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MarcuSmith
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MarcuSmith - 19 Nov 25 2:06 PM
khafka - 19 Nov 25 12:11 PM
Evan Davis - 19 Nov 25 10:43 AM
khafka - 19 Nov 25 10:23 AM
Evan Davis - 19 Nov 25 9:30 AM
Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

This is interesting because I was advised when I was active that it does as I got caught up with it and got into a bit of a debate with Police Scotland around it. For me it was only a difference of a 'few months' but my overall point remains.

This may be the case in Scotland - Unlock's information and advice generally only covers England & Wales due to the differences in the legal systems of Scotland and NI. You might want to contact Next Chapter Scotland to check this - although I'd point out that their website does also state that a notification period does not affect whether/when a conviction becomes spent. See: Next Chapter Scotland - Sex Offenders Register (SOR)

In England & Wales, categorically the notification period has nothing to do with determining the "rehabilitation period" associated with a conviction.

It's all much of a muchness now. I've been off the registry and a 'free man' for a couple of years now but I remember showing this stuff to the Police and they were having none of it. So at the risk of picking my battles at the time and not rocking the boat when I was nearly done with my sentence I just left it.

Evan..thanks for the clarification. I have smiled today for the first time in weeks.

Khafka...looks like there are pros and cons with the Scottish system vs south of the border, as the actual 

...as the actual SOR length in Scotland does seem to be much shorter in a lot of cases.  I see SOR lengths of 1 year in Scotland but minimum 5 years in England and Wales if it's a community order.
MarcuSmith
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khafka - 19 Nov 25 12:11 PM
Evan Davis - 19 Nov 25 10:43 AM
khafka - 19 Nov 25 10:23 AM
Evan Davis - 19 Nov 25 9:30 AM
Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

This is interesting because I was advised when I was active that it does as I got caught up with it and got into a bit of a debate with Police Scotland around it. For me it was only a difference of a 'few months' but my overall point remains.

This may be the case in Scotland - Unlock's information and advice generally only covers England & Wales due to the differences in the legal systems of Scotland and NI. You might want to contact Next Chapter Scotland to check this - although I'd point out that their website does also state that a notification period does not affect whether/when a conviction becomes spent. See: Next Chapter Scotland - Sex Offenders Register (SOR)

In England & Wales, categorically the notification period has nothing to do with determining the "rehabilitation period" associated with a conviction.

It's all much of a muchness now. I've been off the registry and a 'free man' for a couple of years now but I remember showing this stuff to the Police and they were having none of it. So at the risk of picking my battles at the time and not rocking the boat when I was nearly done with my sentence I just left it.

Evan..thanks for the clarification. I have smiled today for the first time in weeks.

Khafka...looks like there are pros and cons with the Scottish system vs south of the border, as the actual 
khafka
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Evan Davis - 19 Nov 25 10:43 AM
khafka - 19 Nov 25 10:23 AM
Evan Davis - 19 Nov 25 9:30 AM
Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

This is interesting because I was advised when I was active that it does as I got caught up with it and got into a bit of a debate with Police Scotland around it. For me it was only a difference of a 'few months' but my overall point remains.

This may be the case in Scotland - Unlock's information and advice generally only covers England & Wales due to the differences in the legal systems of Scotland and NI. You might want to contact Next Chapter Scotland to check this - although I'd point out that their website does also state that a notification period does not affect whether/when a conviction becomes spent. See: Next Chapter Scotland - Sex Offenders Register (SOR)

In England & Wales, categorically the notification period has nothing to do with determining the "rehabilitation period" associated with a conviction.

It's all much of a muchness now. I've been off the registry and a 'free man' for a couple of years now but I remember showing this stuff to the Police and they were having none of it. So at the risk of picking my battles at the time and not rocking the boat when I was nearly done with my sentence I just left it.
Evan Davis
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khafka - 19 Nov 25 10:23 AM
Evan Davis - 19 Nov 25 9:30 AM
Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

This is interesting because I was advised when I was active that it does as I got caught up with it and got into a bit of a debate with Police Scotland around it. For me it was only a difference of a 'few months' but my overall point remains.

This may be the case in Scotland - Unlock's information and advice generally only covers England & Wales due to the differences in the legal systems of Scotland and NI. You might want to contact Next Chapter Scotland to check this - although I'd point out that their website does also state that a notification period does not affect whether/when a conviction becomes spent. See: Next Chapter Scotland - Sex Offenders Register (SOR)

In England & Wales, categorically the notification period has nothing to do with determining the "rehabilitation period" associated with a conviction.

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khafka
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Evan Davis - 19 Nov 25 9:30 AM
Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

This is interesting because I was advised when I was active that it does as I got caught up with it and got into a bit of a debate with Police Scotland around it. For me it was only a difference of a 'few months' but my overall point remains.
Evan Davis
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Just to be absolutely clear - the SOR (ie a Notification Requirement) does not affect the length of time a conviction takes to become spent.

@MarcuSmith: If you do not have a SHPO or other "relevant court order" (see Long list of sentences/disposals and how long it takes for them to become spent under the Rehabilitation of Offenders Act 1974 - Unlock) then your conviction will indeed become spent and thus not show on a Basic DBS check the day after your Community Order ends.

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All views, opinions & contributions are my own and do not represent the views of Unlock unless specifically stated.

MarcuSmith
MarcuSmith
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expatofff - 11 Nov 25 12:04 AM
MarcuSmith - 9 Nov 25 9:33 PM
Richie - 9 Nov 25 4:49 PM
MarcuSmith - 7 Nov 25 4:46 PM
JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


Even if you hadn't informed your employer they may well still have found out.  These things have a way of getting out. Also if you ever wanted to change job you would have come unstuck as DBS checks in finance are often a standard check rather than a basic check which means your conviction appears even when spent.

You can rebuild your life. I was a senior manager for a corporate company prior to my conviction.  I now run my own business. The restrictions of a conviction dont help you find a job easily but their are opportunities out there if you look.

You need to remain positive. If there was no press coverage dont tell anyone unless they need to know. This maybe because the police will tell them (ie a new relationship).

Thanks for the advice.  Even with a clean basic DBS I'll still have the SOR until 2029.  And then there will be the gaps in employment and the gross misconduct dismissal.  It's a horror show to be honest, and when I opened that voluntary interview letter last year I knew instantly my life would change irrevocably. I've not worn the smart suit or shoes since I went sick never to return.  It's like living in a constant bad dream where sleep is the only respite.  It doesn't matter a jot that I made an error of judgment, the conviction is unambiguous...sexual assault which is about as bad as it gets, especially in this day and age.  I think 10 to 15 years ago this would not have become a police matter.  Whether for right or wrong women feel much more emboldened to resort to the police. I see that men are now getting records for pinching women's bottoms on a drunken night out..something that would have resulted in no more than a slap 10 or 15 years ago.  The problem with this country's criminal justice system is that people are written off after a first offence...for sex offenders the concept of a 2nd chance just doesn't exist. If we were still in the EU I would be heading for the Netherlands or Germany where my offence would not have resulted in a lifelong punishment.

Hi,

Your conviction won't be spent while you're on the SOR, unless things have changed, even for a basic DBS check.

Hi, I'm on the SOR but no SHPO.  My order is due to end November 2026.  I was led to believe that the DBS basic would therefore be blank. I'm completely crestfallen to see that's apparently not the case.  It certainly doesn't help people move on as it's supposed to be just a notification tool for the police.  This disconnect between the spent status of a conviction and the lengthier requirements of the SOR seems to be a real barrier for people but I suspect it's all deliberate to be honest.
expatofff
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MarcuSmith - 9 Nov 25 9:33 PM
Richie - 9 Nov 25 4:49 PM
MarcuSmith - 7 Nov 25 4:46 PM
JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


Even if you hadn't informed your employer they may well still have found out.  These things have a way of getting out. Also if you ever wanted to change job you would have come unstuck as DBS checks in finance are often a standard check rather than a basic check which means your conviction appears even when spent.

You can rebuild your life. I was a senior manager for a corporate company prior to my conviction.  I now run my own business. The restrictions of a conviction dont help you find a job easily but their are opportunities out there if you look.

You need to remain positive. If there was no press coverage dont tell anyone unless they need to know. This maybe because the police will tell them (ie a new relationship).

Thanks for the advice.  Even with a clean basic DBS I'll still have the SOR until 2029.  And then there will be the gaps in employment and the gross misconduct dismissal.  It's a horror show to be honest, and when I opened that voluntary interview letter last year I knew instantly my life would change irrevocably. I've not worn the smart suit or shoes since I went sick never to return.  It's like living in a constant bad dream where sleep is the only respite.  It doesn't matter a jot that I made an error of judgment, the conviction is unambiguous...sexual assault which is about as bad as it gets, especially in this day and age.  I think 10 to 15 years ago this would not have become a police matter.  Whether for right or wrong women feel much more emboldened to resort to the police. I see that men are now getting records for pinching women's bottoms on a drunken night out..something that would have resulted in no more than a slap 10 or 15 years ago.  The problem with this country's criminal justice system is that people are written off after a first offence...for sex offenders the concept of a 2nd chance just doesn't exist. If we were still in the EU I would be heading for the Netherlands or Germany where my offence would not have resulted in a lifelong punishment.

Hi,

Your conviction won't be spent while you're on the SOR, unless things have changed, even for a basic DBS check.
MarcuSmith
MarcuSmith
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Richie - 9 Nov 25 4:49 PM
MarcuSmith - 7 Nov 25 4:46 PM
JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


Even if you hadn't informed your employer they may well still have found out.  These things have a way of getting out. Also if you ever wanted to change job you would have come unstuck as DBS checks in finance are often a standard check rather than a basic check which means your conviction appears even when spent.

You can rebuild your life. I was a senior manager for a corporate company prior to my conviction.  I now run my own business. The restrictions of a conviction dont help you find a job easily but their are opportunities out there if you look.

You need to remain positive. If there was no press coverage dont tell anyone unless they need to know. This maybe because the police will tell them (ie a new relationship).

Thanks for the advice.  Even with a clean basic DBS I'll still have the SOR until 2029.  And then there will be the gaps in employment and the gross misconduct dismissal.  It's a horror show to be honest, and when I opened that voluntary interview letter last year I knew instantly my life would change irrevocably. I've not worn the smart suit or shoes since I went sick never to return.  It's like living in a constant bad dream where sleep is the only respite.  It doesn't matter a jot that I made an error of judgment, the conviction is unambiguous...sexual assault which is about as bad as it gets, especially in this day and age.  I think 10 to 15 years ago this would not have become a police matter.  Whether for right or wrong women feel much more emboldened to resort to the police. I see that men are now getting records for pinching women's bottoms on a drunken night out..something that would have resulted in no more than a slap 10 or 15 years ago.  The problem with this country's criminal justice system is that people are written off after a first offence...for sex offenders the concept of a 2nd chance just doesn't exist. If we were still in the EU I would be heading for the Netherlands or Germany where my offence would not have resulted in a lifelong punishment.

Richard
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MarcuSmith - 7 Nov 25 4:46 PM
JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


Even if you hadn't informed your employer they may well still have found out.  These things have a way of getting out. Also if you ever wanted to change job you would have come unstuck as DBS checks in finance are often a standard check rather than a basic check which means your conviction appears even when spent.

You can rebuild your life. I was a senior manager for a corporate company prior to my conviction.  I now run my own business. The restrictions of a conviction dont help you find a job easily but their are opportunities out there if you look.

You need to remain positive. If there was no press coverage dont tell anyone unless they need to know. This maybe because the police will tell them (ie a new relationship).
MarcuSmith
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MarcuSmith - 7 Nov 25 4:46 PM
JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


I meant NO reporting restrictions....
MarcuSmith
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JASB - 4 Nov 25 4:25 PM
MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.



In terms of sharing with friends and family they all know, and they can see this was a result of reckless behaviour but was not driven my a desire to hurt anyone. But my actions did cause harm and it's because I was only thinking about self-gratification. Basically I thought it was a massage with extras based on my appointment the week before and similar experiences.  I even had the money in my pocket. It was a massive misunderstanding for which I will pay a lifetime price.

Everything is obviously clearer on hindsight and I wish I'd never gone sick nor informed my employer..I'd still have a job as there were reporting restrictions.  The police and probation have also both said it would have been better had you somehow kept your job. Everyone can see what's gone on, and whilst not excusing my behaviour, this happened during a naked massage. I'm of no risk to the wider public, hence no SHPO.  As mentioned, having a senior manager from my employer in the court is disastrous...I simply can never work in finance again.  I didn't manage this whole episode at all well from start to finish.  A job is a precious thing, especially a well-paid one in the City which is gone. Had I shown a bit more backbone and resilience I believe I would still have it.  I've learnt the hard way that it takes years of effort, studying, working to build a comfortable and happy life, and a good reputation. I threw this away in the space of 20 seconds.


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MarcuSmith - 2 Nov 25 9:04 PM
In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.

Hi
Like the majority of the individuals registered here you will be starting a process that will eat at you day and night for a long time. Therefore having gone through this process for many years, upon reading your post I tend to reply by focusing on how you must and can manage your emotions and so "forgive yourself". That is an important barrier you must and are able to do.

Also remember not to confuse "guilt and shame". "Guilt" comes from being caught doing what society (morals) says is wrong whereas "Shame" is admitting to others you have done something wrong.
Reading your words the legal process has taken you through the guilt stage as you have been convicted and started your punishment. Now unless you can prove a miscarriage of justice, put that "time" to one side.  The "shame" emotion started when you had to began informing others. There is and hopefully you see, there is a difference. 

At times informing "strangers" ie work, can be more embarrassing than telling your family and close friends. This is because you believe those close will believe your words and provide sympathy and support. "Strangers" on the other hand are different because you have the experience of hearing their reactions at work when reading "rags" like the Sun. 

For now though you must focus on yourself; be that mental health, self belief and confidence but mainly believing there is a future for you. The decision you must decide on is what sort of future that will be.

No matter the order and manner of the events and actions that led you to not make a "controlled" decision at the parlour, it has happened and you cannot change that. You now have to accept that and try to understand what in your "life" persuaded you to do so. That answer will be your starting point. 

Please understand that once you start the process of "understanding yourself" you will find you are able to discuss your offence in a manor that "others" will see and believe, you are on that long and very hard to demonstrate, path of rehabilitation and better life.

Believe in yourself and others will also.




Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

MarcuSmith
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AB2014 - 4 Nov 25 9:27 AM
Thanks for sharing. I have to say that if you had decided to answer questions instead of making that statement, they would have asked questions aimed at getting the information they needed to secure a conviction, so you would probably still be in the same situation, so don't beat yourself up over it. After all, you've probably had enough trauma for one lifetime.

When probation and the police said there would have been no problem continuing your employment there, what they probably meant was that they wouldn't have had a problem with you working there. As you suspected, your employer might well have seen it differently.

So, for the time being, you have an unspent conviction to disclose, but only if you are asked, or if probation or the police direct you to disclose. Other than that, you could contact Clean Sheet, as they might be able to offer some support. Also, there are a few employers on the Ban the Box list who state clearly that they don't ask. Once your five years are up and your conviction is spent (assuming your SHPO isn't for longer, which it shouldn't be), you can stop disclosing even when you are asked for jobs that have a basic DBS check. If you're good with numbers, you could retrain as a book-keeper or accounting technician, as they have basic DBS checks, but the choice is yours. Once your time is up, probation and then the police will lose interest in you, as you're no longer on their caseload.

Thanks for the constructive replies so far.  I think this is probably the only place where people like us can form a community to try and turn our lives around.  To clarify, I didn't get an SHPO, just 5 years SOR and a high-level community order which will be spent at the end of next year.  As my offence was a contact one I've already had 3 PPU visits along with monthly probation meetings and the building choices programme.  There was no publicity in my case, although most people in my former employer would know about it as well as my SOR status. I'm angry because this was unnecessary and avoidable 
..having a senior manager from work once the court is a nightmare.  My gut feeling was to simply go back into work after sentencing and just say I'd had a breakdown..the doctor's notes backed this up. There's no way they would have found out.  Maybe I shouldn't say this but this should serve as a warning about informing your employer even if you're contractually obliged to do so.  In the end I was sacked because of reputation risk and the perceived threat to other female colleagues, a nonsense as the case wasn't reported and not a single complaint had ever been made against me in 20 years of working. This happened outside of work but this is 2025 and once informing you're buggered basically.   So, my main 2 problems are that a lot of former colleagues know and the City is a close-knit industry than people realise.  The other probation is that my reference will state contract terminated for gross misconduct.  This just shows that either resigning or keeping stum might be the best options especially given the barriers already in our way.  I'm currently unemployed but need to find something soon just to prevent a bankruptcy (let's just say I wasn't careful with my money in London).







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Thanks for sharing. I have to say that if you had decided to answer questions instead of making that statement, they would have asked questions aimed at getting the information they needed to secure a conviction, so you would probably still be in the same situation, so don't beat yourself up over it. After all, you've probably had enough trauma for one lifetime.

When probation and the police said there would have been no problem continuing your employment there, what they probably meant was that they wouldn't have had a problem with you working there. As you suspected, your employer might well have seen it differently.

So, for the time being, you have an unspent conviction to disclose, but only if you are asked, or if probation or the police direct you to disclose. Other than that, you could contact Clean Sheet, as they might be able to offer some support. Also, there are a few employers on the Ban the Box list who state clearly that they don't ask. Once your five years are up and your conviction is spent (assuming your SHPO isn't for longer, which it shouldn't be), you can stop disclosing even when you are asked for jobs that have a basic DBS check. If you're good with numbers, you could retrain as a book-keeper or accounting technician, as they have basic DBS checks, but the choice is yours. Once your time is up, probation and then the police will lose interest in you, as you're no longer on their caseload.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

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Thanks for sharing your story, it sounds to me like you were poorly advised by the duty solicitor to say the least. I hope you find useful advice and support from others in a similar situation.
MarcuSmith
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In 2023 was convicted of sexual assault by touching after making a disastrous assumption during a massage at a spa. I am now partially through a community order, with 4 years left on the SOR. At the time I was working in the City and living in London, basically having a great time and enjoying life as a middle-aged single guy. I have since lost everything and am unemployed.

After receiving a letter requesting a voluntary interview I opted for the duty solicitor. I had managed to make it through work in the 2 weeks between the letter arriving and the police interview, but the following day after the police interview I went sick never to return to work there again. The duty solicitor arrived late at the station on the day of the interview and his first words were that an out of court disposal (I.e. caution) was a strong possibility. We spoke for over an hour and he determined that by making a written statement admitting the offence and doing a no comment interview I would likely get a caution. I was very unsure about this because I knew my offence was not driven by malice or harm, but more as a result of a misunderstanding based on an appointment with the same masseuse the week earlier. Reluctantly I took his advice and hoped the police would then issue the caution. It didn't happen. The duty solicitor did say it wasn't a guarantee but had I known that I would have answered the questions honestly. I think an explanation of events may have obtained a caution anyway. Mortified and now in deep anxiety and fear I knew it had backfired miserably, and I duly received the court charge 2 weeks later. I felt completely let down by the advice.

I then proceeded to seek out professional legal advice but it was clear I was bound by the written confession, so pleaded guilty at magistrates court where they decided to keep the case there for sentencing, so a custodial sentence was now unlikely. There would be another 6 weeks until sentencing pending a pre-sentence report. I remained signed off from work which was very unusual for me as I very rarely took sick days and loved my job. My employer had no idea at this stage. 2 weeks before sentencing my legal friend and barrister advised that, per my contract, I was obliged to tell my employer. My gut feeling was to ignore this and wait another 2 weeks to see the sentencing outcome before deciding what to do. But I was being pressurised by the legal friend and barrister to inform them by letter. My gut feeling was that this would not only end my employment but also my professional working career. As it happened the sentencing was adjourned for another 6 weeks, by which time I would have been signed off for 4 months...the GP had no problem doing this as I was basically on the verge of a breakdown. I still hadn't informed my employer and my gut feeling once again told me i should hold off and take advantage of the sick note. My legal team were aghast and said I was committing sick pay fraud. Technically yes I suppose but I was genuinely sick with severe anxiety and felt I had earnt this time to wait for the legal outcome before deciding what to do. However, it was becoming clear my legal team were not on my side, threatening to abandon me unless I informed my employer and obeyed their instructions. By this time I was so anxious that I reluctantly sent my employer a letter prepared by them detailing the sordid details . I sent this 4 weeks before sentencing. I knew sending that letter would spell the end of my career but I was in such an anxious state. As it turned out they abandoned me anyway the day before and I had to appoint a new solicitor. My gut feeling was that I had made a grave error.. either resign or go back into work after sentencing assuming I would get a community order, but don't tell them despite the employment contract saying I must. It was a disastrous decision to tell them and it's clear the letter contained far too many details they didn't need to know. Fast forward to day of sentencing and although there were reporting restrictions the only people present were my mum and dad and a close friend of mine. However there was also another man in the public gallery who none of us recognised. It turns out it was a very senior manager from my employer. My letter had given the court date. I found out during the disciplinary process at work that they had decided to put an investigator in the court. I knew that his very presence there had effectively destroyed my career..word gets around and I am now effectively blacklisted. I was eventually sacked for gross misconduct. A misunderstanding during an intimate massage had snowballed completely out of control. I am now jobless, penniless, without hope for the future. I was living the life of Reilly before this and my existence now is the mirror opposite. We're all responsible for our own actions and I was reckless and very presumptuous, although the court acknowledged there was no evidence of deliberate harm. But if this was supposed to be a caution at the station I can't help but feel very hard done by..especially as there is nothing previous on my record. My probation officer and PPU have both said there would have been no problem continuing my employment there.

I'm starting to realise the very severe impact of a sexual conviction, and I feel as though nobody in the process is truly on your side. Telling my employer in the way I did was a disaster...who else has their employer in court?!. It's a mess but ultimately I'm responsible for my actions but I am paying a very dear price. That's not to say i am oblivious to the harm done to the masseuse..she was upset and I'm sorry for that. The last thing I wanted to do was hurt her or anyone. My behaviour there was influenced by similar experiences in similar spas ..I just completely misread it. No excuses..I'm responsible for my actions. The world of finance is closed to me now along with other careers due to the nature of the conviction. I'm middle-aged and only know finance. The future is very bleak indeed.
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