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So after 9 months after the knock, the police has finally come back to the solicitor.
They have found 1 Cat A image, 1 cat C and 240 images of extreme pornography.
After he was positive that they would not find anything, well, they did.
He has to go to the police station on Monday and the evidence has now gone to CPC.
The solicitor reckons the worse should be a 2 year suspended sentence and comunity service, since its his first time and he has done a lot of work.
I'm just numb and don't thrust this solicitor much.
Any advise about this? Is the solicitor right in your knowledge?
Thanks all.
They have found 1 Cat A image, 1 cat C and 240 images of extreme pornography.
After he was positive that they would not find anything, well, they did.
He has to go to the police station on Monday and the evidence has now gone to CPC.
The solicitor reckons the worse should be a 2 year suspended sentence and comunity service, since its his first time and he has done a lot of work.
I'm just numb and don't thrust this solicitor much.
Any advise about this? Is the solicitor right in your knowledge?
Thanks all.
Morning Green,
Sorry you find yourself here x
The solicitor have guidelines but at the end of the day it is all down to the Judge's decision on the day
The prosecution can say what they think but it's the barrister who has to give any mitigation etc then the decision is for the Judge to give and no one else
Many on here say prepare for the worst and if it's not custodial but suspended then that's a better outcome
Has he started to work on himself as in therapy, courses etc to understand what led him on this horrendous journey?
How are you coping, do you have support?
xx
Sorry you find yourself here x
The solicitor have guidelines but at the end of the day it is all down to the Judge's decision on the day
The prosecution can say what they think but it's the barrister who has to give any mitigation etc then the decision is for the Judge to give and no one else
Many on here say prepare for the worst and if it's not custodial but suspended then that's a better outcome
Has he started to work on himself as in therapy, courses etc to understand what led him on this horrendous journey?
How are you coping, do you have support?
xx
Hi Green,
I'm sorry you've had that disappointment. Perhaps there is something the solicitor can do to argue against the images? Maybe some of them could be dropped? I do find it hard to fully understand what they class as A,B,C and also the extreme pornography. My partner had 3 videos come up on his check which had come from a Whatsapp group apparently classed as extreme pornography but the charges didn't stick and although I found them minging they weren't something that I would ever have considered to be illegal! Are they things that have been sent to him or did he download/view them? Xx
I'm sorry you've had that disappointment. Perhaps there is something the solicitor can do to argue against the images? Maybe some of them could be dropped? I do find it hard to fully understand what they class as A,B,C and also the extreme pornography. My partner had 3 videos come up on his check which had come from a Whatsapp group apparently classed as extreme pornography but the charges didn't stick and although I found them minging they weren't something that I would ever have considered to be illegal! Are they things that have been sent to him or did he download/view them? Xx
Upset mum, yes he has. He's been seeing a therapist once a week recommended by here since the knock and has adhered to the bail conditions religiously. Social Services have no concerns about our kids either and closed the case ages ago, pending on police results.
About support, well. I'm completely alone as obviously I can't tell my friends and I cut ties with my family years ago as I myself am a survivor and my mum decided to stay with my abuser. He was the one that gave me strength to do that so him doing this is a kick on me like nothing, but I'm taking it one day at a time with therapy, antidepressants, exercise, you name it. All I can do.
Baffled, he hasn't a clue. He has been addicted to porn for years and it was affecting our marriage as he was getting quite extreme at times, but I just brushed it off as differences. I know he was into BDSM and he's adamant he has not voluntarily seen minors however the reason for the knock was a supposedly jokey conversation he was having about swaping me with a minor.
So who knows.
The solicitor advise is just to plead guilty, show remorse and show all his work, but I don't understand how can he say to do that when he hasn't seen the file yet. Seems he's giving up before even starting.
I'm just numb from all this, but need to fight for my kids as I'm all they have.
About support, well. I'm completely alone as obviously I can't tell my friends and I cut ties with my family years ago as I myself am a survivor and my mum decided to stay with my abuser. He was the one that gave me strength to do that so him doing this is a kick on me like nothing, but I'm taking it one day at a time with therapy, antidepressants, exercise, you name it. All I can do.
Baffled, he hasn't a clue. He has been addicted to porn for years and it was affecting our marriage as he was getting quite extreme at times, but I just brushed it off as differences. I know he was into BDSM and he's adamant he has not voluntarily seen minors however the reason for the knock was a supposedly jokey conversation he was having about swaping me with a minor.
So who knows.
The solicitor advise is just to plead guilty, show remorse and show all his work, but I don't understand how can he say to do that when he hasn't seen the file yet. Seems he's giving up before even starting.
I'm just numb from all this, but need to fight for my kids as I'm all they have.
Oh bless you, what a nightmare! To be fair with it being just the one in two categories it would be a fair assumption to believe he hadn't purposely sought it or realised it was underage. As for the extreme pornography I believe it is opinion because it states something about it being deemed as gross or something along those lines, I think squ*rting porn is classed as extreme because it is believed to be urine which is ridiculous as it is a natural bodily function for some. I would definitely look for another solicitor, if he's saying go guilty before even looking at the evidence, that's unacceptable. Another user on here, had the original images taken from 40 to 20 after questioning them so it just shows that they don't always have it right first time round. Xx
So sorry you are going through this and from your own personal situation it's just awful
You have gone through so much and sound so strong xx
Sending hugs xx
You have gone through so much and sound so strong xx
Sending hugs xx
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I've actually spent some of my afternoon on the CPS website looking into the classification of extreme porn and I'm still no clearer. It has to fit 4 criteria to be classed as extreme and in one part of the criteria it lists "threat to life", well strangling is a threat to life but is highly fetishised across the internet so that's a bit of a blanket criteria. It also says that it doesn't matter if the person has it for sexual gratification purposes or not it's still illegal. There was also a case in 2016 which a man was sent 3 unsolicited videos involving an animal in a group chat and he was prosecuted. It's just flipping ridiculous. It did state something about not being aware of law too which I have taken as if you can prove you didn't know it was a crime then perhaps you can use it as a defence? I'm not sure, reading stuff on the CPS website is sometimes like trying to read upside down!
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I just don't understand how it's fair, of course it's wrong to look at some stuff and I'm sure common sense would tell you iioc is illegal and most people wouldn't look for it but other stuff - I remember animal stuff being sent around as jokes when I was in high school (I didn't take part I found it sickening) but although I found it disturbing I never knew it was illegal. I think it's unfair to prosecute people if they aren't aware that it's illegal and especially not if it involves unsolicited images, that's just absurd. If it's illegal to be sent them then what's the protocol to deal with it if it happens? Report it to the Police and have your phone confiscated for months to have all of your intimate information looked at by a stranger? I literally would have no idea what to do if I randomly received an extreme image on Whatsapp from a random number other than delete it but then deleting stuff is also seen as though you're trying to hide things. It's all daft to me. They've tried to put everything in black or white without considering there are many different colours!
Thanks all for your answers, really means a lot.
After some pushing from my part, he has changed solicitors as I truly do not trust the one he has now.
He does not answer calls or calls back, brushes him away too much and it's just overall sloppy.
The new firm seems more reassuring and will take the case from Monday and will look at the file.
I genuinely hope they can do something to reduce the amount, but there's nothing I can do, besides praying to calm my mind.
This is trauma at its best. I just hope, that like in the past, I'm strong enough to survive it.
After some pushing from my part, he has changed solicitors as I truly do not trust the one he has now.
He does not answer calls or calls back, brushes him away too much and it's just overall sloppy.
The new firm seems more reassuring and will take the case from Monday and will look at the file.
I genuinely hope they can do something to reduce the amount, but there's nothing I can do, besides praying to calm my mind.
This is trauma at its best. I just hope, that like in the past, I'm strong enough to survive it.
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Green that's great news, I'm glad the new solicitor seems positive because we all need a bit of positivity on this journey!
Bitterbean, I totally agree, why is such a serious crime whereby you can end up on the register etc. not spoken about more? Like you say, low hanging fruit! I imagine a good percentage of the population have something on their phone deemed as illegal and have no idea.
Bitterbean, I totally agree, why is such a serious crime whereby you can end up on the register etc. not spoken about more? Like you say, low hanging fruit! I imagine a good percentage of the population have something on their phone deemed as illegal and have no idea.
Baffled it did occur to me that it would be an interesting project to examine say, 100 random phones and laptops and see how many of them contained illegal material that the owners knew nothing about - but as a piece of research, it's a non starter because as the law stands, if any was found the the researcher would be legally obliged to report itand the police would arrest and prosecute the owner...
Yes that would be a brilliant piece of work, particularly for younger people. I think they really need to take a step back and look at the laws to protect regular people from falling foul of it. My partner is lucky that the CPS declined to charge for 3 extreme things he was sent unsolicited (which in my opinion I would've just thought they were a bit grim and poor humour) or he'd have images on top of a horrificly put together case for communication against him making him look and sound like a bad person when he is far from it. It all makes me very angry.
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Bitterbean,
My husband was charged for a small number of images sent through in a lads WhatsApp group. There were beastiality videos on there which were classified as cat B. He was charged with possession, as well as 'making' due to images/videos being opened and therefore downloaded through WhatsApp. He was advised to plead guilty as the police had retrieved deleted images and so his solicitor said there really wasn't a case for him to fight it. We were absolutely devastated, he had to plead guilty even though he felt that nothing in that group could be classified as illegal. Incidentally nobody else in the group was charged even though I've heard the person responsible for the beastiality stuff is quite happy to laugh about how he got away with it Scott free. It really does concern me that such material us so subjective and dependent upon that persons opinion. Our judge was brilliant and reclassified in court but I know this certainly won't be the case for everyone x
My husband was charged for a small number of images sent through in a lads WhatsApp group. There were beastiality videos on there which were classified as cat B. He was charged with possession, as well as 'making' due to images/videos being opened and therefore downloaded through WhatsApp. He was advised to plead guilty as the police had retrieved deleted images and so his solicitor said there really wasn't a case for him to fight it. We were absolutely devastated, he had to plead guilty even though he felt that nothing in that group could be classified as illegal. Incidentally nobody else in the group was charged even though I've heard the person responsible for the beastiality stuff is quite happy to laugh about how he got away with it Scott free. It really does concern me that such material us so subjective and dependent upon that persons opinion. Our judge was brilliant and reclassified in court but I know this certainly won't be the case for everyone x
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Yeah if they plead guilty and do these courses they seem to get let off, person I know got off without even community service for more pics in A and B!! Just 5 years on the register and probabtion, so admitting not guilty would probs get a much worse sentence.