Showing posts with label Possession. Show all posts
Showing posts with label Possession. Show all posts

Thursday, 30 November 2017

Keep Saying So, Will Never, Make It True



Just Tell Us How?
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(Embedded Tweets - click dates)

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The OSC

Thursday, 13 October 2016

We Have Voted With Our Computers, You Are Losing, We Are Dying - Decriminalise Possession Now




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13th October 2016

13,000 British paedophiles [sic] request help to stop looking at child sex abuse images [sic] in one year 

http://www.independent.co.uk/news/uk/home-news/13500-paedophiles-request-help-stop-looking-children-porn-indecent-images-abuse-a7359881.html

12th October 2016

Seven in 10 calls to helpline referred to police and councils, NSPCC reveals 

http://www.eastlothiancourier.com/news/14798285.Seven_in_10_calls_to_helpline_referred_to_police_and_councils__NSPCC_reveals/

12 October 2016 Last updated at 20:19 BST

Paedophile [sic]: 'I was a car crash waiting to happen' (prepare for dogmatic, but sometimes correct, propaganda)

http://www.bbc.co.uk/news/uk-37638557

Original BBC link, now redirects, to the above...


12th October 2016

Police chief: '100,000 men regularly view obscene [sic] images of children'

http://www.publishedlive.com/2016/10/12/police-chief-100000-men-regularly-view-obscene-images-of-children

1:45PM GMT 05 Dec 2014

Half of paedophiles [sic] 'need medical help' and not jail, says chief constable

http://www.telegraph.co.uk/news/uknews/crime/11275577/Half-of-paedophiles-need-medical-help-and-not-jail-says-chief-constable.html

5 Dec, 2014 14:58

Child porn possessors to be medically treated, not punished – UK police overwhelmed

https://www.rt.com/uk/211803-radical-reform-child-abuse

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Simon, you are doing some great work, but, please drop the voodoo victimology.

It is incorrect, it is irrational, it is an unhelpful and dangerous, dogmatic, myth, which helps no one and harms many.

You are much better than that.

The OSC

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(Embedded Tweets - click date)


Game Over?

2016

Online child sexual abuse images - working together to tackle the demand for and supply of online child sexual abuse images 

https://www.nspcc.org.uk/services-and-resources/research-and-resources/2016/online-child-sexual-abuse-images

Friday, 16 May 2014

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/
(Embedded Tweet - click date)

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More to follow.

Saturday, 4 January 2014

The Highest Respect For The Law


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December 3, 2013 12:08 pm
 
The law of solitude

The cause of everyone’s misfortunes is their inability to sit quietly in a room.” Blaise Pascal

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"The many possession offences include possession of certain drugs; racially abusive or threatening material; various forms of pornography or depictions of abuse; firearms or ammunition without a certificate; explosives; false identity documents; or even a television without a licence. And, of course, the object does not have to be in the same room (or same building) as you; you just need to have sufficient awareness and control for a prosecutor to show that the banned item was in your possession.

Wrongful thoughts

And it is the possession offences which bring the citizen in England and Wales the closest to pure “thought-crimes” where, if there was some confession or if the prosecution could prove your culpable intention beyond reasonable doubt, the possession of any object can in limited circumstances be a crime."

http://blogs.ft.com/david-allen-green/2013/12/03/the-law-of-solitude

Monday, 23 September 2013

More Naughty Kids

Sep 19, 2013 4:44 PM PT Last Updated: Sep 19, 2013 5:22 PM PT

Sexting Victoria teen girl to be tried on child porn charge

"Girl, 16, faces child porn charge for texting nude photo of another girl

A 16-year-old Victoria girl has been charged with distributing child pornography for sending a picture of another girl by text message on her phone.

The trial of a Victoria-area teen who is facing child pornography charges for allegedly texting a nude picture of another girl without her consent will go ahead before a constitutional challenge, a judge has ruled.

The 16-year-old Saanich girl is facing charges of possession and distribution of child pornography and uttering threats after she allegedly distributed nude pictures of her boyfriend's ex-girlfriend.

Today, a provincial court judge ruled the trial will go ahead this fall, before a related constitutional challenge to the child pornography law will be heard.

The teen's lawyer Christopher Mackie says they are launching a constitutional challenge against Canada's child pornography laws as they apply to people under age, claiming the charges amount to age discrimination."

http://www.cbc.ca/news/canada/british-columbia/sexting-victoria-teen-girl-to-be-tried-on-child-porn-charge-1.1861288

Child pornography case against 16-year-old girl for sexting photos taking toll on her daughter, says mom 

http://www.theprovince.com/technology/Child+pornography+case+against+year+girl+sexting+photos+taking/8942960/story.html

Thursday, 29 August 2013

On The Up

May 2013

Our Reference: FOI 82152

"Freedom of Information Request

You ask for the following information from the Ministry of Justice (MoJ):

1. Figures relating to convictions for offence classification 86.2 (taking, permitting to be taken or making, distributing or publishing indecent photographs or pseudo-photographs of children); data from 2007 to 2010 by year

2. Figures relating to convictions for offence classification 86.10 (possession of indecent photograph of a child); data from 2007 to 2010 by year.

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that the department holds the information that you have asked for, and that I am able to provide this to you.

The number of offenders found guilty at all courts for the requested child pornography offences, in England and Wales, in each year from 2007 to 2010, can be viewed in the attached table." (click to enlarge)

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CrimeLine.info®

http://www.crimeline.info

@CrimeLineLaw

https://twitter.com/CrimeLineLaw

https://t.co/HY5ESGsq1O (response - doc)

https://t.co/e6hm1e2n0S (table - xls)

Monday, 13 May 2013

More Win

Wednesday, May 9, 2012

N.Y. high court: Just viewing child porn not state crime

"ALBANY, N.Y. — New York’s top court ruled yesterday that simply viewing child pornography online does not constitute either criminal possession or procurement under state penal law.

The Court of Appeals dismissed two counts against JDK, who was a professor of public administration at Marist College, where a virus scan of his computer in 2007 found pornographic images. He was convicted of two counts of procuring and 134 counts of possessing a sexual performance by a child. He was sentenced to one to three years in state prison and began his sentence in 2009.

The Court of Appeals agreed that K, now 65, was properly convicted because he had downloaded, saved and deleted 132 images. But the majority said some images in his computer cache, temporary files automatically stored from sites he had viewed, cannot be held against him under state law. The court sent K’s case down to a lower court for resentencing.

The five judges said it was still a federal crime knowingly to access with intent to view any book, magazine, periodical, film, videotape, computer disk or other material containing an image of child pornography. Under state law, such browsing can be used to show a guilty intent, that access to an illicit image or site was not a mistake, they said.

“Nonetheless, that such images were simply viewed, and that defendant had the theoretical capacity to exercise control over them during the time they were resident on the screen, is not enough to constitute their procurement or possession,” Judge Carmen Beauchamp Ciparick wrote. “Rather, some affirmative action is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen.”

Chief Judge Jonathan Lippman and Judges Susan Read, Robert Smith and Theodore Jones Jr. agreed."

http://www.firstamendmentcenter.org/n-y-high-court-just-viewing-child-porn-not-state-crime

http://www.raytaylorlaw.com/CM/Articles/New-York-Case-Clarifies-Meaning-of-Possession-of-Child-Pornography.asp

Sunday, 6 January 2013

We Could Not Agree More

Thursday, January 3, 2013

Why is the Possession of Anything a Crime?

"Why is the possession of anything a crime in a free society? It is the antithesis of freedom to stop people from merely having something.

Simply possessing something causes no harm to anyone. It is a victimless crime. Therefore, a crime should only be if the item in possession is misused in a way that harms others."

http://www.activistpost.com/2013/01/why-is-possession-of-anything-crime.html

Wednesday, 19 September 2012

Why?

September 19, 2012 - 4:47PM

Call to keep frisky youth off sex-offence register

"Legal experts have called for sexting-specific laws to be introduced to deal with cases effectively and prevent young people being added to the sex offenders register.

Victoria Police yesterday told a parliamentary committee considering legal reform that the force preferred discretion when dealing with minors in cases where sexually explicit images were sent by mobile phone.

Under current Victorian laws people who make, possess or send explicit images can be charged with pornography offences, and if found guilty are automatically added to the sex offender register."

http://www.theage.com.au/victoria/call-to-keep-frisky-youth-off-sexoffence-register-20120919-2664v.html#ixzz26x2shVhu

Last Of The Brave And Rational

Wed Sep 19, 2012 6:11am BST

Pressure on Japan for stronger laws on child pornography

"A booklet entitled, ''Violence Against Children in Cyberspace'', is pictured at an office of Keiji Goto, a police officer-turned lawyer in Tokyo August 10, 2012. ''The average citizen is against child pornography, but I feel they don't act strongly on those beliefs. Whenever they face strong opposition, they tend to back down easily,'' says Goto, who in 2005 left the police force's cybercrime unit and became a lawyer, who now works with crime victims.

When police in Japan's old historic capital of Kyoto nabbed three men this summer for buying child pornography DVDs online, they made history: for the first time, someone in the country faces the possibility of jail time for possessing such material.

Japan is the only OECD nation that has not universally outlawed possession of child pornography and activists say the new, tougher local laws in Kyoto will not change that overnight.

With various manifestations of a fascination with the young and innocent as sex objects, from graphic versions of manga, or Japanese comics, to the "junior idol" industry featuring child models in bikinis, Japan has a considerable way to go to shed an image of pornographers' safe haven."

http://uk.reuters.com/article/2012/09/19/us-japan-pornography-idUKBRE88I07H20120919