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KiK storage?

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Annamarie

Member since
December 2021

74 posts

Posted Wed January 19, 2022 6:23amReport post

Good morning all. I'm hoping someone may be able to answer a question that is nagging at me and I can't find a straight answer online.

I would like to know, if you are sent images on KIK, open some, don't open others, will this class as possession of iioc. The phone that was used was an apple iPhone. No images were purposely stored apparently. Will the phone do that automatically?

I still don't know how I feel about all this but am at least trying to get a sense of what legal repercussions there may be. I know I can't know for certain before police decide but its driving me mad.

If anyone has experience or understanding of what happens with this app I would be grateful for input, I hadn't even heard of it before joing this forum.

Many thanks

BaffledB

Member since
July 2021

874 posts

Posted Wed January 19, 2022 8:49amReport post

Hey,

My partner hasn't had the Kik conversation pulled from his phone, only Police screenshots so I assume they haven't managed to retrieve evidence from his phone. In the Police statements they say the decoy sent a photo but this hasn't been retrieved either. They also said it is POSSIBLY my partner. It's a bit complicated in our case because they're also saying he video called the decoy but my partner has never had a Skype account and the name is absolutely nothing like he would ever use. My partner deleted the Kik app quite a while ago so not sure if this makes it more difficult for Police to recover stuff. It's a minefield! Xx

minzaal

Member since
October 2021

44 posts

Posted Wed January 19, 2022 12:55pmReport post

If a third party sends you an unsolicited image and you delete it,you be not guilty of "making" or "possession".

If,however you keep it,you will probably be guilty of both offences.

Phones have a solid state hard drive and deleted images will not be "cached" or recoverable if deleted.

Edited Wed January 19, 2022 12:57pm

Annamarie

Member since
December 2021

74 posts

Posted Wed January 19, 2022 4:39pmReport post

Thank you all for responses. I'm thinking that maybe if I can get as much info as I can of what's to come I may be able to get my head even remotely straight.



Best to all x

Annamarie

Member since
December 2021

74 posts

Posted Wed January 19, 2022 5:22pmReport post

Dear Lee1969

Yes that makes total sense. All the wondering ans waiting is driving me insane. When he does tell me things I'm not 100% sure if I can trust it anyway. My brain doesn't stop going round and round in circles.

Today he has blind sided me by saying it was men and WOMEN involved in these chats. That has sickened me more than anything else so far. I know it happens but women doing this too doesn't seem real, I don't know why my reaction has been so strong. I just always felt distrustful towards men but never women.

It is strange to hope there are no pics for the police to find. I feel as if I should want him sent to prison but my children not having to know the truth and being treated differently is my number 1 priority now.

ScaredLamb

Member since
May 2021

199 posts

Posted Wed January 19, 2022 10:14pmReport post

BaffledB

just jumping on the video chat element as this is very similar to what's happening with my hubby. I believe you can video chat from within Kik so wouldn't need to be a Skype app. Do you think that is where it could have come from?
In our case hubby attempted video chat but didn't connect so need to see what happens with that.

Annamarie

Member since
December 2021

74 posts

Posted Thu January 20, 2022 6:44amReport post

Dear lee1969

I don't know exactly the wording of the charge. He was arrested for discussing and being sent iioc, through these messages he said he had done things to our children. This is complete lies and fantasy, neither of my children have ever felt anything inappropriate from him, my daughter is well old enough for me to trust her word. Someone in 1 of these messages said they had done something to their own children and he said "me too", I believe it was the police. He never sent nor saved any images. He claims they were all cat c but there were others that he didn't open so he's not sure what they were.

That all seems a bit vague doesn't it? I'm still trying to get to the bottom of it.

BaffledB

Member since
July 2021

874 posts

Posted Thu January 20, 2022 9:33amReport post

Hey ScaredLamb,

It says Skype in the evidence along with a username for it which is totally different so it's very confusing. There was also mention of this person saying they lived somewhere different which is odd. Initially the Police asked me if he had any tattoos which he doesn't so I found that to be an odd question and immediately suspected they may have some wires crossed. My partner was also shown a photo of someone else in the interview and when he said it wasn't him the Police were adamant it was. My partner isn't white, some people have issues with differentiating people of colour but it's worrying if the Police can't! I guess all of these weird aspects will be picked up throughout the next process of building a case for trial. Personally, from what I've seen so far it's all conjecture so I'm hoping it gets dropped but I won't hold my breath. Xx

BaffledB

Member since
July 2021

874 posts

Posted Thu January 20, 2022 10:40amReport post

That's absolutely awful Lee, it really does make you wonder how they can be in such an important job when they can't even work out simple things! How they can make such obscene allegations without solid evidence is beyond me. Let alone the way they handle it. Xx

Bitterbean

Member since
December 2021

633 posts

Posted Thu January 20, 2022 12:23pmReport post

Post deleted by user


Edited Tue November 7, 2023 9:47pm

BaffledB

Member since
July 2021

874 posts

Posted Thu January 20, 2022 3:24pmReport post

I totally agree Bitterbean. It's atrocious how people are treated before a verdict has even been reached. I watched a sting on TikTok yesterday which was being livestreamed and it was horrendous how the guy was treated, he had such obvious lack of understanding and was definitely mentally impaired and the way he was spoken to was disgusting, the vigilantes commented on his personal hygiene following pictures which had been sent from him and they were telling him he needed to admit to the police what he had done because they had that much evidence he will get found guilty. You would think the Police would be better and more composed but one officer actually called my partner a n**ce and told me he would groom me and all sorts. It would definitely be interesting to see how many people who have pleaded guilty would actually be found guilty or even reach trial if they had pleaded not guilty and the evidence was further scrutinised!

Summer

Member since
July 2019

394 posts

Posted Thu January 20, 2022 7:53pmReport post

Baffled

our story's sound similar, how long has your journey been?

BaffledB

Member since
July 2021

874 posts

Posted Thu January 20, 2022 9:58pmReport post

Hey Summer,

It started in March last year, arrested and released under investigation, charged in December and Magistrates plea hearing was this week where he pleaded not guilty. Xx

Summer

Member since
July 2019

394 posts

Posted Thu January 20, 2022 10:13pmReport post

Baffled, I'm pleased your partner said not guilty as I beleive people just say guilty to get on with it and get it over even if thier not! Has he seen all of the evidence police have not been forthcoming with it all, and doesn't match, surely they should have a file all sorted which can prove the guilt before they even come knocking and turn our lives upside down.

Edited Fri January 21, 2022 7:39am

GZ

Member since
December 2021

164 posts

Posted Thu January 20, 2022 10:47pmReport post

We had our plea hearing this week as well, entered a no plea due to evidence. Our solicitors are hoping the CPS will drop 3 of the 5 charges as the evidence they have is a memory card which is registered in someone else's name and has been accessed on a different phone network to the one we have. We really don't want to go to trial so hoping they drop it but also trying to prepare for the worst

Annamarie

Member since
December 2021

74 posts

Posted Fri January 21, 2022 6:53amReport post

My husband didn't have a solicitor with him when questioned. He admitted the conversations amd sharing 1 image of an 18 year old. Should he get a solicitor now or wait till he is called back? How would he even get a solicitor at the moment? He certainly isn't in a position to pay for 1 as he has hardly been to work amd seems to be having a breakdown.

Thank you for any advice x

GZ

Member since
December 2021

164 posts

Posted Fri January 21, 2022 7:07amReport post

My husband used the duty solicitor for the police station interviews but after these he was not interested and just kept advising him to plead guilty to it all. We have paid for a solicitor for court, we couldn't get legal aid for the magistrates as we changed to late but it only cost us £420. When it goes to crown we can apply for legal aid. When we were phoning solicitors they were all asking what the charges were and the court date

GZ

Member since
December 2021

164 posts

Posted Fri January 21, 2022 8:30amReport post

Sorry I didn't explain it well, we have a solicitor it's just not the one he had at the police station. The new solicitors are really good and found the discrepencies in the evidence and advised my husband what to do. All he had to do was go into court and say who he was and the solicitor said he couldn't plea and the judge agreed. He has to go back in 3 weeks and the cps are looking at the charges and evidence again.
we had a meeting with the solicitors after court to apply for legal aid as it is now going to the crown court-we couldn't get legal aid for magistrates but we only had to pay £420 for our solicitors and the work they did.

Annamarie

Member since
December 2021

74 posts

Posted Fri January 21, 2022 11:04amReport post

He was due to go back to police Station on 15th December. They extended the bail. They told me it would be about 8 weeks before he will be called back as they are still looking at his phone. My children have both been interviewed, my daughter is 19 and very upfront that if anything had ever happened she would take this opportunity to say it. My son is 12 and has been spoken to 3 times by social services at school and they have no concerns.

So should he somehow get a solicitor now or does he just wait till he goes back amd use the duty solicitor? I'm just so confused. If anyone knows what to do, please speak to me like I'm an idiot as that is the level my brain is on right now.

Many thanks to all x

Annamarie

Member since
December 2021

74 posts

Posted Fri January 21, 2022 3:50pmReport post

Thank you for taking the time to respond Lee1969.

They told me about 8 weeks. After reading on here I'm thinking they will probably extend it again. As for legal aid or paying...I don't know. Its costing him basically everything he earns to keep us and his temporary home paid for. I don't know if you need to earn a minimum amount to qualify for legal aid or if there are certain restrictions. Do I just call each solicitors office and ask if they provide legal aid?

Thank you again for response x

Annamarie

Member since
December 2021

74 posts

Posted Sat January 22, 2022 9:38amReport post

Thank you so much Lee1969! X

Rick7516

Member since
May 2022

78 posts

Posted Mon May 2, 2022 11:36amReport post

Do messages from kik stay on your phone if they did you would have to have loads of memory I would think

BaffledB

Member since
July 2021

874 posts

Posted Tue May 3, 2022 2:28pmReport post

Once Kik is deleted/account deleted from the phone the conversations cannot be recovered but not sure about images and especially if they were saved/automatically saved into your phone.

Rick7516

Member since
May 2022

78 posts

Posted Tue May 3, 2022 2:44pmReport post

OK after a good bit of googling still can't get to the crooks of it really but if youve got an android phone and say you use it alot watching YouTube etc files get overwritten as for iPhone it's a bit different and it does depend on storage capacity and like lee1969 said what sort of phone better the phone more chance of stuff staying on ....say if you watch youtube it does download but not the whole video just fragments of it other wise you would soon have no memory ie no files left for anything else so even if you delete the app some data will be on your phone but if you have long deleted it and you use your phone for watching things like youtube etc quite alot they will get overwritten at some point the smaller the memory the sooner they get overwritten...I'm not saying I'm 100 percent right but I don't think I'm too far off

Daffodil

Member since
March 2022

965 posts

Posted Tue May 3, 2022 3:06pmReport post

Post deleted


Edited Tue October 24, 2023 9:12am