Finally.. charged. What now?
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My person (BIL, not an immediate family member who lives with us, thankfully, but who i am supporting at a distance as he has no other support) has finally been charged tonight after almost 3 years. He was told the CPS had made a charging decision about a month ago and tonight has been told he is charged with 26 counts of 'sexual communication with a child'. Presumably this means 26 different 'children'/decoys but hes lucky it wasnt more as they were originally investigating 50 plus.
Its a bit of an odd situation as he initially was caught by vigilantes nearly 3 years ago after online communication but because of the numbers involved its taken ages to investigate. During the course of the investigation, they found a number of images of children as well. He's already been to court for that and pleaded guilty to the images and signed the SOR, but not yet been sentenced as the judge (rightly) knew about the other more serious investigation and wanted to have all the charges in totality before sentencing. So hes had multiple adjournments so far.
He's due in court again later this week. I imagine he should ask for another adjournment to have the chance to speak to his lawyers, frustrating for him but hes still talking about pleading not guilty so he needs proper advice. My view is that a not guilty plea and a jury trial would be a disaster for him, not least because he's plainly guilty and has effectively told me as much, but he is autistic and his evidence would be a disaster in court. He doesnt seem to understand that just because he wouldnt actually want sexual contact with a young child it doesnt mean that what he did is so very very wrong. (And he's admitted to me that though he was 'lonely and vulnerable' he was also turned on by the communication. He has been in contact with the helpline, but clearly has no understanding of this issue at all.
He still is saying that he is worrying about pleading guilty because if he does I won't allow him to see my teenage kids and will think badly of him. Sorry buddy, you arent seeing them anyway, regardless of your plea! And you have told me yourself you did it so... Du'hhhhh! Not a hope in hell you are seeing my kids, or indeed me, as though I'm supporting him practically, I do not condone this in anyway and its very much from a distance. I'm not surprised its come to this, I'm only surprised its taken this long, and he hasnt been charged with more serious offences - the vigilantes turned up because he gave them his address to the 'the girl').
Any advice? He's got to be looking at the possibility of a custodial sentence for this, surely? Best case suspended (his ND is significant mitigation I suppose). Is it bad to say I think actually he probably would be safest in prison?
Its a bit of an odd situation as he initially was caught by vigilantes nearly 3 years ago after online communication but because of the numbers involved its taken ages to investigate. During the course of the investigation, they found a number of images of children as well. He's already been to court for that and pleaded guilty to the images and signed the SOR, but not yet been sentenced as the judge (rightly) knew about the other more serious investigation and wanted to have all the charges in totality before sentencing. So hes had multiple adjournments so far.
He's due in court again later this week. I imagine he should ask for another adjournment to have the chance to speak to his lawyers, frustrating for him but hes still talking about pleading not guilty so he needs proper advice. My view is that a not guilty plea and a jury trial would be a disaster for him, not least because he's plainly guilty and has effectively told me as much, but he is autistic and his evidence would be a disaster in court. He doesnt seem to understand that just because he wouldnt actually want sexual contact with a young child it doesnt mean that what he did is so very very wrong. (And he's admitted to me that though he was 'lonely and vulnerable' he was also turned on by the communication. He has been in contact with the helpline, but clearly has no understanding of this issue at all.
He still is saying that he is worrying about pleading guilty because if he does I won't allow him to see my teenage kids and will think badly of him. Sorry buddy, you arent seeing them anyway, regardless of your plea! And you have told me yourself you did it so... Du'hhhhh! Not a hope in hell you are seeing my kids, or indeed me, as though I'm supporting him practically, I do not condone this in anyway and its very much from a distance. I'm not surprised its come to this, I'm only surprised its taken this long, and he hasnt been charged with more serious offences - the vigilantes turned up because he gave them his address to the 'the girl').
Any advice? He's got to be looking at the possibility of a custodial sentence for this, surely? Best case suspended (his ND is significant mitigation I suppose). Is it bad to say I think actually he probably would be safest in prison?
My OH is also at the charging stage but from what ive read about communication charges, people are getting suspended sentences for just 1 or 2 communication charges, nevermind 26. And its obviously all dependent on ages, the nature of the conversation etc. The fact he gave his address means its likely to have escalated to more so that may be taken into consideration.
Adjourned again for a month for sentencing in early August, unsurprisingly.
For the first time today, a recognition that this may be real as he asked me if he could send me a list of his important info, email passwords, contact info for people etc in case of the worst case scenario. He also asked if he could he send me a largish amount of money to look after for him and send to him for use if he goes to prison. Its the first time he's acknowledged this as being a distinct possibility. Contact info, sure, no issue. Sensible. Holding his money though, without a power of attorney... I guess I see that he sees he will need it and no other access to it in prison, and he has noone else to send him money... so its a positive step in tha he's acknowldeged this is real. But I dont want that responsibility. Has anyone else been in this scenario? He's a single, vulnerable person without other close family. What happens if someone has no relatives to support them and send them money etc? I know its not my problem. and his brother (my husband) should really be dealing with this but can't, for his own reasons, but its not easy.
For the first time today, a recognition that this may be real as he asked me if he could send me a list of his important info, email passwords, contact info for people etc in case of the worst case scenario. He also asked if he could he send me a largish amount of money to look after for him and send to him for use if he goes to prison. Its the first time he's acknowledged this as being a distinct possibility. Contact info, sure, no issue. Sensible. Holding his money though, without a power of attorney... I guess I see that he sees he will need it and no other access to it in prison, and he has noone else to send him money... so its a positive step in tha he's acknowldeged this is real. But I dont want that responsibility. Has anyone else been in this scenario? He's a single, vulnerable person without other close family. What happens if someone has no relatives to support them and send them money etc? I know its not my problem. and his brother (my husband) should really be dealing with this but can't, for his own reasons, but its not easy.
In my persons case it was 2 charges of communication with decoys. He received a one year sentence suspended for 18 months. 10 years on SOR and SHPO x
If sent to prison without someone sending money in the only funds he will have access to will be whatever money he has taken into court with him, his prison allowance (a few quid a week) and whatever pay he recieves from any job or education course he undertakes (again a few quid a week).