Re: Naked children indecent - official


"Alex Heney" <me8@xxxxxxxxxxx> wrote in message
news:cner72h1g80r4lor711jd85d9kl47adkao@xxxxxxxxxx
On Wed, 31 May 2006 14:20:38 +0100, "Harry the Horse"
<HarryAtTheStable@xxxxxxxxxxx> wrote:

"The Todal" <deadmailbox@xxxxxxxx> wrote in message
news:4e5eaaF1d5mhlU1@xxxxxxxxxxxxxxxxx

"NewsHound" <me@xxxxxxxxxxx> wrote in message
news:b3vq72p7ffkhiliq3cg8h5jdo2188r5i26@xxxxxxxxxx
PAEDOPHILE TOOK PICTURES OF NAKED CHILDREN
By Chris Hudson

Macclesfield Express, UK: 31 May 2006
http://www.macclesfield-express.co.uk/news/s/213/213610_paedophile_took_pictures_of_naked_children.html
[ http://tinyurl.com/qdtkm ]

What is interesting about this story? I think he was rather lucky to
get
off so lightly. I don't know how one can be sure that he did not attempt
to pose the children for his photographs and presumably the children
were
not required to give evidence.
I think he was right to be punished for the photographing of the children,
which was an abusive act and also a breach of trust. However I do have
real
problems with the concept of an 'indecent' image as case law has developed
it. It was stated elsewhere in the thread that had the photographs been
in
the possession of a parent then they would not be 'indecent'. This seems
to
me to be preposterous. Something is either indecent or it is not; it
cannot
change relative to the motives of the possessor. I am not saying that
there
can be a culturally independent, objective defintion of an 'indecent'
image.
The Victorians would have had a very different idea about what constituted
an indecent image than us. But for the concept to mean anything, it
cannot
vary in its status according to who holds the image in his hand.

The problem there (if it is a problem) is that the law does not define
"indecent", that is left to the opinion of the jury (or magistrate).

And regardless of what *should* happen, there is no doubt whatsoever
that juries *do* take context into account when deciding on guilt in
these cases (as do magistrates when the case is tried summarily). And
I have never heard of a judge instructing them that they must decide
on the indecency of the image in isolation.

And I must admit that personally, my sympathies lie with the way it
works in practice, rather than what may be technically correct.
--
Alex Heney, Global Villager
A seminar on Time Travel will be held two weeks ago.
To reply by email, my address is alexATheneyDOTplusDOTcom


The strange thing is, that the children may never know that they were the
subject of crime.


Smolley







.

Relevant Pages

  • Re: A man who photographed children on the beach sent to prison fior life !
    ... photographs of naked children, said Geoffrey Greenwood, prosecuting. ... It was found that there were more than 2,000 indecent images of children on ... That hardly squares with the indefinite sentence. ...
    (uk.legal)
  • Re: Eastender Stacey in hotel romp!
    ... >>But the photos were not indecent in themselves. ... They are NOT looking at the photographs in isolation. ... >>>Another ridiculous prosecution. ... If the photos of the girls in the fountain had been of his own ...
    (uk.legal)
  • Re: Man takes photos of girl, 9
    ... >children for their photographs does not mean that the photographer is ... > I do not believe that such an impression is likely to ... Without seeing the photos, we cannot say. ... viewer, and are not indecent. ...
    (uk.legal)
  • Re: Tredegar photographer guilty of taking indecent pictures of children
    ... Tredegar, had been taking photographs of aspiring models, aged between 14 ... The girls had asked Wilson to photograph them wearing bikini and fashion ... He had also taken some topless shots of the 17-year-olds, ... "The images weren't all indecent, ...
    (uk.legal)
  • Re: Jailed for his beliefs
    ... The connection to this man is purely historical (and with the ... photographs indecent in the first place. ... swear in public or voice your opinion that defending your ...
    (uk.legal)