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Back to square one

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D1286

Member since
November 2019

62 posts

Posted Mon December 30, 2019 2:44pmReport post

Sorry for this vent.

arrr going in sane today, feel like I'm back to square one. We are 15/16 months post knock.just to get a text today saying court is in two weeks. Feel as sick and as worried now as I did the day we got the knock. We didn't even know he'd been charge.

Feel sick to my stomach. My husband is walking around the house like a zombie he looks like he's back to square one again. I don't know how to help him.

Tabs

Member since
November 2019

501 posts

Posted Mon December 30, 2019 6:59pmReport post

OMG D1286, what a shock to receive that text out of the blue. Have you got a solicitor lined up ready? I'm not sure what the process is. Thoughts are with you. Stay strong. x

D1286

Member since
November 2019

62 posts

Posted Mon December 30, 2019 7:13pmReport post

Hey tabs

Thank you, it was a massive shock apparently according to the text the letter is in the post with more details.

He has got a solicitor lined up.

Many thanks tabs for the support.

Mabel

Member since
June 2019

208 posts

Posted Tue December 31, 2019 8:19amReport post

Hi D1286

oh god how awful for you, I didn't realise they did that!

Just breathe and take one hour at a time. You can get thro this.

why not contact your solicitor for some advice on the procedure?




wishing you all th very best

Mabel x x

Tutleymutley

Member since
November 2019

104 posts

Posted Tue December 31, 2019 8:50pmReport post

Hi DL,

Sending love and support - I felt nauseous just reading about your notification - and can imagine how awful this must be for you - but at least the waiting/limbo will be over soon and you can know exactly what you both have to deal with for the future. Just the fact that you and your husband are together must be a comfort and help for him? Let us know how it all pans out for you both.

We have the long wait for the police to look at my husband's computer ahead, as the 'knock' was only a month ago - it already seems an eternity and has been a roller coaster of emotion.

D1286

Member since
November 2019

62 posts

Posted Tue December 31, 2019 9:59pmReport post

Hey tutley mutley,

Thank you for the support. I feel for you only a month since the knock. It's been 16months now and yeah the waiting is nearly over but I still feel like there is an eternity to go till the end of the road. I will let you all know after the court date or if there is any update. We got the text yesterday and the charge sheet and notice came through the post today.

He's looked at the charge sheet and he's got one charge for possession and 3 counts of making pictures, however with the remorse he's had for just the possession I know he didn't make the pictures. He's talking to his solicitor when its open again and questioning the making charges.

Hope 2020 is a reasonable year for everyone. just remember what ever stage in this horrid process we always have the support and non judgemental help on here.

Many thanks

D

Big sigh

Member since
December 2018

244 posts

Posted Wed January 1, 2020 12:39pmReport post

Hi

i think the “making” charge is just a technical legal term which means “downloaded”. So, for example, if they found those images in the “deleted” part of his computer and he could demonstrate that he couldn’t access them once they had been deleted then he couldn’t legally have been in “possession” of them. However because they are on his computer the prosecution would argue that they had at one point been knowingly downloaded and that is called “making”. So it just means he looked at them, not that he “made” images in the way a layperson would understand the term “made”. It’s a horrible term because when it gets reported in the media people misunderstand it and think the accused has taken pictures themselves or made videos themselves.

So sorry you’re going through this x

D1286

Member since
November 2019

62 posts

Posted Wed January 1, 2020 12:51pmReport post

Thank you for helping me understand the terminology. So would you even know what the sentencing would likely be with these charges.

I'm not sure I can survive my husband going to prison. My mental health isn't strong enough for much more.

snowdrop

Member since
September 2019

178 posts

Posted Wed January 1, 2020 2:03pmReport post

Hi D1286

There are 3 categories of indecent images/movies. Cat A: is anything showing penetrative sex with a human... Toy or Animal.

Cat B: is naked children (under 18) in sexual poses.

Cat C: is anything which does not fall into the categories above but can be semi naked / partially clothed.

My partner was charged with three counts... 2A, 2B and 1C. Police forensically showed 2 were never viewed or opened but deleted immediately however as others have stated once downloaded the offence is complete.

He was sentenced to 12 months in prison, suspended for 2 years. No fine or financial penalty. He was also given a SHPO and told to register as a sex offender.

The courts and judges do not follow any standard procedure and punishment varies through out the UK.

Finally if he has any Cat A images on his charge sheet he will have breached CPS guidelines issued by the ministry of... The starting point is 3 years in prison, however I have very rarely seen this sentence imposed. Most are suspended or a Community Service result with the offender told to attend a sex offender rehabilitation course like Horizon.

Sorry you have joined this club... Best wishes...

snowdrop

Member since
September 2019

178 posts

Posted Wed January 1, 2020 2:06pmReport post

Ministry of justice...

D1286

Member since
November 2019

62 posts

Posted Wed January 1, 2020 2:07pmReport post

Hey snowdrop

Thank you for the insight. I joined this club 16months ago and it's just getting tuff as the courts are now the next step. 2 weeks and it's his plea hearing.

Big sigh

Member since
December 2018

244 posts

Posted Wed January 1, 2020 2:28pmReport post

Hi

it depends what category the images are, whether they were photos or videos. If you google iioc for sentencing guidelines you will find them. However don’t get yourself too worked up as they are guidelines and the actual outcome depends on lots of things. There is a list of mitigating factors on there (guilty plea, etc) and aggravating factors.

has your partner done any therapy or attended any courses so far? This can often be seen as a mitigating factor.

good luck x

D1286

Member since
November 2019

62 posts

Posted Wed January 1, 2020 2:40pmReport post

Hey big sigh

It was 86 pictures no videos and a mixture of a b and c and a prohibited image. He's attending SAA meetings and is in the middle of stop it now course. He was refused counselling by the doctor until the case was over but he hadn't been charged then now he has so he's going back to the doctor's in a couple of days to get counselling. He is so remorseful. He's got prove that he asked for counseling when the case first started 16months ago. And he's got a journal of his journey so far and what help he has sought. He's got a sponsor for SAA meetings to prove he goes there too.

Thank you for your help big sigh

Big sigh

Member since
December 2018

244 posts

Posted Wed January 1, 2020 7:46pmReport post

Hi

please make sure you have a solicitor with some experience in this field. Your husband may be remorseful and want to just get it over with, but make sure he is charged with images that he has actually viewed. It has been known for the charges to change after legal arguments or the category downgraded - this could be the difference between a custodial or non-custodial sentence. So you need good legal representation for this to happen and for someone who knows a little bit about this field. Someone experienced may wish to check the police’s evidence from the computer too and not just accept it as all accurate. It could be the difference between 86 images and 8 images. Or cat a and cat c. Someone experienced may also be able to use his therapy, LF course etc to demonstrate that he is not a high risk to society so imprisoning him would not serve the public good. I have even seen the fact that one man had attended the LF course and so the judge did not impose a requirement to attend a course post conviction; however I think that is very rare.

i am by no means an expert, so find a solicitor who is.

good luck x

piratey12

Member since
October 2019

10 posts

Posted Wed January 1, 2020 9:57pmReport post

Hi D1286

Your post sets my panic going as your case seems to pretty much mimic ours. Our knock was 15 months ago and we have heard nothing yet. I am dreading the next stage and while I hate being stuck in limbo I'm really frightened of the next stage also.



I hope everything goes as well as could go for you.

D1286

Member since
November 2019

62 posts

Posted Wed January 1, 2020 11:12pmReport post

Hi big sigh

He's solicitor isn't a specialist as we can not afford it but he does seem very clued up and knowledgeable. Thank you for you advice.

piratey12 it was 14 months of nothing then a second interview and now we are on 16 months and the court case is on his 17month anniversary to the day. I will keep everyone posted.

Thank you all for the support d X

kls

Member since
March 2019

62 posts

Posted Thu January 2, 2020 6:44amReport post

OMG 14 months. I'm on 10 and already cracking, I've just had a cry at the thought of doing this for months more. I can't take it. Sorry I've hit a panic mode, hope things go ok

D1286

Member since
November 2019

62 posts

Posted Thu January 2, 2020 7:25amReport post

KLS panic mode is normal. The trick to coping is take it either hour by hour or day by day. Keep coming back on here for support you will get through it.