How much does it matter if images were all deleted?
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So my (probably soon to be ex) husband was brought in several months ago for possession of IIOC and has since been released on bail. He has admitted to a porn addiction, but swears up & down that one person sent him one file of images which he didn't want, instantly deleted & never tried to retrieve, and that all this happened several months before the police showed up. He claims it shocked him into deleting the bloody app (yes kik) and police will likewise find that its been deleted. He says this is all forensics will find & that his search history will be completely clear. He claims to have deleted it as soon as he realised what it was, so claims not to know what was in all of them, but says what he did briefly see was teen & Cat C. I'm very painfully aware he could be lying or at least minimising. On the one hand trust is completely broken between us, on the other he knows forensics will find what there is to find.....BUT, if he is telling the truth, has anyone similar experience of a case with a small number of deleted images? Everyone on here seems to be discussing cases with 'live' ones. His solicitor seems to think it would make a difference, but he might well still get a caution or conviction.
Hi
My OH had 3 IIOC, he also had the kik app which was deleted. The Iioc where also in a deleted file. He had a 2 year community order and 5 years on the SOR.
It really depends on the judge, no case is treated the same even if they are actually the same.
Anne
My OH had 3 IIOC, he also had the kik app which was deleted. The Iioc where also in a deleted file. He had a 2 year community order and 5 years on the SOR.
It really depends on the judge, no case is treated the same even if they are actually the same.
Anne
We were 5 images deleted immediately also through kik no search history, found as thumbnails police said would need an expert to retrieve them he was found guilt we await sentencing, when will something be done about these apps
Sorry what is this kik????
And my ex made same excuses for having apparently 1or 2 images that he only told me that it was less then 150... after his sentence giventhroughcourtproceedingsie.... him given 2yrs probation.... sex registered10yrs ... but his never bien honest I'm sorry but facts are they get caught up with an all links deleted or not with forensics are found to find things still ....... why they can't be honest save us heartache for this all is their doing but no matter what it's alway us that seems to be doing time..... instead of them because they say it was a one off or they addiction to porn....
But it's not going to be able to get solved if our exists partners etc can't just be honest.....
And my ex made same excuses for having apparently 1or 2 images that he only told me that it was less then 150... after his sentence giventhroughcourtproceedingsie.... him given 2yrs probation.... sex registered10yrs ... but his never bien honest I'm sorry but facts are they get caught up with an all links deleted or not with forensics are found to find things still ....... why they can't be honest save us heartache for this all is their doing but no matter what it's alway us that seems to be doing time..... instead of them because they say it was a one off or they addiction to porn....
But it's not going to be able to get solved if our exists partners etc can't just be honest.....
Kik is a notorious app, which some solicitors say is involved in 50% of all iioc cases. The big problem is that it is full of people sending out spam links, which they can do anonymously. A lot of these links are for webcam porn and other legal stuff, but some contain iioc. So its perfectly possible that the images could have been downloaded 'accidentally', but what does that actually mean?
Kik ceased to be a normal social media app years ago. Nowadays the only people that seem to use it are men who are looking for porn. So the only reason for someone to have kik on their phone is porn. That means the person was probably actively searching for porn. They didn't just download kik accidentally.
Legally, the line between teen porn and iioc is blurred. A search for 'teen porn' could return pictures of 18 or 19 year olds, but it could equally return pictures of 14 or 15 year olds. So when someone clicks on one of these links, they don't know what they are going to get.
Which is why the police check their search history. If the person has been searching for teen or 'barely legal' porn, then when it goes to court, the prosecution will be able to say he was looking for illegal images and the jury may well believe that.
So even if the images were deleted, the persons search history can also convict them. To prove his innocence, or that it was truly accidental, they really need a completely clean search history, with no searches for porn at all and if they were on kik, then what were they doing there in the first place? That's what a jury will be asking themselves.
Kik ceased to be a normal social media app years ago. Nowadays the only people that seem to use it are men who are looking for porn. So the only reason for someone to have kik on their phone is porn. That means the person was probably actively searching for porn. They didn't just download kik accidentally.
Legally, the line between teen porn and iioc is blurred. A search for 'teen porn' could return pictures of 18 or 19 year olds, but it could equally return pictures of 14 or 15 year olds. So when someone clicks on one of these links, they don't know what they are going to get.
Which is why the police check their search history. If the person has been searching for teen or 'barely legal' porn, then when it goes to court, the prosecution will be able to say he was looking for illegal images and the jury may well believe that.
So even if the images were deleted, the persons search history can also convict them. To prove his innocence, or that it was truly accidental, they really need a completely clean search history, with no searches for porn at all and if they were on kik, then what were they doing there in the first place? That's what a jury will be asking themselves.
Hi Edel2020
It baffles me somewhat how searching for "barely legal" could be interpretted as searching for illegal porn. Although worrying in that the searcher must be looking for pictures of young people, doesn't it suggest that they are searching for images that are legal and trying to avoid illegal images?
It's not a great search term and I'm obviously uncomfortable with it but I'm struggling to make the leap to the searcher wanting to find illegal porn. Or am I completely missing the point somehow (and dearly wanting to put my own "innocent" spin on it)?
It baffles me somewhat how searching for "barely legal" could be interpretted as searching for illegal porn. Although worrying in that the searcher must be looking for pictures of young people, doesn't it suggest that they are searching for images that are legal and trying to avoid illegal images?
It's not a great search term and I'm obviously uncomfortable with it but I'm struggling to make the leap to the searcher wanting to find illegal porn. Or am I completely missing the point somehow (and dearly wanting to put my own "innocent" spin on it)?
I guess you have to put yourself in the minds of the jury. At a trial the person will have been found with illegal images on their device and the jury will want to know why those images are there. There must be a reason. He has to prove it was accidental, and the prosecution will try to make this link in the juries minds.
He was looking for images of young girls, so he must be interested in young girls, so thats why there are illegal images on his phone. That's what the majority of a jury may think. Maybe some jurors would give him the benefit of the doubt, but others would not and do you want to take that chance, because if you plead not guilty and lose, you get a harsher sentence.
Some men have successfully used the accidental defence, so it's not impossible to convince a jury, but I would suggest that a search for 'barely legal' porn makes the chances of success much lower.
He was looking for images of young girls, so he must be interested in young girls, so thats why there are illegal images on his phone. That's what the majority of a jury may think. Maybe some jurors would give him the benefit of the doubt, but others would not and do you want to take that chance, because if you plead not guilty and lose, you get a harsher sentence.
Some men have successfully used the accidental defence, so it's not impossible to convince a jury, but I would suggest that a search for 'barely legal' porn makes the chances of success much lower.