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In memory of Karl Davis, founder of this board, who made his final journey 12th June 2007

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Topic Review
LSemmens

[*] posted on 13-10-2016 at 00:38
Prosecutors always have the right to determine if the charges warrant going to court. In this case, I can see both sides of the coin. He did the right thing by copying and reporting. After being advised to delete said images he, technically, did the wrong thing by not doing so. As a father, I can understand his reasons for not doing so.

Why the police raided him and discovered that he had not done as instructed is another topic for speculation. He had copies and backups of those copies which I can also understand. I suspect that there may be more to this case than has been reported.

The fact that he was not the natural father may have had some bearing on it, but, again, I know many step fathers (my son being one) whose "adopted" children are just as important to them as their natural progeny.
marymary100

[*] posted on 12-10-2016 at 07:50
We have a Campus Cop who deals with the sexting etc. that our young people sometimes engage with. The law is murky when both young people are under age but when one is 16 or over they are/can be charged as an adult. It saddens me how often girls are willing to take photos of their bits despite the likelihood that the boy they send them to will spread them to at least one other person.

I have an uncharged "rapist" in one of my classes who was just over 16 while his girlfriend was just under. If the girl had not fallen pregnant no-one would have known that they were having sex. Technically though it is rape as she could not give consent due to her age. Discretion seems to have been used by our police officer though as they are both still in school.
JackInCT

[*] posted on 12-10-2016 at 01:48
Quote:
Originally posted by scholar
....It does appear the fellow acted stupidly, if he was warned and then kept the images anyway...


One ALWAYS has to remember when dealing with the police that just because a policeman says what you're doing/did is illegal, that doesn't automatically make it so. As we all know, you are presumed innocent until found guilty in a court of law, AND even then there is an appeals process as I noted above. Every now and then the newspapers carry an article re an arrest and the charges are dismissed because it was determined that there was no specific law "on the books" that made what occurred illegal.
scholar

[*] posted on 12-10-2016 at 01:10
In the US, prosecutors usually have some discretion with respect to pressing such charges.

Is this not so in Australia?


It does appear the fellow acted stupidly, if he was warned and then kept the images anyway.

I wonder if his being a step-dad, not a bio-dad, had anything to do with it.
Katzy

[*] posted on 10-10-2016 at 14:59
Seems it's not just the British who are weird, then...?
JackInCT

[*] posted on 10-10-2016 at 12:36
Your post is just another example of why a judicial appeal's process was created way back when. But whether you can afford financially speaking an appeal is the fly in the ointment.

There are newspaper articles that report on an appeal to a state's supreme court (which is NOT the US govt supreme court, although a given case may eventually wind up there); but NEVER EVER have I seen where the ENTIRE funding for such an appeal comes from; we're talking lawyer's fees here especially. To wit, the newspaper article NEVER states that the law firm of such and such charged so and so "x" amount of dollars (regardless of whether so and so won the appeal). The price is right for "justice".
LSemmens

[*] posted on 10-10-2016 at 08:45
Man convicted of Child Porn because he reported his daughter for sexting and kept a record of said messages.

Makes me wonder why the coppers prosecuted him. The poor judge must work within the law. The bloke who prosecuted him should hope that he is never in the same position.