Partner accused... PLEASE HELP

[whisper]

Hi Everyone,

I really hope I'm in the correct place for help and advice which I really need. The case concerns my Partner, he has been accused of having sex with underaged (which he didn't). The girl was jelaus and couln't stand him having girlfriend, so she lied about they intimate relationship. She also send some naked photos of herself on his email and threatened that he would go to the police if they won't be together(unfortunately only verbally, so there is no physical proof).

As a result my Boyfriend has been kept in police arrest for few hours and been released under conditional bail (including no contact with her whatsoever).

I was wondering is it illegal for me to contact her? Because I think maybe if I would talk to her, and explain what kind of extreme consequences can he face because of her jelausy and stupidy, maybe she would step back? Can there be any problems if I do that?

Please Help! Thank you.

[Faith]

Whisper

Sorry that you and your partner are in this vile situation...you are certainly in the right place to seek help.

As tempting as it is you MUST NOT MAKE CONTACT WITH THE ACCUSER
You will end up giving her more ammunition and it could very easily be construed that your partner sent you. She already has a penchant for lying...so what's to say that she can't claim you were threatening her. Have no contact with her whatsoever.

As for the photos in his email, there are several ways which could show he could have had no interest in them. I'm hoping he didn't download them (viewing them will automatically download them to his hard drive but this is different from him doing something like 'Save As...')
Did he reply in anyway to these emails. Hopefully not in a way that could make him see like he was encouraging her.
Is this girl a relative?

There could well be a long process from here, especially if the computer has been taken for checking (I'd imagine it has) This can take about six months so it could be a while before CPS reach a decision.
Many people make the mistake of being complacent in that time. Use this time positiviely. Make a folder of anything that could support your case in case a charge comes. Do not give this evidence to the police. It is for your solicitor.

Find a solicitor who specialises in these cases...you've no idea how vital that is. If you post up your county (nothing more specific than that as this is a public forum) then someone may be able to reccommend you a good solicitor.

You'll go through a rollercoaster of emotions...finding this place has been a good step.

How long ago is the sex alleged to have taken place? Did she agree or refuse a medical examination? if it was a long time ago, then maybe the offer wasn't there.

Take care of eachother...you must be strong in all of this. Come and ask for support anytime here...we all have varying degrees of experience in these horrific matters.
Take Care.

[whisper]

Dear Faith

Thank you for your response, it really means a lot to us. I will therefore not contact her, I agree she may use it against us.
Unfortunately the case is a little bit more complicated, cause he had first contacted her in regards of the photoshoot, and he requested her to send some pictures as he always did for the photoshoots (But in Clothes! that she would like to use). He has therefore admitted that he opened the pictures. Moreover he actually talked to her few times (over the phone and through txts) about those pictures, and even as he admitted 'flirted' with her. Those conversations sometimes led to the talk about sex, but he did that for 'fun' not realising that she is serious. He explained that he has a girlfriend and that we live together and that he does not want to be with anyone but me.

Just to point out he was sure that she was 16 years and few moths old, at least that what she was claiming officially.

Anyway I know he did wrong, most important he does too. He regrets it more than anything and even decided to end up with photoshooting for good.

The case is very recent- from 3 weeks ago, and the whole thing is based in London...Thank you for all your suggestions I will talk to him and try to gain as much evidence as possible.

Take care xx

[Faith]

Well that constitutes a defence. if he had good reason to believe that she was over 16..is there by any chance an email that backs this up...where she says her age is over 16?

From legislation:

A person aged 18 or over commits an offence if
A) he (A) touches another person (B )
B ) the touching is sexual
And
C) B is under 16 and A does not reasonably believe that B is over 16

[Casehardened]

I do apologise for not bringing anything positive to the thread but, in relation to constructing a defence, I ought to point out that the SOA 2003 raised the age of a 'child', as far as photography goes, to 18.

The belief that the person is over 16 does still constitute a defence when sexual intercourse is involved.

[lawlessone2009]

Excuse my ignorance but is the photography simply photography or pornographic (as in naked not proper porn!) photography with regards 18 year olds now?

Surely a 16 year old can have their picture taken by a professional?

[Faith]

I think (though please correct me if I'm wrong CH) that the 18 year old will apply only to photography which could be considered of a sexual nature.

[Casehardened]

Excuse my ignorance but is the photography simply photography or pornographic (as in naked not proper porn!) photography with regards 18 year olds now?

Surely a 16 year old can have their picture taken by a professional?

The OP mentioned that naked photographs had been sent by the girl to her partner, but not having seen them, I didn't want to categorize them (I do take your point that naked photos are not necessarily illegal)

I wanted to make the point that if CPS are examining the computer and do consider them to be CP, that a defence of believing the girl to be over 16 will not work.

[Casehardened]

For an offence under section 1 PCA 1978 the prosecution has to prove:

The photograph or pseudo-photograph was of a child section 7(6) of the PCA 1978. Archbold 31 - 114. The definition of a child was altered from 16 to 18 years by section 45(1) of the Sexual Offences Act 2003, in force from 01 May 2004. The age of a child is ultimately for the jury to determine. It is a finding of fact for the jury, and expert evidence is inadmissible on the subject, since it is not a subject requiring the assistance of experts R v Land [1998] 1 Cr App R 301, CA. See also section 2(3) PCA 1978.

http://www.cps.gov.uk/legal/h_to_k/i...s_of_children/


Of course what constitutes indecency is a whole new ball game and keeps solicitors and barristers in employment!

[Faith]

Is there a difference when the girl has taken the photograph and sent it herself, rather than the accused having taken the photograph?
I suppose the fact that he 'downloaded' it would possibly mean that there would be little difference.

[Casehardened]

Is there a difference when the girl has taken the photograph and sent it herself, rather than the accused having taken the photograph?

If the photo wasn't requested and wasn't retained (i.e. deleted on receipt) then this would constitute a defence (as otherwise a victim of spamming could fall foul of the law)

Hopefully Whisper won't be alarmed by these technical discussions as the question of the photos is subordinate to the issue of the false accusation made by the girl and you have given her some excellent advice about this in post #2.

[lawlessone2009]

This is a tricky one.

I am assuming that your partner is stating that sex never took place rather than contesting consent.

If that is the case and this is alleged to have happened 3 weeks ago then, unless the girl is pregnant or has kept underwear, DNA evidence will be almost impossible to obtain.

That would result in a case, if there was to be one, of her word against his. The 'photos' will cast him in slightly bad light from the outset if he knew her to be 16 yet shes sending naked pictures.

It by no means makes him guilty. It could be explained that he discussed the pictures with her and agreements were reached about future conduct etc. I can't put words in your mouth here as it's a tricky area and one that you and him will need to discuss with the main question being:

Why did you continue with the proposed picture taking knowing that the girl involved was ultimately underage for the types of pictures she was indicating that she wished to be taken?

I'm not putting you on the spot and I am not judging. The prosecution WILL rely on making a big deal of the pictures should a case end up in court. I know you will have plenty of time to discuss everything and that my question is not broad enough for the answers you will need.

Focusing on the pictures and getting it nailed down in that area would be of immense help.

Similarly any other forms of communication that have been logged and are accessible should be downloaded/printed.

You guys are obviously happy together and willing to face this head on. You will both need to discuss everything at length but without causing hurt or argument. It could be that a little role play helps with you pretending to be a police officer/prosecutor and asking lots of random questions and then both of you working on the answers?

I foresee issues with the photos, that's all. A jury could be easily led to believe different things in this area unless you are completely open and honest with explanation. People do however know that young girls that want to do modelling will also do virtually anything to get a start at the big time.

Do you have a solicitor?
You're going to need a good one should this go to court. It will be the High Court and the solicitor will ultimately have a Queens Counsel acting in the court who you should also ensure is a specialist in the area of rape.

[whisper]

Thank you all for those extremely helpful advices. Dear Lawlessone- he was not aware that she was underaged. As I mentioned previously he was sure that she was over 16, believing that the age of consent was the one to 'rely on'. Are there any proves why he thought she was 16+? Yes, there are.

I think it is very important to mention that when they were first discussing the photoshooting it was not suposse to be anything obscene, but casual 'fashion' theme. I believe it is unfortunately impossible for us to download anything as he has deleted all of it from his email, and Police took his laptop, phone etc.

We've had a conversation yesterday and he told me that apparently she previously had a 'criminal' boyfriend, who (as she is claiming) was filming her during certain 'intimate moments' few times and then threatened that he will go public with it if she won't be with him. I believe her behaviour is in a sense revenge for her ex. Again, unfortunately this information came out during the face to face conversation, rather than text or phone, leaving us with no physical proof.
The worst thing is that they have talked about it at his workplace, after hours when everyone was out of the building. There is one camera there, but that would only register her entering the building and coming out of it...

He said that they have met 3 times, first and third meeting was requested by her, which may be registered somewhere (but he said that he is not sure).

We did get a randomly chosen public Solicitor, who claims that he had cases like that before, out of which some where lost and some won. I have never had any problems like that before and not sure how to search for a good Solicitor who would be an expert in this 'sort of' cases.

Please everyone, forgive my plain and uprofessional language, but I am not a specialist. Thank you once again for you help.

[Faith]

Don't worry about your language...you sound perfectly clear and collected to me. No one is an 'expert' in this until it affects them...there is never a time when it feels normal.

Your partner appears to have made some very naive mistakes but being guilty of naivety is not the same of being guilty of something like this...no matter how foolish he's been, he does not deserve what he is going through and he must fight this every step of the way.

The duty solicitor doesn't sound as if they are specialised enough. Many solicitors will have 'dealt with these situations before' but that is not the same as being specialist in the area. Search what you can by looking through the solicitors in your locale. It will become clear from websites and case histories how specialised they are.
Did you say what region you are from? Someone here may be closeby and be able to reccommend a solicitor for you.