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Thoughts after NFA

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hpl111

Member since
November 2022

401 posts

Posted Wed October 2, 2024 12:34pmReport post

So, as I posted yesterday, my husband's case will be NFA (was accused of distributing indecent images on KIK).


The police couldn't find any images.
For us this is wonderful and we're massively relieved.
My husband won't have to go on the SO register, he won't have a SHPO, won't lose his job and we can continue to return to "normality".
We won't be poor and I'm glad that my husband has been truthful with me. He admitted that he saw a very small number of images, but immediately deleted them. This is bad of course, but I was always worried that he was lying to me and that he saw a large quantity. I'm convinced if he had viewed lots of images, the police would have found evidence more easily.
I'm incredible grateful for the support that I got on this forum in the last 2 years and want to thank you all so much. I will still be around to support other people, but I want to log in less (maybe once a week instead of every day).
I think "our" case shows that the police can't restore every deleted image. I see this claim on the forum a lot, but it isn't true. My husband's solicitor said that in 50 % of cases they can, in 50 % of cases they can't.
My husband also admitted the offence in his interview on the day of his arrest.
Despite this, due to the lack of physical evidence, it will be NFA. I think this shows that generally, the police can't proceed with a confession only ( although there might be exceptions).
My husband is incredibly naive - he now thinks that he can "take on" social services so he can have unsupervised time with the kids. I told him not to contact them - I am convinced they will give me hell if I consider allowing my husband unsupervised time with our very young children (one of them is a baby).At the moment my husband can stay and sleep in our house if I supervise him - he's incredibly lucky, because a lot of men have to leave the family home.
I know it's hard for him that he can never take my son anywhere, but at the end of the day he brought this on himself with his behavior (and on us) xx

LosingIt

Member since
September 2024

144 posts

Posted Wed October 2, 2024 2:36pmReport post

Wonderful news, must be such a relief! I wouldn't upset the apple cart with SS at this stage if I were him, they'll leave you alone soon enough if the investigation is over.

I think you're right regarding phone recovery. Solicitor said the same - it all depends on phone brand, model, how long ago the offence was, how often your partner browses, what app the offence was committed on etc.

I hope you're both back to normal soon.

LisaMargeMaggie

Member since
July 2024

109 posts

Posted Wed October 2, 2024 4:07pmReport post

That must be such a relief but I can hear the guarded tone of your post and I think that's how I'd feel too. You may have avoided a conviction, media and all the formality of SOR / SHPO but your husband has work to do in relation to trust. I would hope getting caught is enough to scare him into sorting his behaviour out and seeking help. Sending you a huge hug. I hope I don't sound overly negative xx

Quietlife

Member since
June 2024

44 posts

Posted Wed October 2, 2024 4:49pmReport post

Post deleted by user


Edited Tue October 22, 2024 12:57pm

Sad&Scared

Member since
January 2024

73 posts

Posted Wed October 2, 2024 5:39pmReport post

I'm glad you've got an NFA and that your husband seems to have been honest. My husband's version of events sounds pretty much identical to your's (KIK, small number of unsolicited & instantly deleted images on one occasion). Obviously I don't sadly know if he's telling the truth or not. Its been thirteen months now and he's still waiting on forensics. At least he's acknowledged that he has massive issues with porn / sex and is seeking help via SAA and specialist counselling, but he's still adamant he hasn't been looking at IIOC. Who knows, but your case gives me hope!

Sad&Scared

Member since
January 2024

73 posts

Posted Wed October 2, 2024 5:41pmReport post

Also his solicitor also told us there was a lot of variation re deleted images. It sounds extremely complicated. I doubt there's much reliable detailed info in the public domain as the police are rightly not going to want people knowing the potential weak points in IIOC forensics.

hpl111

Member since
November 2022

401 posts

Posted Wed October 2, 2024 5:54pmReport post

QuietLife, my husband doesn't work with children and in his line of work they only ever ask for a basic DBS. I'm sorry that your husband is going through this xxx

hpl111

Member since
November 2022

401 posts

Posted Wed October 2, 2024 6:40pmReport post

Sad&Scared, I wish you and your husband all the best. It's such an awful time waiting xx

Confusedwife

Member since
October 2022

169 posts

Posted Wed October 2, 2024 7:25pmReport post

Hi,



that's amazing news you got a NFA, your case sounds very similar to ours. Husband on kik, nothing was found and also received a NFA in April.



I was also was worried about ss, they had closed our case when my husband was Rui and told us they'd be back when convicted. We've not heard a single word from them since my husband received a NFA.



the oic rang us to say she had informed ss and they told her they'd closed the case anyway, the oic told my husband to get on with his life as he would of before all of this. So that's exactly what we've done.

hpl111

Member since
November 2022

401 posts

Posted Wed October 2, 2024 7:44pmReport post

confusedwife, I messaged you xx

Lonelyaround5555

Member since
August 2024

25 posts

Posted Wed October 2, 2024 9:50pmReport post

My oh is in the same position over kik answering bail a week Monday. I just wondered so even if they have intelligence from kik and seen the images in question. It will be nfad if devices are clear?

Paris

Member since
April 2021

30 posts

Posted Wed October 2, 2024 9:53pmReport post

Hi Hpl111,



You must be so pleased with that and sorry you had to wait so long. I don't post regularly at all, our knock was over 6 years ago now which is hard to believe. It was also Kik and a small number of images but no arrest and nothing found so is that classed as NFA as no arrest? Partner was adamant he had done nothing wrong and all devices were clean. I would love to volunteer with my kids sports activities but I live in fear of something showing up in background checks. Does anyone know how this works when no arrest was made. I feel stagnant and that I can't move forward.

hpl111

Member since
November 2022

401 posts

Posted Thu October 3, 2024 8:05amReport post

@LonelyAround5555

Yes, I think they need to find copies of the images on the devices. That's also what my husband's solicitor said at the beginning of this journey



@Paris That's weird - did they never give you an outcome of the investigation?

Sad&Scared

Member since
January 2024

73 posts

Posted Thu October 3, 2024 4:45pmReport post

Paris, there was a case on here where a person got NFA and wasn't even told. IIRC they knew nothing till someone rang them asking why he hadn't been in to pick up his devices. He'd just been forgotten about. So worth chasing up, as anything seems possible.

Paris

Member since
April 2021

30 posts

Posted Thu October 3, 2024 7:48pmReport post

The outcome was that all devices were returned to us five months after knock (unannounced visit) and we were told nothing had been found. We had to sign for the devices to say we had received them back. They said we could have had another phone at time (we didn't) or someone could have hacked us , all very wishy washy and seemed to be covering themselves. There was never even a formal interview just some questions the morning of the knock. We are in ROI for context as it may be different here.

We are now left in the position that we don't know if anything would flag up on background checks and are afraid to take the risk as you then have to explain. I feel the punishment will never end and we have been left in limbo forever more. When I did a data request on information held it just said "witness to a search" but would that be disclosed in a background check? If anyone had any knowledge of this or had been in a similar situation I would really appreciate it. It gets me so down.

Distressed and pregnant

Member since
November 2020

1044 posts

Posted Thu October 3, 2024 9:59pmReport post

Hi,

not sure if it's the same in ROI but maybe you could order your own DBS so you'd see if anything flagged xxx

Paris

Member since
April 2021

30 posts

Posted Fri October 4, 2024 9:41amReport post

Hi Distressed,

Unfortunately you cannot apply for your own check it has to come from the organisation you are volunteering with or your employer. As well as convictions any specified information on you can be disclosed but it's very vague as to what that includes. You are given the right to appeal the disclosing of information but this just seems so daunting. As it was our IP address that was initially flagged no one person was a suspect if you like so how does that then work when nothing is found. I think if an arrest has been made it would be much clearer in a way. I just feel like I am being punished for something I did not do. Would anyone have any legal knowledge of this kind of situation

Confused24

Member since
October 2024

4 posts

Posted Tue October 22, 2024 9:08amReport post

Wondering if anyone has had a similar experience. Knock was back in march, came as a shock. Police said ip address was linked to a communication offence and had a warrant for devices. Persons device was seized and were told that if anything is on the device they would need to have a word, if not the device would be returned. They came back around 3 hours later and said there was nothing on it but if it was person to count themselves very lucky because they would have been arrested, phone sent to forensics and all the rest.



would you take this as the end because they never said it was or do you think they have copied the device to come back later?

Distressed and pregnant

Member since
November 2020

1044 posts

Posted Tue October 22, 2024 9:52amReport post

I'd take that to be the end of it. They don't take copies of devices or return devices used in these types of crimes xxx

Confused24

Member since
October 2024

4 posts

Posted Tue October 22, 2024 10:20amReport post

Thanks for the quick reply, hard to get my head around. Every knock on the door you think is them calling back. I read up about everything trying to give myself answers and one thing was about them copying devices and returning them if you aren't being arrested. Maybe that's for other offences tho

Lonelyaround5555

Member since
August 2024

25 posts

Posted Sun October 27, 2024 10:53pmReport post

What type of device was it, android or iPhone or make? Just curious what they weren't able to find deleted images on. There are so many mixed reviews or answers about deleted data being found in thumbnail folders or cache folders that you can't access yourself.

hpl111

Member since
November 2022

401 posts

Posted Mon October 28, 2024 8:41amReport post

LonelyAround5555, it was an iPhone and a Samsung.

They can only recover deleted images, if the thumbnails haven't been written over by other data.

If they have been written over by other data depends on many different factors, for instance how long ago the images were deleted.

My husband's solicitor said in 50 % of cases they can recover deleted images, in the other 50 % they can't.