Why 'Making' (Downloading - POCA 1978)/'Possessing' (CJA 1988) Indecent Images of Children Is Not A Sexual Offence And Never Can Be (Well, Not In A Rational World)

(1) From Home Office Classification

Source:

Trending - Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

http://therealosc.blogspot.co.uk/2014/04/trending.html

Released: 17 October 2013 

Sexual Offences in England and Wales - year ending June 2013 

Part of Crime Statistics, period ending June 2013 Release ...

http://www.ons.gov.uk/ons/rel/crime-stats/crime-statistics/period-ending-june-2013/info-sexual-offenses.html

With effect from April 2014

Home Office Counting Rules For Recorded Crime

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/340312/count-crimes-society-july-2014.pdf

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(2) From The SOA 2003

2 (a) The Requirement To Notify

Source:

Trending - Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

http://therealosc.blogspot.co.uk/2014/04/trending.html

i.e. for the purposes of notification requirements (i.e. the, so-called, 'sex offender registration') ...

Part 2: Notification and orders; Notification requirements

80 Persons becoming subject to notification requirements

(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a) he is convicted of an offence listed in Schedule 3;

(b) he is found not guilty of such an offence by reason of insanity;

(c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”."

http://www.legislation.gov.uk/ukpga/2003/42/part/2 

SCHEDULE 3

Sexual offences [sic] for purposes of Part 2

http://www.legislation.gov.uk/ukpga/2003/42/schedule/3

For the record, not only those who are required to notify, are subject to SOPOs. 

2 (b) What is 'Sexual' About A 'Sexual' Offence?

http://www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/soa_2003_and_soa_1956

http://www.legislation.gov.uk/ukpga/2003/42/section/78 

7 February 2003

Sex, crime and seduction - The new Sexual Offences Bill could screw us all. 

"A striking feature of the proposed new legislation is its reliance on the concept of ‘a reasonable person’. According to clause 80: ‘penetration, touching or any other activity is sexual if ..."

http://www.spiked-online.com/newsite/article/6776#.VN5VpiyW4pN

1st August 2015 

Kissing a woman’s hand was ‘chivalry’ not sexual assault – the case of Vidas Cernevicius 

"Does this create a precedent? Can I go and kiss womens hands and not get in trouble?

In a word ‘no’. In a few more words ‘of course not, don’t be ridiculous’.

Firstly, as stated above – even if you were to not be convicted of sexual assault, you would still be liable to be found guilty of common assault. This is a serious offence in its own right, for which you can go to prison.

But more importantly, a future court may well not find that there is was no sexual motivation in it all.

In any event, a decision of a Magistrates’ Court is not binding on anybody. It is wrong to see this as anything other than what it is – a decision on its own facts, based on the evidence that Mr Cernevicius gave.

I am not suggesting in any way that Mr Cernevicius is guilty, but he clearly has his own set of beliefs about the world and it is far from guaranteed (to put it mildly) that a different Court would come to the same conclusion with a different person."

http://ukcriminallawblog.com/kissing-a-womans-hand-was-chivalry-not-sexual-assault-the-case-of-vidas-cernevicius

More to follow.

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(3) From Reality

Why Owning Indecent Images of Children Is Not A Sexual Offence, In Reality (Part 2) 

http://criticalestoppel.blogspot.co.uk/2012/08/why-owning-indecent-images-of-children_19.html

Why Owning Indecent Images of Children Is Not A Sexual Offence, In Reality (Part 1) 

 

click to enlarge

 http://criticalestoppel.blogspot.co.uk/2012/08/why-owning-indecent-images-of-children.html

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I Looked 

"I looked at the vicious crowd, pushing and jostling, and I did nothing, now I am a hooligan.

I looked at the calm soldier, slicing his enemy with his bayonet, and I did nothing, now I am a war criminal.

I looked at the disembowelled refugee children, and I did nothing, now I am a participator.

I looked at the stick-like bodies, as they were pushed into the trench, and I did nothing, now I am Nazi.

I looked at the shattered remains of the crash victim, and I did nothing, now I am a manslaughterer.

I looked at the voluptuous body of the seductive model, and I did nothing, now I am a rapist.

I looked at the distant scientists, collecting the remains of the murdered schoolgirl, and I did nothing, now I am a murderer.

I looked at the taboo sexual practices of others, and I did nothing, now I live the rest of my life as a child sexual offender,

... and then, I shutdown the computer."

http://web.archive.org/web/20050206085307/http://www.madbadorsad.org/arttherapy.htm

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December 26, 2010

"“However, what he didn’t turn his mind to at the time is that merely having possession and viewing images such as this does victimize and hurt the individual portrayed in the image. He appreciates that now.” Senior gets jail time, probation for having single image of child pornography 

We at Human-Stupidity.com fail to appreciate that. Maybe we are too humanly-stupid to understand. Or maybe we do not fall prey to mystical superstitious thinking that is the driving force of the child porn witch hunt."

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 click to enlarge

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http://human-stupidity.com/stupid-dogma/child-porn-witch-hunt/watching-child-pornography-victimizes-child-voodoo-science

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The Madness of 'Gillotti' (USA)

July 11, 2014 - 7:14 PM 

Sex offender loses bid to reduce rating 

http://www.buffalonews.com/city-region/all-niagara-county/sex-offender-loses-bid-to-reduce-rating-20140711 

Decided on June 10, 2014;

People v. Gillotti 

Summary: 

"Both Defendants in this case were required to register as a sex offenders pursuant to the Sex Offender Registration Act (SORA).

At issue in these cases was the SORA risk assessment guidelines promulgated by the Board of Examiners of Sex Offenders.

The Court of Appeals held:

(1) guidelines factor 3, which is based on the number of victims [sic] involved in an offender’s crime [sic], permits the scoring of points based on the number of different children depicted in the child pornography files possessed by a child pornography offender;

(2) a position statement issued by the Board on the evaluation of child pornography cases under SORA does not prohibit a SORA court from assigning points to an offender under factor 3 and factor 7 (which accounts for the increased risk of sexual recidivism posed [sic] by an offender whose crime is directed at a stranger [sic]);

and (3) where an offender requests a downward departure in a SORA case the offender must prove the facts supporting a downward departure by a preponderance of the evidence."

http://law.justia.com/cases/new-york/court-of-appeals/2014/97-0.html 

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Posted on June 29, 2014

9 Reasons Why Child Porn Laws Are Evil

1. Child abuse images are completely legal, while child porn images are not
2. Child porn is not child abuse
3. Child porn is a thought crime
4. Criminalising any image is an affront to democracy
5. Banning one thing leads to the ‘slippery slope’ effect of banning everything
6. Child porn laws undermine the rule of law
7. Child porn laws are so excessively broad that they effectively rape children of their childhood
8. Banning child porn allows child rapists and child abusers to walk free
9. Those who seek to ban child pornography are all paedophiles themselves anyway

https://holocaust21.wordpress.com/2014/06/29/9-reasons-why-child-porn-laws-are-evil/

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21 August, 2014

Banning us from watching this video of a criminal act is a step too far 

"There is a difference between individuals exercising their right not to view or share a video, and companies such as Twitter -- or indeed the police force -- denying people the right to view it."

http://www.indexoncensorship.org/2014/08/james-foley-isis-media-blackout-twitter-met-police/

Censorsing the vile video of James #Foley being beheaded is a menace to #FreeSpeech. SEE http://t.co/8cwZDaxuUZ via @IndexCensorship @hrw
— Peter Tatchell (@PeterTatchell) August 23, 2014

(Embedded Tweet - click date)

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More to follow.

Trending

Published online: 25 Mar 2014

Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

Michelle Ann McManus & Louise Almond

"Little is known about the trends of indecent images of children (IIOC) offences, as UK criminal justice figures are unavailable within official crime data.

This study aims to explore the rates of conviction and the relationship between IIOC offences and child sexual abuse offences from 2005/2006 to 2012/2013.

The results indicated a continuing increase in offences of take, permit, distribute IIOC, rape of a child under 13, sexual activity of child under 16 and abuse of children through prostitution or pornography.

Six out of a possible 17 correlations were significant, with the strongest correlation found between take, make, distribute IIOC and rape of a female under 13.

Explanations for the findings are discussed and the utility of comprehensive prevalence figures for different stakeholders involved in addressing this crime issue."

"Conclusions 

The results of this paper found that IIOC offences have been increasing between 2005/2006 and 2012/2013 for the IIOC offence of take, make, distribute, but not for possession of IIOC. In addition, there was a continued increase for child sexual offences of rape of a child under 13, all child sexual activity and abuse of a child through prostitution or pornography, with other child sexual offences indicating a fluctuating pattern across the 8-year time period.

When exploring the relationship between IIOC offences and child sexual abuse, significant positive relationships were found for the offence of take, make and distribute IIOC with child sexual abuse offences of rape of a child under 13 (for both males and females), all child sexual activity, particularly sexual activity with a child under 16, and abuse of a child through prostitution or pornography. All other comparisons were non-significant.

Potential explanations for these finding could be attributed in two key ways: first, due to the increased awareness and reporting of IIOC and child sexual abuse offences, along with increased success of child protection and law enforcement agencies. The development of specialist collaborative agencies such as Child Exploitation Online Centre, Virtual Global Task Force and most recently the European Cybercrime Centre have no doubt contributed to public awareness and increased detection of these offenders (CEOP, 2012).

Alternatively, these findings could be due to an increase in people actually engaging in these particular offences. Although a causal relationship cannot be inferred, whilst IIOC offences of take, make and distribute IIOC offences have increased, so have certain child sexual abuse offences. Further work is required to understand this relationship and whether the increase in IIOC has resulted in more child sexual abuse offences, or vice versa. These results are informative to law enforcement agencies and key stakeholders involved in criminal justice and child protection."

http://www.tandfonline.com/doi/pdf/10.1080/13552600.2014.893031

http://www.tandfonline.com/eprint/PKDq2Bn72gGCAauycqN8/full#.U2p8t3aa_sQ

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Full access to new article, trends IIOC and child sex offences: http://t.co/i73iJsBi9P
— Michelle McManus (@McManus_M_) March 28, 2014

@OSCP12f agree! The fact that we had to do freedom of info request just to get basic info indicates problems in area
— Michelle McManus (@McManus_M_) May 7, 2014

 (Embedded Tweets - click date)

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More to follow.