Upcoming trial worries, HELP, please read all.
Notifications OFF
In December 2020, my husband was arrested at our home and his devices seized. There was intelligence from abroad that ‘he’ was sending pictures of school children undressing. (He was a teacher at the time of arrest)
Following this, he was obviously suspended from his job but with full pay.
We went on to welcome twin girls in sep 2021, unbeknown to us that SS were then made aware and involved. So from birth our girls went onto a child protection plan. We remain on this plan now (July 2024).
The current plan involves, him to not live at home, no bathing, no changing nappies ect, no unsupervised contact, we’ve had 3 family members assessed so they have to be the ones who supervise the contact, I am not allowed to because I stayed with my husband and trust him, however I’ve also explained countless amounts of times that I would never ever allow anything to happen to my children.
Since then the NCA have been investigating him and in sept 2022 they decided to charge him with ‘attempting to make indecent images’ no evidence of any photos/videos have ever been found on the multiple devices that were seized and now the evidence they have is nothing to do with that original arrest and charges made have no relevance to what he was arrested for in 2020 (someone abroad saying about images being sent of children), they say that when he’s visited porn sites - between 2016-19, there are links that state indecent wording but also have no evidence he’s even watched these links.
Still quite sure he’s only been under all this scrutiny because he ‘was’ a teacher at that original time of arrest.
Now I’m fed up of being called ‘in denial’ by SS as to be quite frank, there isn’t a doubt in my mind that my husband would ever watch with intent anything indecent regarding children. We met in high school and dated for 3yrs and then mutually decided to split for him to go to uni far away. We then reunited 5years later in 2013, been together this time round for nearly 11yrs now and been married since 2019 and obviously even after this original arrest we chose to have a child, obviously never imagining anything would go on for this long.
On child protection still as SS doesn’t feel a relevant assessment can take place until the outcome of trial has been confirmed. (Been told by a few social workers that they themselves have never known a child protection plan to last this long)
Trial is due to go ahead end of July (less that a fortnight away) although it needs to happen and we want it over, we are so worried about the outcome. On so many levels I’m confident a jury will see it the same way as us, that watching ‘normal’ porn isn’t a crime, and that even if he had ever come across anything indecent he would have clicked away from it.
He’s been for reviews at the court over the last 1.5years a few times and multiple times the barristers and judges have all questioned the wording of the charge ‘attempting to make indecent images’. The NCA have always seemed to be allowed more time to ‘clear things up’.
Has anyone ever come across charges like this? If so what has been the outcome?
If, god forbid they find him guilty somehow, will he be allowed to return home?
SS said an outsider assessment would take place but we are terrified, that we won’t ever be able to have normal family life together. My children are nearly 3 and luckily they don’t have a clue really at the moment but they’re becoming so clever and notice so many little things now and when they wake in the night asking for daddy it is becoming harder and harder to say where he is.
Would he have to be in the SOR for this, if found guilty?
Following this, he was obviously suspended from his job but with full pay.
We went on to welcome twin girls in sep 2021, unbeknown to us that SS were then made aware and involved. So from birth our girls went onto a child protection plan. We remain on this plan now (July 2024).
The current plan involves, him to not live at home, no bathing, no changing nappies ect, no unsupervised contact, we’ve had 3 family members assessed so they have to be the ones who supervise the contact, I am not allowed to because I stayed with my husband and trust him, however I’ve also explained countless amounts of times that I would never ever allow anything to happen to my children.
Since then the NCA have been investigating him and in sept 2022 they decided to charge him with ‘attempting to make indecent images’ no evidence of any photos/videos have ever been found on the multiple devices that were seized and now the evidence they have is nothing to do with that original arrest and charges made have no relevance to what he was arrested for in 2020 (someone abroad saying about images being sent of children), they say that when he’s visited porn sites - between 2016-19, there are links that state indecent wording but also have no evidence he’s even watched these links.
Still quite sure he’s only been under all this scrutiny because he ‘was’ a teacher at that original time of arrest.
Now I’m fed up of being called ‘in denial’ by SS as to be quite frank, there isn’t a doubt in my mind that my husband would ever watch with intent anything indecent regarding children. We met in high school and dated for 3yrs and then mutually decided to split for him to go to uni far away. We then reunited 5years later in 2013, been together this time round for nearly 11yrs now and been married since 2019 and obviously even after this original arrest we chose to have a child, obviously never imagining anything would go on for this long.
On child protection still as SS doesn’t feel a relevant assessment can take place until the outcome of trial has been confirmed. (Been told by a few social workers that they themselves have never known a child protection plan to last this long)
Trial is due to go ahead end of July (less that a fortnight away) although it needs to happen and we want it over, we are so worried about the outcome. On so many levels I’m confident a jury will see it the same way as us, that watching ‘normal’ porn isn’t a crime, and that even if he had ever come across anything indecent he would have clicked away from it.
He’s been for reviews at the court over the last 1.5years a few times and multiple times the barristers and judges have all questioned the wording of the charge ‘attempting to make indecent images’. The NCA have always seemed to be allowed more time to ‘clear things up’.
Has anyone ever come across charges like this? If so what has been the outcome?
If, god forbid they find him guilty somehow, will he be allowed to return home?
SS said an outsider assessment would take place but we are terrified, that we won’t ever be able to have normal family life together. My children are nearly 3 and luckily they don’t have a clue really at the moment but they’re becoming so clever and notice so many little things now and when they wake in the night asking for daddy it is becoming harder and harder to say where he is.
Would he have to be in the SOR for this, if found guilty?
I don't have any experience in this particular area but I just wanted to give you a massive hug. How awful! I'm slightly similar in that my person was arrested 2 years ago, was told the police were 100%, he had all images laid out on his pc with dates, categories etc. Now it's come out that he downloaded a normal film and inside the torrent file was a few 'borderline' images.
The police process seems massively flawed, and they seem to be wasting huge amounts of resources pushing for massive orders on innocent people.
SS being involved for so long must be awful and I completely agree that there never seems to be an end.
Stay strong
The police process seems massively flawed, and they seem to be wasting huge amounts of resources pushing for massive orders on innocent people.
SS being involved for so long must be awful and I completely agree that there never seems to be an end.
Stay strong
I'm so sorry to know you've been dealing with all this for such a long time now. I don't have any experience to give you as my persons offence was communication but I do know how awful the whole journey is and how much it affects all areas of your life.
Please keep reaching out to us as we are all here to support you and to walk this next part of your journey with you.
In answer to your question yes sadly if your person is found guilty he will have to sign the SOR but once you familiarise yourself with the rules it isnt that hard to work with. The one thing I can say is that life won't always be this difficult for you, in time you will find yourself smiling again.
Please keep reaching out to us as we are all here to support you and to walk this next part of your journey with you.
In answer to your question yes sadly if your person is found guilty he will have to sign the SOR but once you familiarise yourself with the rules it isnt that hard to work with. The one thing I can say is that life won't always be this difficult for you, in time you will find yourself smiling again.
Thank you both for replying to me. I'm filled with anxiety about it all. But your replies are so appreciated and I also appreciate your time for reading it all, so much detail has to be given to give you the full story.
Do either of you know...
Is 5yr minimum amount of time of SOR, or can their be less time given by judge?
im curious to find out what the ruling would be of SOR, as I feel we both need to be ready for worst case scenario. is there somewhere to look this up?
Thank you again.
Do either of you know...
Is 5yr minimum amount of time of SOR, or can their be less time given by judge?
im curious to find out what the ruling would be of SOR, as I feel we both need to be ready for worst case scenario. is there somewhere to look this up?
Thank you again.
I don't think there is any offence of attempting to make images. It may be that they are arguing that it comes under the definition of making which is;
"The court’s interpretation of ‘making’ indecent images is broad and the following can amount to making indecent images; opening an email attachment, downloading an indecent image, storing an image, and accessing a website where an indecent image “pops up”.
If they can show that he clicked on a link that he knew from the wording was linking to something illegal, then that might constitute making, but I don't know how they can prove that, if there is no image on the device.
"The court’s interpretation of ‘making’ indecent images is broad and the following can amount to making indecent images; opening an email attachment, downloading an indecent image, storing an image, and accessing a website where an indecent image “pops up”.
If they can show that he clicked on a link that he knew from the wording was linking to something illegal, then that might constitute making, but I don't know how they can prove that, if there is no image on the device.
Edel2020
its like this charge a has been made up just to find a way to charge him with something and not 'give up'.
I've googled everything under the sun to find this wording and as you say it just doesn't exist. Which I think if going to cause complications in trial.
its like this charge a has been made up just to find a way to charge him with something and not 'give up'.
I've googled everything under the sun to find this wording and as you say it just doesn't exist. Which I think if going to cause complications in trial.
Hi, "making images" is a technical term and means the original file has been uploaded, therefore it's been changed so it's been "made". I find it concerning that he is being accused of attempting to make images without the original image. If you phone the helpline they will be able clarify this better than I can. If he's found guilty, SS's probably won't allow him to come home until they've done more assessments and yes, he'll be on the SOR but for how long no one will know until the judge orders it. It seems like a very long time for this to have been going on though even by todays standards. My ex pleaded guilty straight away but we are still waiting to go to court 27 months later. Its all a complicated nightmare and I really feel for you. X
The length of time on the SOR is determined by the sentence. A caution would result in 2 years but the minimum for anything else if 5 years.