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Hi Jomo. Got a Lawyer at last, but wondered if I could ask…

Hi Jomo. Got a Lawyer...
Hi Jomo. Got a Lawyer at last, but wondered if I could ask you a question about something (not sure if you remember me at all).
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6/24/2010
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,520
Experience: Over 5 years in practice.
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Customer reply replied 8 years ago

This relates to a text message I sent requesting a prostitute to masterbate my 3yr old son, which I did not intend to do, and sent soley for the reason of offending / hurting the woman.

 

I have now been sent the charge sheet, which reads:

 

"On between 23rd October 2009 and 19th November 2009 at Woking in the County of Surrey attempted to arrange or facilitated an act which you intended another person to do in any part of the world namely Woking in the County of Surrey which would involve the commission of an offence under any section under 9 to 13 of the Sexual Offences Act 2003 namely cause or incite a child to engage in sexual activity with a child

 

Contary to section 1(1) of the criminal attempts act 1982"

 

Then, the part "cause or incite a child to engage in sexual activity with a child" has been changed to "cause or incite a person to engage in sexual activity with a child"

With the word "person" handwriten under the word child.

 

I cannot find the offence "cause or incite a person to engage in sexual activity with a child" in the Sexual Offences Act 2003 ?

 

Is this a valid Charge ?

Why do you think this is not a valid charge?
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Customer reply replied 8 years ago

Just found it odd that the word "child" had been crossed out and that the word "person" had been writen underneath. Also, I was not trying to incite a child to do anything. The person I sent the text message to was aged over 18 and not mentally handicapped.

 

Take your point though. It's a valid charge then? WIth no ambiguity or dicussion?

Actually, thats not a bad point.

 

you did not incite a child to do anything. Nothing actually happened and so you did not cause a child to do anything. Your incitement was to the adult which does not seem to be covered.

 

S11 and S12 do not apply as no activity took place so you did not cause a child to watch.

 

You might be onto something there.

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,520
Experience: Over 5 years in practice.
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Customer reply replied 8 years ago
Thank you do much as always. Just I thought the charge was odd. I won't ask if you're sure about it, as I know nothing is binding here and I wouldn't expect you to, but maybe I have a chance?

 

You have a chance on that particular indictment certainly. I cannot immediately think what it could be amended to either. The crown do sometimes bring the wrong charge and then try to alter it later.

 

I suppose they could bring some form of attempted sexual offence although thats quite weak here.

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Customer reply replied 8 years ago

I forgot to ask you yesterday, I was arrested for three ofences in November last year.

 

- the offence I asked you about yesterday

- the images

- me masterbating with a prostitute whilst my son was in the same room asleep (which I denied).

 

I have only been charged with the text message, no other charges.

 

If, and only if, this chrage is dropped or I win, can the Police then charge me with the other two, or indeed use evidence gained in the other two offences ?

They can amend their charge at any time up to the close of their case and with the court's permission thereafter. Its likely that they would amend the charges at some point to more appropriate charges.

 

After verdict though, they won't bring fresh charges unless there is a completely fresh allegation.

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