipment that has access to the internet. We're not sure what to expect with sentencing or repercussions, I understand it is a serious issue and needs to be dealt with accordingly but our solicitor has said it is a very minimal amount and the fact there are no search terms and no intent shown should help our case. However, we are still facing the very real possibility of living with an SHPO for 5 years+ whatever the outcome.

We have read that in a lot of cases they will hit you with a blanket SHPO and then you have to fight against the unfair or oppressive elements. For example, if they say he can't use any device with access to the internet, he will never work again unless he completely changes his career (I know this might just be unavoidable). Every role seems to use a computer these days so it just seems impossible to imagine a future and would completely cripple us before we've even had a chance to start a family or live our lives.

Has anyone else had a similar experience or any situation where you have managed to change the conditions of an SHPO? Can you live with an unspent conviction?

This has completely turned our world upside down but my partner has done everything in his power to change his behaviour and mindset. Everywhere I have turned for support has treated me as if he is in denial or I am stupid for believing him. I honestly think this could happen to anyone who is curious about adult images online and I don't think 'normal' adult images should be so freely available, let alone anything else.

I would really appreciate hearing any stories from anyone who has been in a similar situation. His solicitor seems positive as he has a lot of mitigating factors going for him but I am very pessimistic because of the attitude of the police, we have been treated poorly from day one. Thank you for reading, please be kind in your response.

majestictopaz

Member since
December 2019

499 posts

Posted Mon June 28, 2021 8:33pmReport post

My partner has a suspended sentence and ten year SHPO. His states he cannot access the internet from an unauthorized device. He has to log all devices with the police he has available to him, including router, and these must be available to the police to check.

So he is allowed access to the internet and on his laptop has a monitoring software, the phone software to be added at some point. I think there are different clauses for the SHPO depending on risk and the case itself. My partner works with access to the internet, it is no issue for him.

Edited Mon June 28, 2021 8:33pm

Zack

Member since
July 2019

74 posts

Posted Wed June 30, 2021 10:05amReport post

From what you say, its sounds like he has a good case. They have to prove the mens rea. Search terms, going back to the site afterwards etc would aid a prosecution. My partner had a low amount of images and a good case, but he ended up in prison, and didn't advance his defence. He plead guilty though, as he believed that would make prison unlikely and reduce the amount of press exposure.

I'm saying, don't for a minute think that the justice system will be proportional or look for the truth. They will word things to look as damning as possible, and it's likely the investigtor will look for evidence of guilt, and not anything that shows innocence or aid a defence. The wording in my partners reports was ambiguous at best, with some fairly big contradictions. Missing pages, and details of a witness that was to do with a different case. Neither my partners solicitor not the judge seem to take any notice of this.

This case shows how even a police officer who knows how the system works, didn't want to see the content, and had the best defence money could buy, ends up with such a conviction:

https://www.theguardian.com/uk-news/2021/feb/18/ex-police-chief-loses-appeal-over-child-abuse-video-on-phone

Talk early with a solicitor about SHPO. My partners was changed after the fact to allow internet use at work without reporting such devices.

Hannah88

Member since
June 2021

3 posts

Posted Thu July 1, 2021 11:15amReport post

Thanks all for your responses, I'm trying not to let myself be too positive and I understand they will try and paint him in a negative/guilty light. I just hope that they take everything into consideration, especially as we have strong character witness statements, proof of his therapy and a lot of evidence to show his good character.

I do think the system is extremely flawed and outdated, we've already waited 2 years so it would be like being punished for 7 years if given a 5 year SHPO etc. I'm sorry to hear you've had a bad experience Zack. Do you think there was some reason in particular they received a prison sentance? Don't worry if you don't want to say.

I'm just scared my partner will end up with a prison sentance from what you have said, I was trying to keep myself positive by thinking surely they couldn't possibly send him to prison for such a minimal amount of images over a short space of time, plus he has already shown remorse and willing to rehabilitate. He has one count of distribution which I think might be our downfall, he said he doesn't remember this and can only attribute that to his phone glitching or being in shock and pressing a lot of things at once to try and get off the app. (I did see his old phone do this numerous times).

It's just all such a mess and we've got no support. No one educates you on what you should do if you do receive an iioc. It seems like even if you get sent anything out of the blue for any reason, you are imediately implicated and guilty in the eyes of the law. I don't know what to expect, no one can give us any kind of clue on the outcome (our solicitor has been quite blunt and non-responsive so far) and I'm so scared we will lose our house, our careers, our friends, our family - all for one silly mistake where he didn't even ask or have any intention to find iioc.