By punter99 - 20 Mar 24 10:47 AM
A new offence has been created in England and Wales, so what effect will it have on the courts, prisons and policing?
In Scotland, its been illegal since 2010, but 95% of reported offenders do not receive a conviction, so it will likely go one of two ways.
a) Hardly anyone bothers to report it, because they don't think the police will take it seriously, meaning very few will be convicted.
or
b) There will be lots of prosecutions, the courts will be overwhelmed and the judges will be told to stop sending people to prison for it, because the prisons can't cope.
Personally, I'm betting that it will be option (a).
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By JASB - 25 Mar 24 10:31 AM
+x+x+x+x[quote]A new offence has been created in England and Wales, so what effect will it have on the courts, prisons and policing? In Scotland, its been illegal since 2010, but 95% of reported offenders do not receive a conviction, so it will likely go one of two ways. a) Hardly anyone bothers to report it, because they don't think the police will take it seriously, meaning very few will be convicted. or b) There will be lots of prosecutions, the courts will be overwhelmed and the judges will be told to stop sending people to prison for it, because the prisons can't cope. Personally, I'm betting that it will be option (a). Hi In my opinion if he had not sent it to a "child" as well, not only would the reporting be different BUT the media / authorities would of either possibly disregarded it or not pushed the reporting of it. For clarity I would / do not condone the offence but it would of been interesting to observe the reaction if the offender had been female. This was an unusual situation. The person was an SO with previous convictions and his sentence reflects the breach of his SHPO as well as him being under a suspended sentence at the time. He used his fathers phone to send the images and told his dad that he was calling probation! I think that the reporting was mainly because it was the first ever prosecution for this offence in England. That's what made it newsworthy. Also the intention of the authorities was probably to send a deterrent message to other men. Because this is so common, most men probably don't even know that it's illegal. Okay, dissecting this a bit, so he had a SHPO and is a repeat offender during a suspended sentence - that in itself completely ups the ante in terms of new sentence. The sending a pic to a child, there’s already a law for that, so that’s not new. But, considering the situation he's already in, meant he would have gone to prison anyway. (Although how he previously got a community order for sexual activity leaves me baffled!?). So the single offence of cyber flash *to the adult* was probably just an aggravating factor among everything else? Rather than him specifically being jailed for that one offence. So we don't know what would happen if an adult offended against an adult and that being the only offence.
Although, how on earth they prove "sending a photograph or film of genitals to cause alarm, distress or humiliation" (from The Guardian) leaves me scratching my head.
Hi
I think I understand the point you are suggesting but all you have to do is read about other "scenarios" that are suggested cause the "effects" and you will see in this "new societal age" we live in EVERYTHING and ANYTHING possibly causes these emotional effects!
You see that now with the "children" of the Post Office shop mangers who are now challenging the Government, and basically claiming the same as the three words you quote!
All you have to do is get a solicitor and the media involved and the "authorities" will see a vote winning scenario.
In the end a psychologist would do an assessment to support the individual receiving the images claims.
I never chastise anyone for any offence but; as i have offered my opinion before on image offences, "an image" can and will create a victim, if it is not requested or permission given or legal for it to be taken. (sorry for the caveats  )
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