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.

To Be Spent, But, Still To Be Prejudiced Against - Nothing Changes

DBS list of offences that will never be filtered from a criminal record check https://t.co/vKgbeDKUSG
— CrimeLine.info® (@CrimeLineLaw) December 2, 2013

(Embedded Tweet - click date - archived, if needed).

List ... https://t.co/vKgbeDKUSG (.xlsx)

Going to be a minefield ...

http://therealosc.blogspot.co.uk/search/label/ROA%201974

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December 2013

Filtering legislation

"What is the new filtering legislation about?

Previously, all convictions, cautions, final warnings and reprimands on the Police National Computer were disclosed on Standard and Enhanced DBS (formerly ‘CRB’) certificates until a person reached 100 years of age.

On the 29th May 2013, an amendment to The Police Act 1997 was implemented that allows certain minor offences to be removed or ‘filtered’ from the certificates. Offences that are eligible to be filtered no longer need to be disclosed for jobs that are eligible for Standard or Enhanced DBS checks.

Please note that the legislation applies to England and Wales only."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/legislation/filtering-legislation,1648,NAP.html

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Page history: Updated 13 December 2013, see all updates

DBS filtering guide Organisation: Disclosure and Barring Service

Information added about external guidance available from Nacro and Unlock. 13 December 2013 10:46am

Added more information about convictions with multiple offences. 13 September 2013 11:01am

Updated to version 1.4 - added a link to Unlock guidance1 2 August 2013 3:37pm

Uploaded new version 1.3 with further advice on filtering. 30 July 2013 2:20pm

Updated version of the document.1 2 June 2013 12:24pm

Updated the document 29 May 2013 8:41am

First published. 28 May 2013 3:34pm

Policy: Helping employers make safer recruiting decisions
Collections: DBS filtering guidance and DBS checking service guidance

https://www.gov.uk/government/publications/dbs-filtering-guidance

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265811/Filtering_guidance_v3.pdf

Get Your Fingers Out

Published 14 November 2013

The Rehabilitation of Offenders Act 1974 - Commons Library

"Research publications › Research briefings‎

Standard notes SN01841. Authors: Sally Lipscombe."

"The Rehabilitation of Offenders Act 1974 aims to give those with convictions or cautions the chance – in certain circumstances – to wipe the slate clean and start afresh.

Under the Act, eligible convictions or cautions become “spent” after a specified period of time known as the “rehabilitation period”, the length of which varies depending on how the individual concerned was dealt with. Prison sentences of over 30 months are excluded from the scope of the Act and can therefore never become spent. The rehabilitation periods for other types of sentence vary according to whether the person was cautioned or convicted and, if the latter, the type of sentence imposed. Rehabilitation periods will generally be shorter for offenders aged under 18 when they were convicted.

Once the conviction or caution becomes spent, the offender is regarded as rehabilitated and (for most purposes) is treated as if he had never committed the offence.

However, there are a number of exceptions to this general approach. For example, for some types of employment a person can be required to disclose details of both unspent and spent convictions or cautions.

The Government has recently legislated (via section 139 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) to reform the 1974 Act in two key ways. The first key change is to extend the scope of the Act to cover custodial sentences of up to 48 months, and the second is to change the length of some of the rehabilitation periods (in most cases by reducing them).

The Act received Royal Assent on 1 May 2012 but section 139 has not yet been commenced and so is not yet in force. The Government had initially indicated that section 139 would be commenced in spring 2013; however, in February 2013 the offender rehabilitation charity Unlock said that it had been notified by the Government that section 139 would not now be commenced until November 2013. In answer to a PQ in October 2013, the Government said that it was working through some significant business and technical issues regarding implementation that were required to be resolved before commencement. It said that it aimed to have the reforms in place at the earliest possible point."

http://www.parliament.uk/briefing-papers/sn01841/the-rehabilitation-of-offenders-act-1974

http://www.parliament.uk/briefing-papers/sn01841.pdf

You Can Run ...

18th February 2013

Delays to reforms to the Rehabilitation of Offenders Act 1974

"We're disappointed to announce that this morning we've received notification from the Government that the changes to the Rehabilitation of Offenders Act 1974, due to come into force in Spring 2013, have been delayed. The Ministry of Justice provided us with the following:

"As you know, the commencement of the reforms are dependent on the necessary system changes being in place so that basic disclosure certificates for England and Wales will reflect the new rehabilitation periods. We had been aiming to commence the reforms by April 2013, however, it will not be possible to achieve the necessary system changes by that date and we are now looking at commencement in November.""

http://us2.campaign-archive1.com/?u=45c161a5b068f45e640606f58&id=7d2571400c&e=369ac4ad54

Standard notes SN01841 - The Rehabilitation of Offenders Act 1974

http://forum.unlock.org.uk/default.aspx?f=22&m=21072

The Rehabilitation of Offenders Act 1974 - Commons Library Standard Note

http://www.parliament.uk/briefing-papers/SN01841

Letter from M0J on LASPO and ROA

http://forum.unlock.org.uk/default.aspx?f=22&m=21074

Dr Oldfield 'Writes A Letter'

A Communication To Our Home Secretary

http://criticalestoppel.blogspot.co.uk/2012/12/a-communication-to-our-home-secretary.html