Help with sensitive issue (long)

[batcountrylife]

Hi, I've namechanged for this. Sorry about the textwall, but I don't want to drip-feed.

I need some advice and information over an issue that has come up.

About a week ago, one of my close friends from a larping (Live Action Role Play) community who I have known well for over three years abruptly disappeared. A few days later one of her real-life friends who I'm acquainted with posted on our larping forum that my friend will 'not be joining us again indefinitely'. This naturally had the rest of us all very worried and we all posted a lot of supportive messages, not truly knowing what was going on.

Immediately after, another of our larpers, who I'm less acquainted with, and who is a flatmate of my friend, also informed us that she will be away for an unknown amount of time.

This is when I started to panic a bit as I had no other way of contacting my friend. Up until today I have been really worried about what had happened. From what our mutual friend was willing to tell me, I got the impression that something horrible had happened, like she had been rushed to hospital with a brain tumour or something similarly awful.

It wasn't until today that I managed to get a quiet word with my acquaintance and ask her directly what was going on. She asked me if I really wanted to know. I explained that I was sick with worry and, having known my friend for such a long time, considering her one of my closest friends at larp, that I wanted an explanation, even though I admitted with it being a real-life issue, it was really none of my business.

My acquaintance was quite candid and I completely trust what she has told me, hence why I need to get my head around this.

Now, it turns out that my friend, who is 17 (nearly 18) and in the final year of her A-levels, is being investigated by the police for downloading indecent images of children.

Now, as shocking and confusing as this is to me, my first feeling was one of relief. I was just happy to know that she was okay and not in a coma or something as horrific. This also explained why the larp group wasn't given any explanation and why our mutual friends were keeping silent. It also explains why she couldn't post any messages herself (the police have her and her flatmate's PCs for investigation).

Then I started to ask about what had actually happened. I'm told that for her own reasons downloaded 'indecent images', and then went to the police herself, of her own accord and told them what she had done.

I just want to make it clear that she is NOT part of any circle of abusers, doesn't make the images herself or share them with others.

After being told this, I did some research online and it turns out that since the Sexual Offences Act 2003, the age below which images are classified as child pornography is 18 (it used to be 16 but was changed in 2003 to 18, apparently 'just in case'), even though the age of consent is 16.

Now knowing my friend, who is frankly a hormonal bisexual confused teenager (weren't we all), my guess is that she was looking for images of girls of her own age but got in over her head. Please, don't think that I'm trying to make excuses or her, but this is my genuine opinion of her character. I'm a bit older than she (mid-twenties) is so I'm a bit protective of my 'little sister'.

I know it's very unlikely that anyone here has been through something similar, I'm just really having trouble understanding why this has happened, and what is likely to happen next, what kind of sentence would she be likely to get etc? She is currently out on bail, and she has been suspended from her college. She was hoping to start university in September, and I'm really worried about how all this will affect her future. I am hoping for at least a suspended sentence, because at least then she can get on with her life, but if the worst should happen it will likely ruin her life.

I know some people will undoubtedly accuse me of trolling, but I've thought about that and all I can do is give you my genuine assurance that I am truly concerned about a friend and this is real.

"Could I make a request that people people who 'agreed with Vic' and reported the thread now recant on that, as Vic him/herself as admitted that her hysteria was an alcohol fuelled, sleep deprived tirade of "shite". I ask this not to try and score points, but because I need this thread so that I can get useful information/informed opinions like izzy et al."

can i point out that

1. if the thread makes people feel uneasy they are quite at liberty to report and
2. that my self depreciating humour seems to have fallen somewhat short of registering.
3. may i point out yet again that without knowing the full extent of the particulars of the case no one can actually give you the information you seem to be seeking. The best thing you could do now if you truly want to support this friend is phone her and talk to her. The police will have given her information on what happens next and if you are a friend of the suspect then i suggest you phone her to find out instead of fishing on here, because quite frankly, im not sure what it has to do with you anyway - if you were to phone the police making these enquiries on behalf of your friend or even out of general nosiness concern you would get short shrift.

The fact that she has been bailed means there are further enquiries to be conducted and suggests that this is not clear cut. The police will have given her some information on the possible outcomes. If this does indeed go to court then i can only assume that this is more than merely stumbling across images and panicking - going to the police does nothing in terms of the investigative process - but at court the way a person has conducted themselves can be taken into consideration, as is a guilty plea.

i am removing myself from this thread now, i am not going to give you details into how an investigation of this nature is conducted, nor am i going to tell anyone else how to feel about such a thread. Last night, yes i was tired and yes i had a small amount of alcohol, but that said this thread made me uneasy, because i was questioning whether to take what you were saying at face value rather than speculating on what the images were. I will say no more on the subject other than what i have already.

...and fyi indecent images of children are covered by different legislation to that you have been googling.

that really is me done.

As it would seem that to the best of your knowledge your young friend does not have a credit card, bat, it is unlikely that she has been able to view or download images of child pornography that are illegal.

Nevertheless, you should not discount the possibility that she was able to pay to download material that would render her liable to a criminal charge of making or possessing prohibited images of children.

As the law stands, in order for an image of a child or children to be a "prohibited image", there are 3 elements that must be satisfied and the image must meet all 3 of the elements which are:

1. That the image is pornographic;
2. That the image is grossly offensive, disgusting, or otherwise of an obscene character; and
3. That the image focuses solely or principally on a child's genitals or anal region, or portrays any of the following acts:

the performance by a person of an act of intercourse or oral sex with or in the presence of a child an act of masturbation by, of, involving or in the presence of a child an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else; an act of penetration , in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else; the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary); the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

Even if an image is pornographic, it will not be a prohibited image unless it also satisfies all the other aspects of the offence.

NB: there are 3 definitions of 'child'; under 13, 13-15yrs, and 16-17yrs old.

As this will inevitably be a long response, having established the law in relation to prohibited images I will continue in a further post to address issues more specific to your friend.

If it is deemed that your friend has a case to answer, it is probable that she will be charged either with an offence under section 1 of the Protection of Children Act 1978 of making prohibited images, or of possessing prohibited images contrary to section 160 of the Criminal Justice Act 1988.

However, section 62 of the Coroners and Justice Act 2009 created a new offence of possession of a prohibited image of a child which came into force on 6 April 2010. When pleas are offered, in very limited circumstances those convicted of this offence can be made subject to notification requirements under part 2 of the Sexual Offences Act 2003 - offenders must be 18 and above and receive sentences of more than 2 years.

My concern is that, if charged with a criminal offence, at age 17 your friend's case should be heard in a Youth Court which is a closed Court. However, if she is indicted after she attains the age of 18, she will be dealt with as an adult at a Crown Court.

From what you have said, it seems that your friend is estranged from her parents and that, despite the fact that she has not been formally charged with any offence, she has apparently been suspended from college at a crucial time in her A-level studies. Given the numbers of alleged young and adult offenders who continue their studies despite being on bail pending Court proceedings for serious offences, I find this most irregular.

I also find it surprising that the police have allegedly advised your mutual friend that you should have no contact with your young friend especially as it would seem that your work ideally places you to provide counsel at what is undoubtedly a traumatic time for her, and that you need have no fear that befriending her will have any adverse repercussion on your employment.

My main concern is that this young girl has proper legal representation from a solicitor who specialises in criminal law and, to that end, I hope you will make direct contact with her and satisfy yourself (and me) that she has access to appropriate legal counsel.

In particular, I hope you will be able to tell her that, in the event that she is charged with any offence, she is not obliged to make any response and any plea she may subsequently enter at Court should only be determined after any allegedly prohibited images have been disclosed to her defence team for independent expert scrutiny.

With all due respect to Vic who, IMO, is a credit to the force, the police do not always get it right and your young friend should not be persuaded by any police officer to 'plead guilty and get it over with' or 'accept a caution and get it over with' before she has sought legal advice.

FWIW, I find it entirely appropriate that you have posted on a 'parenting' forum and have no hesitation in telling you that, if your young friend was my dd, I would move heaven and earth to ensure that her young life is not blighted by what could be an unwarranted criminal conviction that may have far-reaching consequences for her.

I would add that the length of custodial or suspended sentences handed down to young offenders are usually half of that which would be handed down to an adult who is convicted of the same offence.

As you've said that your young friend will shortly become 18, time is of the essence in more ways than one.