Downloaded Indecent Images by Accident
At Eventum Legal we often speak to clients who are under investigation or charged with an indecent image offence. It is often that our clients have been on social media platforms such as Telegram or KIK Messenger and have received unsolicited links which when clicked on has led them to indecent images and videos of children, this raises the question then as to whether they are guilty of accessing child abuse material when they never had the intention or desire to download or view the material.
The issue with the likes of Telegram is that the user, once in a conversation with people who they do not know, has no control over the content that is sent to them. In some instances links that contain a considerable amount of illegal material can be sent, and until it is opened the recipient has no knowledge of what it contained. By the time the user realises, they could potential be storing hundreds of illegal images on their device without any knowledge of their existence.
Indecent image offences:
There are three offences which relate to indecent images, all carry the potential for a custodial sentence upon conviction, but not only this. Those convicted can be made subject to the notification requirements of the Sex Offenders Register, and a Sexual Harm Prevention Order.
1. Possessing indecent images of children
2. Making indecent images of children
3. Distribution of indecent images of children
The most commonly charged offence is making indecent images of children which often means to download the image or video from a source. It can also include downloading data which is capable of being turned into an indecent image.
It is an offence under section 1(1)(a) of the Protection of Children Act 1978 to make an indecent image of a child. Making includes a variety of actions by an individual including:
- Opening an attachment to an email containing an image.
- Downloading an image from a website onto a computer screen.
- Storing an image in a directory on a computer.
- Accessing a pornographic website in which indecent images appeared by way of automatic “pop-up” mechanism.
- Receiving an image via social media, even if unsolicited and even if part of a group.
- Live-streaming images of children.
What can often cause confusion is what age is considered a child. An indecent image of a child depicts a person under the age of 18 years old, despite the age of consent for sexual activity being 16. Therefore, if you receive an image in a group chat on social media, or any platform, that depicts a person who appears to be under the age of 18 engaging in sexual activity, this very well could be an indecent image of a child.
Accessing Indecent Images with no Knowledge
When accessing Telegram and similar social media platforms, the user has no control over what is put into the conversation, if a photo or link is posted which if opened produces an indecent image, and the user does in fact open that image then technically they have made an indecent image of a child.
This can lead to the police attending their property to seize devices and place the person associated with the social media account in question under police investigation. The investigation is most likely to take some time due to the need for forensic examination of the suspects electronic equipment.
What will the police do if I accessed an image by accident?
The initial police involvement arises from a suspicion, and the information to give rise to that suspicion is based on intelligence, not evidence. This is important, because the police will then use forensic examinations to turn their intelligence into the evidence required to prosecute their suspect.
Whilst forensically examining devices for evidence, the suspect is likely to be placed on police bail which in itself can change their life dramatically. Police bail can seek to prohibit the suspect from working within certain professions, living at home, and having access to children - including their own. Common conditions that the police impose are often unlawful, and our lawyers would consider your bail conditions to ensure that the police are imposing them in accordance with the law.
It is likely that the accused will be interviewed by the police, this can take place before examination, after examination or both. During this interview it is very important for the accused to be represented, particularly if they have accidentally accessed indecent material.
During the examination the police will will try to locate indecent material, web browser history, search term history and content of online conversations which may help to establish that the user has a sexual interest in under age pornographic material. If the images have come into a persons possession accidentally, and downloaded without knowledge then we would not expect the police to find any evidence of an interest, or that the material has been actively obtained and viewed.
Why should I instruct Eventum Legal for an Indecent Image Offence?
Having specialist representation is important. At Eventum Legal our lawyers have spent many years solely representing individuals accused of sexual offences, including indecent images, a common and very serious offence.
Prior to your interview we would have access to pre-interview disclosure which is a summary of the evidence or intelligence the police are relying on to regard you as a suspect. We will discuss this with you in detail beforehand, and before our attendance at the police station. In addition to the benefit of knowing exactly where you stand prior to your arrival at the police station, you will also know your lawyer, have built a relationship with them and feel confident in their ability to look after you. Using a duty solicitor can only add to the apprehension of the interview, as you will get very little time with them beforehand.
Many cases involving indecent images come down to the forensic evidence and what that says, but if you have a defence then raising this at the earliest opportunity is crucial, the police forensic team will consider what the suspect raises as a defence. We can assist you in making the best decisions in your case to ensure you are placed in the strongest legal position when faced accused of an indecent image offence.
Contact us today free of charge
to confidentially discuss your case. Our lawyers will based their advice on your personal circumstances and the specific facts of the allegations made against you. We can then determine the best way forwards to protect your reputation and future.
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