The Hysteria's in full bloom.
Clambering over every sector of society, driving its tendrils into the judiciary, weakening the mortar of reason that kept us from collapsing into anarchy. The pungent scent is positively evil.
Paedophilia, at least the practice of it, the act of sexual behaviour towards a pre-pubescent child is abhorrent; I don’t think anyone – even the only paedophile I have ever knowingly met, a very unhappy young man in north wales who was, at the time, appealing for funds for treatment to rid himself of his illegal urges – would disagree with that.
However, the current hysteria regarding the media depiction of paedophilia, whilst mildly amusing when it manages to encompass remorseful middle aged matrons claiming compensation for a pat on the backside from minor rock royalty ‘three days before their 16th birthday’ that they were once proud of, is having a disastrous effect on society’s sanity and leading us down a totalitarian path.
This morning I was sent a link to a respectable legal web site: Legal Cheek – the link concerned a case before the Court of Appeal this week of a young law student who had ‘slapped a sleeping woman round the face with his penis’. Careful, you may end up, as I did, guilty of ‘thought crime’ within the meaning of section 63 if your mind wants to work things out to their logical conclusion as mine does – Mr G is a 1,000 miles away in England, that’s my excuse.
‘How the heck did he manage that’?, demanded my ever inquisitive mind. Slapped, not touched. He maintained (and there was photographic evidence) that the act was not sexual, since his penis was flaccid. My right hand moved from right to left in a slapping motion – well, in order to slap, he, er, must have a penis considerably longer than the width of my hand, considerably longer. You need a certain amount of excess in order to achieve a ‘slap’.
He may not have a future as a lawyer, and quite right too, the last thing we need is yet another impecunious criminal lawyer who doesn’t know when an act is against the law – but he certainly has a star-studded future as a porn star. Was I guilty of a ‘thought crime’ – was the act of imagining this sexual offence the first step to a future as a sexual offender?
You might think so this week from the outcome of another court case in Middlesborough. There, Robul Hoque was found guilty (for the second time) of ‘thought crime’. He had turned his sexual fantasising into computer generated cartoons which depicted ‘incest and child abuse’ – with great difficulty I would imagine.
I mean how precisely – and the law must be precise – do you prove that two computer cartoons are related to each other; are we talking lineal consanguinity here, or collateral? Do you measure the hexadecimal notation of the skin tone, or is a shared Cthulhun appearance sufficient? What about defining age? Does the gestation period from first ‘twinkle in your eye’ count, or is a cartoon only born when you lift your pen from your bamboo tablet for the last time? If that provably turned out to be 18 years ago, is that cartoon now legal?
The justification for outlawing porn depicting children was that in order to exist a child had been abused, and that even copying – or ‘making’ as the law terms downloading – was wrong because it encouraged the industry that abused children. Fair enough.
But a cartoon, of a fantasy? What is the matter with us? Every night we sit in front of a television satiated with images of murders; is that encouraging us to commit murder (some might argue yes!)? Are the makers of TV documentaries about the Great Train Robbers encouraging us all to go out and find a handy mail train? There was no perpetrator in this offence, and no victim.
At least where Andrew Holland was concerned there was a faint whiff of a victim, very faint mind you. He was charged with being in possession of extreme porn, to whit, a video sent to him as a joke by a friend which the CPS felt came within the remit of ‘bestiality’. A woman who apparently had a tiger in her tank.
Nothing about this case was as disturbing as the fact that the CPS, who you might have thought would be fairly inured to such matters, had declined to actually view the video, just waved the smelling salts under their noses and instructed counsel to prosecute.
The Judge at Mold Crown Court was a more curious fellow and demanded to see the video, complete with sound track, and was somewhat perplexed when said tiger turned to the lady at the end of his exertions and said ‘That was Grrrreat’, as any gentleman should. Gentleman? A talking tiger? There is something sadly amiss with this supposed example of Zoophilia? It was, as we now know, a man in a tiger outfit…
18 months later, the DPP accepted that there was no case to answer, and Mr Holland was dismissed, an innocent man – but not before his reputation had been throughly trashed across the front pages of the national papers. His lawyers are now demanding that the DPP review section 63 of The Criminal Justice and Immigration Act 2008 before anyone else undergoes such an unpleasant experience. There is an excellent resume of the history of this case HERE.
Does any of this matter, beyond being the subject of outRAAAAGE on Twitter? Yes, it does. Such is the rampant hysteria, and so entrenched has become the gender based ideology that men are a danger, and all men are but one fortuitous step away from being sex offenders, that it is having a deleterious effect on family law.
Section 11 of the Children and Families Act 2014 is intended to amend, enlarge, whatever you want to call it, Section 1 of the Children Act 1989 to define what could be termed the ‘presumption of parental involvement’ following a family breakdown. Since the majority of children, for a variety of perfectly sound reasons, will live their future life with a single parent – their Mother – we are talking in general terms about the amount of contact, if any, they will have with their Father. A member of that deadly dangerous clan – Men.
It is worth reading exInjuria‘s superb and detailed post on the passage of that ‘presumption of parental involvement’ as it battled its way across the ideological landscape of consultations, parliamentary debate, and media speculation to emerge wounded and weakened as ‘involvement of some kind, either direct or indirect, but not any particular division of a child’s time’.
A parent was redefined as someone who could be involved in his child’s life only if it did not put the child at risk of suffering harm. Not direct harm, mind you, but the harm that could be suffered as a result of conflict between the parents…
I don’t presume to paraphrase any more of exInjuria‘s post beyond noting that any Father who can manage to get divorced without incurring conflict with the ‘other parent’ is a genius.
Should he manage to prove to a court’s satisfaction that he has done so, in these days of cuts to legal aid, he will have battled the malign ideologically opposed forces of child counsellors, psychologists, CAFCASS officials, and the police – all of whom have been conditioned to #Ibelieveher when she says he is a danger to my child.
He will have done so, not with the aid of an experienced family law practitioner – but that of a ‘widget’ embedded on the websites of a number of charitable support organisations offering links to helpful information – and the dubious assistance of a£2m network comprised of CAFCASS – and some pro-bono law students.
The sort of people who go round slapping sleeping women with their penis and not realising that this might be an offence injurious to their future career – in the law, at least.
Sheesh!
- Robert the Biker
October 28, 2014 at 10:28 am -
Wellll…..the woman in question might have been ‘bigging up’ the slapping bit for the court and the papers, perhaps it was really more of a mild prod around one ear. Of course, to state that, she would have had to admit that her boyfriend wasn’t all that in the stallion stakes!
- windsock
October 28, 2014 at 10:42 am - Moor Larkin
October 28, 2014 at 11:07 am -
The real mystery about Robul is why he pleaded guilty.
- Robert the Biker
October 28, 2014 at 11:19 am -
Probably told by his brief and the supposedly ‘independent’ members of our justice system just what it would cost to defend a case where merely being male was as good as a guilty plea
- Moor Larkin
October 28, 2014 at 1:04 pm -
Surely being named Robul Hoque would have gone in his favour….
- Moor Larkin
- Robert the Biker
- Chris
October 28, 2014 at 11:24 am -
I’m presuming Robul isn’t too bright… another angle is if the police come at somebody stating something is categorically a crime and they are backed up by the CPS, it will take more than an office of legal-aiders to fight it.
https://www.youtube.com/watch?v=nXlSmLVoblE- Moor Larkin
October 28, 2014 at 12:28 pm -
I guess his Prior left him little hope. The law does seem to have been used in a more merciful way though. He’s got suspended time and now everyone else knows that such drawings are unacceptable and will not be tolerated. What will be most interesting is what the next one nicked gets. The warning to Society has been issued.
- Moor Larkin
- Chris
October 28, 2014 at 11:59 am -
Just been alerted to this case – and look who the prosecution was
http://www.bournemouthecho.co.uk/news/11560266.Rock_singer_who_falsely_imprisoned_girl_in_hotel_room_40_years_ago_given_community_service/- Moor Larkin
October 28, 2014 at 12:26 pm -
Blinded by the light
- AdrianS
October 28, 2014 at 7:51 pm -
Sounds like he wasn’t a joybringer
- AdrianS
- Moor Larkin
- The Blocked Dwarf
October 28, 2014 at 12:01 pm -
I think -not being any kind of legal mind- that the sense (if there be) behind the outlawing of cartoon kiddy porn was the fact that anyone can take a kiddy porn pic and convert it to a drawing or cartoon in seconds thanks to photoshop -other photo editors are available. The resulting ‘drawing’ would have served its purpose as a masturbatory aid just as well as, if not better ( many paedophiles being quite cultured men) than, any photo. The possession of the original photo would have been an offence, as was-I think- scanning it in, but the possession of the resulting cartoon/drawing would have been perfectly legal.
I am happy to be corrected by those who know more about the law than I.
- Moor Larkin
October 28, 2014 at 12:25 pm -
Masturbation is the crime?
- Chris
October 28, 2014 at 1:04 pm -
Back in more enlightened times, I had a T-shirt like this
http://teenormous.com/t-shirts/Masturbating-Is-Not-A-Crime-T-Shirt-by-BeWild-921696
- Chris
- myykk
October 28, 2014 at 4:49 pm -
No it wouldn’t. By virtue of a 2009 bill from the masterful Jack Straw at the ministry of justice, any unreal (drawing,cartoon, psainting, computer graphic… porn image of a person under 18 (we have Blunkett in his 2003 law when he was home secretary, to thank for moving all these offenses from under to over consensual age) privately possessed can end in prosecution. So having a pic of a mooning Bart Simpson might lead to a possible prison sentence and being known forever as a paedophile. Thus New Labour , ably supported by the useless Tories, criminalized a way for paedos to satisfy their abhorrent urges legally without resorting to abusing real kids. Tiger porn madness rests with Blunkett and Straw as well (2008 Criminal justice and immigration act).
- eric hardcastle
October 28, 2014 at 5:20 pm -
A man was jailed in Perth in West Australia about 4 years ago for having porn pics of Bart & Lisa Simpson. But I’ve been watching that show for 20 years now so Bart & Lisa must be in their 20s and of legal age.
- Amfortas
October 29, 2014 at 4:09 am -
“”The resulting ‘drawing’ would have served its purpose as a masturbatory aid just as well as, if not better ( many paedophiles being quite cultured men) than, any photo.””
Masturbatory aid??? Cultured?? Some of us move in not quite so convoluted circles.
- Moor Larkin
- Duncan Disorderly
October 28, 2014 at 2:03 pm -
The alleged tiger shagging porn boggles the mind. Did the CPS seriously think a woman found an incredibly rare, ferocious apex predator and shagged it?
- JuliaM
October 29, 2014 at 9:17 am -
Should’ve gone to Specsavers…
- CF
October 31, 2014 at 3:23 pm -
In the Holland case, in the Factual History summary on the obscenity lawyer’s web site, it notes that originally Holland “was arrested and … on suspicion of being in possession of indecent images of children”. It does seem that between the original arrest in June and the charge in October, the police spent the time trawling through his various storage devices, and finding no images to justify the original arrest, settled on the two videos (not involving children), at least one of which had been sent to him (although there is no suggestion that the sender was also prosecuted). There is nothing to say why Holland was suspected in the first place.
- JuliaM
- The blocked dwarf
October 28, 2014 at 2:52 pm -
“appealing for funds for treatment to rid himself of his illegal urges .”
Am I the only one who finds that disturbing? The fact that he considered his sexuality/sexual preference to be an illness requiring ‘treatment’? It’s not so very long ago that homosexuals were ‘cured’ with electroshocks and homosexuality was classified as a psychiatric disorder. The only ‘treatment’ is having the strength of character not to act on those urges. Or as one Paedo put it “I’m a paedo, live with it, I do!” (although in the end he didn’t, choosing to end the urges he had felt since before puberty with a 9mm lobotomy).
The word ‘hero’ gets abused almost daily so I shall abuse it some more (and what happened to ‘heroine’ ?). Running around a track at speed does not a hero make, nor does getting blown up by an IED. Some of the bravest, most heroic people are those who refuse to act upon their sexuality, who lift themselves above their animal instincts. The limbic may command but the cerebellum controls.
- Joe Public
October 28, 2014 at 3:43 pm -
Presumably, John Luke Dale couldn’t invoke the “Max Clifford defence”.
- Ms Mildred
October 28, 2014 at 4:06 pm -
There seem to be some very odd things have gone on with attempts to protect children. Also children are being freaked out by parents who are obsessed with the risks of playing in the street. Two under ten boys, being overlooked by another mum, ran into the house, very excited, that 2 men had invited them to go with them. They loudly shouted ‘NO’ and the overlooker mum intervened, and the men melted away. I wonder are kids wound up by this feverish parental obsession? Did the blokes just say ‘HI boys’and the lads thought it would be fun to shout NO, as instructed, and see what happened. Nothing like winding up an over overlooker/ anxious mum..as I used to do! Of course we got accosted’ as we played quite often, but it did not get into a newspaper as ‘news’. We just ran like hell and calmly carried on with beneficial play ,free from adult interference.
- Peter Raite
October 31, 2014 at 1:49 pm -
We shouldn’t forget that poor Stefan Kiszko ordeal began precisely because four teenaged girls lied “for a lauigh” that he had flashed them. Even after he was exonerated and released, they – as grown adults – refused to apologise.
- Peter Raite
- Jim Bates
October 28, 2014 at 4:40 pm -
People generally think that accessing the internet is like looking down a loooong telescope through all the various connections (radio waves, fibre-optic, copper wires, wet string etc.) to their target of interest. Whereas what actually happens is that the data is collected on to their own computer and only then fed (in an appropriately sequenced process) to their screen.
Thus what they see on their screen is actually on their computer at the time they see it and may therefore be described as having been copied (or ‘made’). The problem is then to determine the context behind the presence of the image(s). Was it deliberately selected (with knowledge aforethought)? Or was it accidental, or was it a malicious insertion from a third party? Had they even seen it?
Some years ago I tried to illustrate this by embedding a picture within a page of text. I shrank the picture to a size of 1×1 pixels and it then appeared on screen like a slightly misplaced full stop. When this page was accessed via the internet, the user would notice nothing untoward when the text was displayed. However, the picture could easily be found (at full size) within the temporary internet files area on the computer. Thus an overzealous police ‘investigator’ could quite truthfully say that the picture was on the computer and it had been copied. “Case closed m’lud.”The picture involved was a portrait of me so I suppose I was taking a bit of a risk.
- Jonathan Mason
October 28, 2014 at 7:23 pm -
As I somewhat distant observer from Florida and the Dominican Republic, I find the UK legal system pretty bizarre when it comes to sex cases. Here in Florida it is doubtful whether the LeVell, Harris, Hall, Clifford, Roach, or even the Ched Evans cases would ever have come to court at all, let alone led to custodial sentences. Either the statute of limitations would have applied or else the matter would have been settled in plea bargaining before the matter came to court. In the Dominican Republic, there would have been some kind of out-of-court settlement of the allegations, which would probably have been regarded more as a civil than criminal matter.
In most of these UK cases the quality of the defense counsel seems to have been very poor, especially the Harris case. In the Evans case he was convicted on the basis of his own testimony given to police without legal counsel and there were massive unexplained contradictions in the way Evans was convicted, but his friend who testified on Evans’ behalf that the woman consented to sex with Evans was found not guilty, even though the jury apparently disbelieved this part of his testimony.
One can kind of see why the jury might have convicted Evans but not Clayton, as the woman consented to go to the hotel room with Clayton and Evans arrived later, but then the judge muddied the waters by stating that the victim was too drunk to consent to sex with Evans, without explaining how she could consent to Clayton but not to Evans.
There is a pretty detailed summary of the grounds for appeal here (link below), but one thing that sticks out is the judge’s opinion that the victim might suffer psychological damage even though she had no memory of what had happened that night. Not sure how he figured that out!
https://www.crimeline.info/case/r-v-ched-evans-chedwyn-evans
When the UK Court of Appeal has been involved, as in the Stuart Hall case, their legal reasoning has been far from clear. For instance they have never explained how Hall’s public condemnation of the allegations outside Preston Crown Court could be considered an aggravating factor in the matter of some of the allegations that had yet to be brought, and yet the Court of Appeal was generally complimentary about the findings and summing of the judge in the Hall case, and yet DOUBLED his sentence, thus totally negating the legal reasoning given by the judge based on a new interpretation of the law that could not have been known in advance.
- Jonathan Mason
October 28, 2014 at 7:24 pm -
Sorry the friend’s full name is Clayton McDonald.
- myykk
October 28, 2014 at 9:42 pm -
The Evans case does indeed seem incoherent. It hinges on the woman being too drunk to consent. With the first man she was apparently not too drunk , not long afterwards she apparently was – which is what got Evans a rape conviction. I think Evans will probably win his appeal.
- Peter Raite
October 31, 2014 at 2:00 pm -
I honestly think that the individual members of the jury couldn’t wrap their heads round the idea that a woman might willingly consent to sex with two strangers in rapid succession, and in the same hotel room at that. “Oh, she can’t possibly have been that much of a slapper, so she must have been too drunk for the second!”
- Peter Raite
- Jonathan Mason
- Moor Larkin
October 28, 2014 at 7:39 pm -
Tracked down the original charges in the Tiger case.
Andrew Robert Holland, 47, is accused of possessing an extreme pornographic image which portrayed a person performing an act of intercourse with a tiger which was grossly offensive, disgusting or otherwise of an obscene character. Holland is also accused of possessing an extreme pornographic image which resulted in or was likely to result in serious injury to a person’s genitals and which was grossly offensive, disgusting or otherwise of an obscene character. Holland, of Coedpoeth, Wrexham, Clwyd, appeared briefly before Wrexham Magistrates Court where the case was committed to be heard at Mold Crown Court on New Year’s Eve.
http://www.telegraph.co.uk/news/newstopics/howaboutthat/6750252/Man-in-court-over-pornographic-tiger-image.htmlLooks like all this current fuss is actually all about him getting Compo, six years later. Seems the mass media will just reproduce solicitor’s Press Releases without any real editorial judgment at all. Some of the current news reports are bleating about how the man’s life has been ruined. He was a bus driver fer chrissakes, not a vet………..
- myykk
October 28, 2014 at 9:53 pm -
He was cleared completely, but his life was utterly ruined by what they put him through. He was attacked physically as a “paedo” (which had nothing to do with the charges). Lost access to his kids. I think he lost his job – so what if he wasn’t a vet?. Actually his lawyer is a specialist in this area of the law and the case is being used to get a review of the legislation itself, in the hope of it being amended or even repealed (no other comparable country seems to feel a need for this type of law). It really has nothing to do with compensation – though in his case, as an innocent man whose life has been wrecked (he suffered a heart attack too) and ended with him being smeared as something he’s not (a label generally regarded as worse than murderer), he deserves a lot. Laws like this are the tragic consequences of allowing creeps like Blunkett and Straw to write UK criminal law. Blunkett notably made one bum/breast touch into a “sexual assault” (see DLT for details).
- Moor Larkin
October 29, 2014 at 1:01 am -
Where was the mass media when this fiasco happened? It’s so ridiculous the CPS should never have lived it down. How can all this happen and nobody even notices? Nobody says anything? All we hear about is “Broken Britain” but it’s not our bit that’s broken….
- Ho Hum
October 29, 2014 at 2:13 am -
Where was the mass media? Puhleesssee! That’s so easy! As history more than adequately demonstrates, there’s money to be made, and kudos to be awarded from the great unwashed, in the pursuit of ‘Entartete Kunst’.
As myykk has implied above, the ultimate irony is that we now seem to be on the other side of the fence from the Germans (not to mention almost the whole of the rest of the western world too) in that we’re now the one criminalising people for having such, or anything else similar, when it wouldn’t make most people there even blink.
Don’t times change?
- Ho Hum
- Moor Larkin
- Peter Raite
October 31, 2014 at 2:08 pm -
If it wasn’t so serious, the use in legislation of purely subjective language like, “grossly offensive, disgusting or otherwise of an obscene character,” would be funny. There are plenty of people who would describe actual legal BBFC-certified R18 films with those exact same words.
- lmno
November 3, 2014 at 4:05 am -
And there are people – who unfortunately either work for the police or CPS or find themselves on jury duty – who have considered images taken from BBFC certified films “indecent”
- CF
November 3, 2014 at 11:58 am -
You’d think that a basic rule such as “if an activity is legal, the representation in any form of that activity is also legal” would save trouble and expense.
- Ho Hum
November 3, 2014 at 12:17 pm -
That becomes less simple when you draw up the boundary between what is legal and what is not, where, for instance, the converse could mean that having a copy of ‘The Italian Job’ would result in your being treated as a proxy criminal for having a representation of a bank heist
- CF
November 3, 2014 at 12:22 pm -
I did write “if”, not “if and only if”!
- Ho Hum
November 3, 2014 at 12:58 pm -
Yes, but it still leaves the matter as potentially subjective as the present law would appear to be, if the comments made elsewhere here about its descriptive language are correct
Reading between the lines, it smacks of being another of those laws, now becoming increasingly prevalent, where a group of well meaning or, more probably, politically driven zealots have conspired to create a law, the reasoning behind which is something along the lines of ‘we don’t like what you are or what you do, we can’t stop you doing what we don’t like, so we’ll get you any other way we can’, then framing the argument and putative legislation in a way that, regardless of how authoritarian or illiberal it may be, the general public is easy taken in, and few politicians are going to have the courage to stand up against
Typical RadFem and New Puritan tactics
- Ho Hum
- CF
- Ho Hum
- CF
- lmno
- myykk
- Frankie
October 30, 2014 at 11:13 pm -
Speaking of animals and the law:
‘…”If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass.”
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