Communication with a child(police decoy) also sexual intent?
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I now know that family member has a charge of communicating with child and sexual intent. I can't find alot on what exactly sexual intent means? Will he definitely go to prison? The person he met when due to be charged in court said he should always bring a bag incase he gets prison. It was postponed as a mentle assessment as not been done yet.
Does intent mean the conversation intent on sexual or he intended to follow up and explore more and meet?
Sorry I'm not used to all the terms.
Does intent mean the conversation intent on sexual or he intended to follow up and explore more and meet?
Sorry I'm not used to all the terms.
Hi Dollydoo
The Sexual Offences Act 2003 sets out that Communication with a child is:
Someone over the age of 18 commits an offence if they intentionally communicate with a person who is under 16 (and does not reasonably believe they are over 16) for the purpose of obtaining sexual gratification.
So "with intent" means it wasn't accidental. They did it purposefully. Not necessarily to meet up but with an intent to have a sexual conversation.
If found guilty it does carry a custodial sentence of a maximum of 2 years in Crown Court. If it stays in the magistrates, the custodial sentence would be less (not sure what their maximum is) and/or they could be fined.
Does that help?
The Sexual Offences Act 2003 sets out that Communication with a child is:
Someone over the age of 18 commits an offence if they intentionally communicate with a person who is under 16 (and does not reasonably believe they are over 16) for the purpose of obtaining sexual gratification.
So "with intent" means it wasn't accidental. They did it purposefully. Not necessarily to meet up but with an intent to have a sexual conversation.
If found guilty it does carry a custodial sentence of a maximum of 2 years in Crown Court. If it stays in the magistrates, the custodial sentence would be less (not sure what their maximum is) and/or they could be fined.
Does that help?
I have been told that if its a first time offence then its likely to be a suspended sentence. Still like them to take a bag of clothes to show they are willing to accept this fate if given. As it was a police decoy, the time goes down as a child was not actually involved. And if he pleades guilty and does things to show he is sorry like counselling and meetings then again the length of the sentence is reduced. X
my son got 30 months for the same offence of the same nature.we also had mental health reportrs and were waiting a physhrtic report.
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It's important to remember that communication is a different offence to facilitating or inciting. Although all three of these involve communication of some sort, the sentences are very different.
Depending what was said in the conversation, the cps may charge for the more serious offences. If there is no evidence of either inciting, or of arranging and facilitating, then they will go with the less serious offence of communication.
The maxiumum sentence for communcation alone is only 2 years, so you might expect to get less than that in reality. This makes a suspended sentence a genuine possibility.
But if the communication involved either inciting or arranging and facilitating, then the maxiumum sentence is 13 years. A big difference, especialy since they don't treat decoys differently to real children anymore. This means a custodial is much more likely.
There is a complicated system for working out the sentences, which you can find here.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-or-inciting-sexual-exploitation-of-a-child/
Depending what was said in the conversation, the cps may charge for the more serious offences. If there is no evidence of either inciting, or of arranging and facilitating, then they will go with the less serious offence of communication.
The maxiumum sentence for communcation alone is only 2 years, so you might expect to get less than that in reality. This makes a suspended sentence a genuine possibility.
But if the communication involved either inciting or arranging and facilitating, then the maxiumum sentence is 13 years. A big difference, especialy since they don't treat decoys differently to real children anymore. This means a custodial is much more likely.
There is a complicated system for working out the sentences, which you can find here.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-or-inciting-sexual-exploitation-of-a-child/
Thank you for replying and I keep looking at the replies they are really helpful. He is very flakey at what hes being charged for as now hear its intent on meeting , He has 2 charges communication and sexual intent of meeting up. Its all very worrying and I'm sure we all feel the same , it's very helpful reading all the stories although I'm not really good at using the forum properly I'm not Internet savy. He goes back to court September weather or not he's had mental assessments.