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Incite child

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Pregnantandscared

Member since
April 2021

140 posts

Posted Mon February 7, 2022 12:37pmReport post

So last week my partner was charged. 10 months in and we believed it would be sexual communication with a decoy but the charges they have all brought are incite a child into penetrative sexual activity (they discussed masturbation on two occasions within a chat).



im devastated, all I see for cases with these charges is custodial. There was no other iioc, no intent to meet and it's the only communication they have.



can anyone who's through this tell me if they got suspended or anything other than custodial for this?

we have magistrates end of this month with crown at end of March we hope.

Pregnantandscared

Member since
April 2021

140 posts

Posted Mon February 7, 2022 5:33pmReport post

Two conversations with same decoy - once talking about fingering herself and the other discussing what sex would be like. They've put both down as inciting child into penetrative sexual activity.



As charges only happened last week we are still waiting to see the evidence from CPS and decide if charges are right x

Pregnantandscared

Member since
April 2021

140 posts

Posted Mon February 7, 2022 5:51pmReport post

4 days between the chat. The conversation as a whole was across 3 weeks, all started by the decoy (not that it matters).

we've got 5 character references, letter from safer lives, letter from StopSO therapist that he still works with, letter of accountability from him to the judge/court and I've done a full safety plan (which SS have said is perfect) and two courses including Inform course. It's been almost a year since the offending and he's followed every bail condition to the letter.



Just have to hope it counts for something x

Edited Mon February 7, 2022 5:53pm

Pregnantandscared

Member since
April 2021

140 posts

Posted Mon February 7, 2022 10:02pmReport post

Yeah we've got a really good barrister so firmly believing in her. Doesn't make it any less scary or anxious though.



For the incitement charge, all I ever see is custodial sentences. Which we are desperate to avoid. Our daughter isn't even one and she will miss him so much x

BaffledB

Member since
July 2021

874 posts

Posted Tue February 8, 2022 9:32amReport post

Hey Pregnant,

Don't forget it's ATTEMPT to incite (you may have been looking at sentences for actual) and also ask your solicitor to really look at the wording of the chats. Incite suggests using directives so it really depends on context and wording of the chat. It really is very stressful but they will throw absolutely everything they can to try and obtain as many charges as possible, hopefully there may be points to get something dropped. Try not to look at other people's charges/sentences because everyone's conversations will be different and there's so many factors which determine outcome. Sending hugs xx

Feelsick

Member since
September 2021

60 posts

Posted Tue February 8, 2022 9:54amReport post

Sorry can I just clarify something please..

So what they have got arrested for they haven't been charged with.. they've been charged with something else??

This seems really strange to how other arrears work xx

Pregnantandscared

Member since
April 2021

140 posts

Posted Tue February 8, 2022 11:19amReport post

Thanks Lee and Baffled. We are paid not legal aid and we have a great specialist solictor and barrister, although it's absolutely drained our savings.



Yes all the charges are attempts but like you say I don't know if the judges will take that into account.



And yes Feel Sick, he was arrested for attempted sexual communication. They have since gone for more serious charges based on what was within that chat. But like Lee and Baffled say, we're waiting for CPS to share the evidence so we can see if those charges are right x

BaffledB

Member since
July 2021

874 posts

Posted Tue February 8, 2022 11:59amReport post

It's such a sticky ground because I genuinely believe in some cases that the men don't truly believe they are speaking to real children but that's going off on a tangent and very hard to get around with the law! Please call the CPS from the number on the charges and request they send the evidence to your solicitor ASAP, it should be available from when the charges are placed. We had ours for a good 15 days before the Magistrates hearing and it would've been sooner if it hadn't been just before Xmas, the solicitor photocopied the evidence for us too to go through as well. Xx