Sex Offender and becoming a pilot?

[nothopeful]

As per title says, please take the time to read so I can fully explain my circumstances.

I'm in my early 20s and in the UK. Last year got involved in the hype of dating websites, after going through a nasty breakup of a long term relationship. Got chatting to a nice girl, well spoken, mature, whatnot. She is 17 and just about to finish college, so approx 4.5 years younger than me. She sends me a risque picture of her in her underwear, which I didn't ask for, nor did I think all that much of, aside from being flattered. Eventually the conversation fizzles out and I forget all about it. Looking forward to graduating and heading off to flight school in the summer to complete my fATPL.

Six months later I recieve a message from her. Did I know that what she sent me was illegal, and unless I forwarded her a large lump of cash she would be turning me in to the police? Fine I say, I'll talk to them myself, thinking that as I didn't request the pic and she was now blackmailing me, I would be OK.
Boy was i wrong. I was swiftly arrested and have had my phone, laptop etc taken, only to be informed that the police have retrieved the image and are prosecuting me for one count of indecent images of children.

I'm mortified, beyond mortified, that this has happened. I don't know if I can ever socially or legally recover from this. I'm meant to be starting at L3 in September and don't even know if I can take my place or get a job as a pilot as it looks like I will be convicted and spend 5 years on the sex offenders register.

I am really just looking for some honest, brutal advice, especially since my Mum and Dad's holiday home is on the line here as it was used to take out the loan for my flight training. Am I realistically done for in terms of commercial aviation with a criminal record like this? I'll be on the children's barred list most likely which would probably stop me from instructing too :(

Honest, brutal advice please. God knows I need it right now.

[kungfu panda]

I can’t give you any advice but I feel for you. As a man in this day and age it just takes an allegation to destroy your life. As a 22 year old, I’d put it down to being a young and clumsy heterosexual man. Good Luck.

[rudestuff]

So what aren't you telling us? If it happened as described then you haven't done anything illegal, although clearly she has.

[Banana Joe]

You need a lawyer. A good one.

[Capt Scribble]

Its not a crime to receive unrequested messages from the opposite sex. I seem to get a good many unsolicited 'interesting pictures' which I can do nothing about (generally in the Spam box). Unless there is coercion involved, I can see no case against you. Maybe you could mention the blackmail to the authorities. Is a picture of someone in underwear actually illegal?

[reverserunlocked]

Banana Joe

what he said /\

Sounds like you’ve been blackmailed to me. Get a good lawyer and this won’t even get to court. She might even need one too!

[nothopeful]

rudestuff

The offence as mentioned is one that doesn't require intent. Back in the day, I was taught that age of consent is 16. Before texting, before phones really. We had blackberry's back in the day, and that is if you are lucky.

The age of consent for images, is 18, and the age of consent for carnal relations, relationships etc, is 16. I was blindsided on a technicality, in retrospect yes I should have looked into the laws, but I can say hand on heart that I had no idea you had to be 18 or over for risque pics, hence why I didn't immediately delete it and block- for the purposes of the offence, the image remaining in a local memory of a device is enough to be considered in posession.

As the Lord is my witness, this is the truth. A genuine honest mistake. I know that my travel options are severely limited even having been arrested (no USA or Canada entry), but I was hoping that I could even pick up domestic work with Loganair or Flybe.

I'm not sure I could cope with the criminal record plus losing my dream of flying to boot.

[kungfu panda]

Have you been found guilty in a Crown Court? Or was it a Magistrates court?

You can’t let your life be destroyed by a Magistrate.

[Dan Dare]

This is not justice. What do the CPS think they’re playing at even bringing a case against you? The facts as you told them should be broadcast throughout the nation to point a finger at this ass of a legal system, but of course you risk your name being indelibly scribed across the internet in a way that could also affect any future employment. My unqualified (well, this is the internet) advice:

get a good lawyer (who probably costs the remaining equity in a second home)
speak to your MP
consider benefit of going viral over the injustice of this all (mob-rule can often override legal process) and find a tame journalist who might run your case without identifying you
flying is a stupid career aspiration you’d make far more money in a proper job, but if you have the bug that will not matter and you’ll make it work for you somehow no matter what the outcome so DO NOT GIVE UP!
when you get that aviation job be honest about any record - it would be a major black-mark if you are not fully candid about any criminal record and that could bar you from airside access and even lead to the loss of a hard-won job
the pressure on you at the moment must be immense at a time when you should be full of the optimism of youth but everything will pass and in the blink of an eye whatever happens here will be nothing more than an irritating memory. DO NOT GIVE UP!
keep an eye on your mental health, keep talking, seek help if it’s all getting a bit much but DO NOT GIVE UP!

[Contact Approach]

This has to be a wind up. Starting L3 In sept? Putting your family’s home on the line? Flybe?

[Bull at a Gate]

What did you do with the photo you were sent? Did you save it on any of your electronic devices? Did you delete the message containing the photo?

Sounds like you have been charged with an offence of possession. The answers to the questions I have asked will be important in determining whether you are guilty or not.

Go see a lawyer. Everyone hates lawyers, until they need one. Any you need one.

[highflyer40]

Sorry. I just don’t get this. There was no crime for you to be arrested for in what you wrote. The age of consent in the UK is 16. As long as you weren’t in a position of trust over that person you are free to get up to whatever you both want to.

Edited to add: I had absolutely no idea there were 2 ages of consent. That is bonkers. So it’s legal to date (and everything that can entail) someone 16 and over, but have a saucy picture (of someone who may be your partner) and it’s illegal. That is incredible!

[kungfu panda]

Even if there is more to this than expressed by the poster, which I'm sure there is. I still take the view that as a 22 year old with a 17 year old, it's most likely to be a clumsy and immature man, rather than an evil man. I therefore think that education should be the tool of the CPS and not a criminal charge that would permanently label the 22 year old as a paedophile.

I recognise that there are evil men out there who are out to do harm to females and Children. I would never offer those people a way out. But there are normal, reasonable guys who are just Clumsy and don't know how to behave.

[Repos]

These might be daft questions but was the photo recent or is there any suspicion that it was from when she was younger and was is definitely a picture of her and not someone else?

Also - " only to be informed that the police have retrieved the image and are prosecuting me ..."
Just clarify, Are you just subject of investigation/Have you been charged/are the CPS considering the case?

[Ohrly]

The whole thing sounds like a scam. Did you ever speak to this girl other than by messaging? Do you have any proof she actually exists? How do you know the photo was of her, and not some random photo taken from the internet?

[Kent Based]

That's an unusual statement right there from a 22 year old. "Before texting", "Blackberrys". You are also referring to a law change that happened in 2003? So when you were what, four years old? You were taught THAT aged four?

[highflyer40]

Good point and good spot. I hadn’t noticed that. But that post resonated with me exactly at my age… 50, not 22. How many 22 year olds would even know a blackberry. How many 22 year olds would even know life “before texting”. I was first remember texting around the turn of the millennium.

Just re read his post and there is no way he is 22. More like 50-60. Which even if not illegal is morally wrong chatting up a 16 year old irregardless of the picture that he “claims” she sent him unsolicited. The more that comes out of this the more I think the police may have got it right.

[Grateful..]

This sounds awfully familiar to a recent event here in New Zealand..with a quick internet search you’ll find what I’m talking about.

[nothopeful]

highflyer40

With all due respect, I don't appreciate the accusation that I'm somehow lying about this situation, it's an awful thing to lie about.
You might have been texting then, but I was in primary school. I got my first phone at 14, as my parents were technophobes. We didn't even have a computer in the house, and I only got a laptop when I started my A Levels in 2014.

Of course we had Blackberries... the days of BBM were, if I remember correctly, around 2010- 2013... which was when I was in school. We could barely send photos on those. "Sexting" was not yet widely spread, and the worst thing that happened was that a girl in my year sent a video around of herself and it became the talk of the school.

I can understand why you would be skeptical, but please take a moment to think through this and consider that not everyone on the Internet is a stinking liar.

For reference, my Dad is 61. Not me.

Kent Based

As i previously replied, I got my first mobile aged 14. I had a blackberry in secondary school. I'm finding these accusations alarming, especially since I am reaching out for help. If there wasn't so much at stake I would just link a picture of my driving licence because I'm astounded that people think that someone who is almost 23 is too young to have a blackberry or to have grown up in an age where sending people sexy images wasn't the norm as it is now...

Contact Approach

Why would it be a wind up? Flybe is actively building back up to what it once was, it seems. L3 and CAE are still the top names in the industry, and taking out a home loan is the route that most of my new coursemates have taken. How else can young people get the required training?

As for this being a wind up, i wish it was. All I've done is reach out for advice and I've been hit with accusations of being an old man. I can't win on these forums as I obviously don't want to reveal my identity in case coursemates/school friends/future employers are reading.

Grateful

I've read that article a thousand times over. The difference with that guy is that he targeted 14 years olds, who are clearly under the age of consent. My grave error was not realising that there are two ages of consent, and assumed the "regular" age for dating and whatnot was the be all and end all.

Our justice system doesn't work like that. A friend who is a police officer described me as collateral damage in a system designed to target those who have images of abuse.

[portsharbourflyer]

Well if you think L3 and CAE are still the leading names you are deluded. Suggest you look at what has happened at CAE Oxford in the last 12 months. Hardly the world leading flight school any more.

As for Flybe its 2 or 3 aircraft , long way from 70.

[underpaidtoo]

Search the CAA website for CAP 2159 which lists the offences that dis-qualify you from holding an Airside pass.

No pass = no job.

[TukwillaFlyboy]

Given the extremely competitive employment market for pilots right now why would a major employ you ?
No pass = no job is correct , and just the start.
Become a tradie instead. ( Australian for tradesperson)
In Australia they get paid more than most pilots.

[nothopeful]

underpaidtoo

Ah okay, thank you for clarifying. I had read through that document, and I was hoping that that wasn't the end, but it seems that my offence is deemed totally disqualifying.

TukwillaFlyboy

Yes I can definitely agree, I just think that the part of me that always dreamed of becoming a pilot desperately wanted to believe that there was some way of getting round that issue.

You are correct in saying that as the offence is one deemed as being child abuse, I would not be able to obtain an airside pass or pass security vetting.

Time to look into lower paid, unskilled labour I think.

If this thread serves any purpose, it can serve as a warning to other hopeful young men that 18 is the age of consent, NOT 16 as the law suggests.

[Repos]

Did you see my questions in post 14?

You are talking as though you have already been convicted

[nothopeful]

Repos

Hi, sorry, just seen them.

The image was definitely of her, and she was definitely 17 in the picture. The police are investigating (and I was arrested), and the investigating officer has said that they are "waiting for the CPS to produce a charging sheet".

[Dan Dare]

As far as this thread suggests you are not a sex offender, you are being investigated or possibly prosecuted for an alleged sexual offence. We still have a principle of “innocent until proven guilty” in this country even with such a grievous crime as receiving a dodgy picture with a blackmail threat (Ohrly’s suggestion of organised pre-planned crime seems quite plausible and there could be others similarly affected able to provide support or advice). Get good advice - even better than that available on an anonymous Internet forum - and hope that the law still has some semblance of sense and justice embedded in it.

In the event that you get a disqualifying conviction you can still fly - arguably with more enjoyment than an airline pilot might - you just need to ensure you go down a career path that leaves you enough time and money to do so.

Don’t give up!

[Bull at a Gate]

The relevant CAP 2159 offence is possessing an indecent offence of a child. As you have learnt by now a child for that purpose is anyone under 18. Consent has nothing to do with it, so talking about “the age of consent” is meaningless.

I repeat my earlier questions, because they may determine whether you have committed an offence: what did you do with the image you were sent, did you save it anywhere? Did you delete the message which contained the image?

[portsharbourflyer]

Even if charged he can still apply for a certificate of disregard, if the details given are true.

[glenb]

i hope i don’t over simplify this.

Consider this. It’s ballsy, but it might just prevent a lot of collateral damage.

All you need to do is tell the truth. Trust the system. Your story is simple and credible. Any reasonable Judge would surely have to find you not guilty, and a police prosecutor may pull the whole thing anyway. Spend the absolute minimum you can. Expedite the whole process, and rip the bandaid off. Value the opportunity to get it to genuine well intentioned scrutiny as soon as possible.

Good luck you and a fair outcome.

[TukwillaFlyboy]

nothopeful

Lower paid unskilled labour ?
You should see the callout fee for a tradie in Australia.
If you can get one.

[Repos]

nothopeful

Were those his exact words? That means the CPS has definitely decided to prosecute? or they are awaiting the decision of the CPS?
Sorry to be pedantic but this matters about were you truly are in procedings. You could be worrying about nothing.

[kungfu panda]

glenb

If it goes to court, Magistrates always, in my experience, side with the Police. If that is the case you'll need to take it to a Crown court.
If what you say is even half accurate, you're not going to get 12 jurors to convict you. But you do need to spend money on a lawyer/Barrister/Solicitor. A Good lawyer commands so much respect from the court, you're much more likely to get a reasonable result (That especially applies in the Magistrates court).

[avtur007]

I'm pretty sure it's also an offence for her to have initially shared the image with you as she was under 18 at the time and I don't think there is a distinction in law between a person sending a (sexual) image of themselves or of anyone else under 18, your just not allowed to do it. I would tell the police or your lawyer that she distributed it to you and push for her to be prosecuted with distribution of child porn. It might not help you but will potentially get the girl also facing being put on the sex offenders list and she will be forced to tell the truth to get her own self out of this, which might just help your case or at least give her a taste of her own medicine. I would hope this wouldn't even get to court anyway as the prosecution service will try and look at this objectively and for what it is,which is a girl trying to blackmail you over an image she sent and is then trying to extort something from you. But it's crazy days and the law can sometimes be bound to act regardless. Get a lawyer and pull her down if your going down, just make sure she falls further and harder. If your in the UK the citizens advice service can be very helpful and might be able to at least get you some legal advice as a start. Good luck

[Out Of Trim]

It would seem to me, to be quite unusual for a 17 year old female to be on an online dating site. Unless, she is part of a pre-planned scam attempt. Perhaps, coerced by someone else. If so, she may have “form” with other suitors on the dating site. I wonder if the Police have investigated the case from her side.

Have the Police pulled her Phone and Computers with regard to this case or interviewed her and her parents or guardian?

Do get suitable legal representation and good luck 🤞!

[rudestuff]

It's 2021. It would be unusual for a 17 year old not to be on one, surely?

[Magpie32]

Get a decent paying job, save up for many years, then go modular at the current rate of approx £55,000.

If you have not already done so, get a Class 1 medical asap as all this chat my be irrelevant if you cannot get one of these.

[Rt Hon Jim Hacker MP]

Something doesn’t smell right about this thread.

[highflyer40]

Couldn’t agree more!

[Stu666]

Not sure this would stand up in a court of law if the image was sent unsolicited and you promptly deleted it. Although deleted images in many cases can be recovered, and there may even be thumbnails of it you are unaware of (yes modern Windows versions create databases of thumbnails for every image you have saved), it could be argued that most people are ignorant to this and couldn't reasonably be expected to know that traces of the original file remain.

The image itself, you say it was risque but the girl was wearing underwear? You could legally view similiar images in swimwear/gymnastics catalogues if you were so inclined. I don't know what constitutes an indecent image these days, but it's definitely worth looking into. You need a good lawyer with an understanding of technology.

Also, I hope you saved or at least screenshot the blackmail attempt?

[nothopeful]

Sadly, as you said there was deleted images saved in some obscure part of the internal memory of my phone. The police view that was that as an engineering grad I was fully aware of how devices store images.

The context, nature and intent of the image is important. Yes there was no nakedness involved- I would equal it to a bikini shot, you could see exactly the same as what you would see at a beach.

Because the image was sent within context of a flirtatious conversation, the image is indecent. The key here is the context in which the image was sent/recieved.

I understand why people are trying to tell me to fight it, and I've had legal advice, where its been advised that i plead guilty to avoid a lengthy sex offender registration. If I please out, I will likely get 2 years and a permanent criminal record. If I argue that i didn't recieve it, i would be looking at five.

[TRENT210]

Same thing happened to someone I worked with years ago (non aviation role)

He was 17, she was 16 in a happy relationship and they exchanged a few nude pictures.

Fast forward 5 years and having both gone their separate ways. He sent his laptop in to be fixed and they saw these nudes of a young girl and reported it to the police.

The police paid him a visit and he was open and honest. The police then contacted his ex who admitted she’d sent them off her own back and that they were from 5 years ago etc.

The CPS prosecuted him anyway and he ended up with a suspended sentence and a period on the register.

Someone from probation/ police would visit him every year for a chat which basically turned into a cup of tea and a chat about life because the officer knew it was a ridiculous conviction.

Hope it’s all gets sorted

[nothopeful]

Thank you for sharing. Hopefully this story proves to the naysayers on here that these type of convictions can and do happen. The CPS are ruthless and care nothing for whether it was consensual, whether there was a relationship or abuse etc.

I hope that your friend is managing to do alright now, and has managed to find employment. It's extremely hard with a sexual offence history and a permanent criminal record. These kind of things are always revealed on a DBS.

[DDobinpilot]

Firstly, I want to say, you are, and potentially always will be, an absolutely colossal prat.

Why on earth would you goto the bloody police? Just delete the message, move on.

Anyway, as has been said here, you need to fight this, or see what your actual position is. Assuming what you’ve said is the absolute truth, you’ve done nothing wrong. Speak to a lawyer, find out everything.

With regards to job prospects. Each aviation authority is different, many don’t even do criminal record and background checks (China comes to mind). I never had one anyway as far as I remember. UK CAA 100% needs a 5 year check. But obviously, if a carrier then flies to the US you’ll need a visa, etc etc

Personally, I would NOT go the ‘honesty is the best policy’ route. In fact I think that’s a stupid idea. Like when you go for your Class 1 medical.

Do NOT contact a journalist and in any way be named or go ‘public’.

Whilst it’s a different case entirely, I remember a story, a few years ago a guy I was a flight instructor with, he went out on 1 date with a girl, then proceeded to stalk her for the next 3 weeks saying he loved her, texted her and called her everyday, eventually he said to her ‘if you don’t see me I’m going to crash a plane into your house!’ She called the police, he was sent to a mental ward and it was all over the local papers.

As far as I am aware, he took some good lawyers, fought the case and got charges dropped. And now still has a job in aviation.

You have unfortunately incriminated yourself and the police love an easy case. But, I think it’s worth fighting.

And, for what it’s worth, again, assuming everything you’ve said is true. I do not think you’ve done anything wrong and should be allowed to pursue a job in aviation.

[Stu666]

The police view that was that as an engineering grad I was fully aware of how devices store images..

What a load of poppycock! I happen to have an honours degree in Computer Science from a good university, and although I have a fairly decent understanding of how the Windows OS stores images, I am by no means an expert. In fact, I have virtually no knowledge of how Android/iOS perform the same function, so unless you're a mobile phone engineer, that is a ridiculous argument! It's analogous to saying a back street mechanic is fully aware of how the engines on an aircraft work!

Seems to me like you are perhaps on the wrong side of woke individuals within the police/CPS. You need to fight this - at the end of the day it was a bikini pic - a quick search on Google would probably yield thousands of similar images. Yes, I get that the context was sexual, but if you didn't initiate or pressure her into sending the photo, then you are merely guilty of being a young, red-blooded male. And the blackmail, if you have any proof of that, is really going to help your case.

[nothopeful]

DDobinpilot

I can agree with your first sentiment, however I was under the false impression that the police are there to protect people from things such as blackmail.

You are right in saying that they love an easy case, this one looks great on their records, a successful conviction.

Ultimately it looks like my hands are tied. If I please not guilty I could recieve a much heavier sentence.

I wonder how commercial flight schools would feel about me applying for a job. I can say with certainty that I have never hurt anyone. I have no other criminal record and have a good reputation within aviation (this aside).

Would I need an airside pass and DBS to become a flight instructor for a commercial school? Am I just wasting my time and trying to push into an industry that just won't accept anyone with a criminal record?

Would love to hear from anyone who has experience working with adult commercial students and whether or not this would be disqualifying.

[highflyer40]

It’s a thousands times worse than a criminal record. It’s the sex offenders register. Flight school wouldn’t touch you. All those young impressionable adults and in some cases under 18’s.

Again, and I hate to beat a dead horse but… this doesn’t make sense. Every post you sound like you have given up for something that almost everyone on here has said is an issue that any half assed lawyer could get you out of. There is so much more to this than you are saying, that makes you so downbeat.

[nothopeful]

Thank you for at least being honest with me. I have a lawyer, and the CPS' evidence is watertight. I recieved the image, it remained within a cache. Legally, that is posession. There's not anything a lawyer can do aside from try and mitigate for a lighter sentence and less time on the register.

At least I know what im facing now, and that I will be unable to attend flight school. I need to be realistic about the fact that I won't even be able to go to flight school, let alone get a job.

As for you still believing that I must have done something far more substantial, I urge you to read on of the posts above. Almost exactly the same situation, and they too were convicted and placed on the sex offenders register. It can and does happen, and it is happening to me.
At least I can try and plan to get another job.

[Kent Based]

What did you do with the photo you were sent? Did you save it on any of your electronic devices? Did you delete the message containing the photo?



These may be important questions. We now know they were found on the phone. I'm not sure the rest have been addressed?

Additionally WHEN was the image deleted. I'm guessing fairly recently as a mobile only has finite memory space so can not store everything that one ever viewed.

[nothopeful]

The image itself stayed stored within the chat for less than 24 hours. I kind of just went "ok" and carried on talking, as I didn't know that it was an illegal image (as I previously said I believed that the age of sexual activity was 16 in the UK). I couldn't delete the image as it wasn't stored on my device and the only way to delete it would have been to wipe my phone, which I didn't do because as I said I didn't know that the image was illegal in any way.

As others have said this makes me guilty and I'm not arguing this, all I can say is that it was a genuine mistake and that I did not intentionally or knowingly break the law. This, however, is no defence in the eyes of the law as the defence is only valid if a person is sent the image with no prior request (true) and deletes the image immediately (false).

[Slipstream86]

Why would an “Engineering Graduate” be resigned to looking for “lower paid, unskilled work” because he couldn’t become a pilot?

This is either a load of BS or is a massive insult to educated engineers.

I trained for 4 years as an engineer. My flight training took 18 months. Lower skilled it is not. And my first pay scale as an engineering professional was over twice that of my first commercial pilot pay.

[highflyer40]

nothopeful

Sorry. But here is where we disagree. And any lawyer would get you off in seconds if true. You say you were having a conversation. She sent you an unsolicited text (this would be very easy to prove as all text messages are saved by the network provider) you deletes it (but it was saved in your cache. Who cares.. it was deleted 99% of the population wouldn’t be able to do anything else).

Possession isn’t the only factor. There has to be intent. Otherwise if there is someone I don’t like I can just do a 2 second google search and send them a photo and bingo! They are banged up. Sorry the justice system doesn’t work like that or at any time half the population would be in jail.

[nothopeful]

Possession is not a crime that requires intent. It is also categorised as "making" (eg an image being displayed on a screen). If you, as an adult, sent an illegal image you would be prosecuted more harshly that the person who recieved it. The person who sent the image to me is legally a child- who cannot be tried as an an adult and is therefore immune to prosecuted (read the CPS guidance about how they will avoid prosecuting the sender if they are under 18 and will give them words of advice).

As I previously said, the image remained in the chat for less than 24 hours. I could not delete the image without wiping messages and/or the entire phone. At the time as I said i was not aware that the law considered a child to be under 18, as I believed that 16 was the age of sexual activity due to it being the age of sexual consent (eg you can physically take part in the act but not any images that are indicative).

I've begged, pleased, cried, with the police, they don't care- possession is possession in their eyes and as one of the officers said in my interview "even if you tried to be smart and find a way out, you will never pass a background check as we will disclose this to employers even if you manage to get out of conviction".

My energy is better spent at this point trying to limit damage, ensure that I can get some sort of job and maybe attain a PPL when I retire.

Does a PPL require a background check?

[rudestuff]

It sounds like you've given up. Pilots don't have that luxury.

[garyscott]

I get that images - even once deleted - are stored in some form on the device, but surely the mobile service provider can dig out the text thread, and the context in which you received the image (unsolicited) should show your innocence in the matter?
*Aren't all text messages retrievable from the service provider? Admittedly it will take a fair bit of digging and requests.

*Maybe could be the result of watching too many CSI type programs. . . .

[Buswinker]

https://cimg3.ibsrv.net/gimg/pprune.org-vbulletin/920x2000/9c71f2da_3412_45d7_9c73_b3cfbd6cbe18_8f742ea83c7ad020a4966c6 bf154e548da0ccfe9.png
https://www.cps.gov.uk/legal-guidance/indecent-and-prohibited-images-children

you can’t control the quality of the police or prosecutions staff you get. So you must get a better lawyer

[paco]

Dunno if it helps any, but after the Magistrate's Rules....

The general rule for time bars on summary only offences is that prosecutions will be time barred if Informations are laid more than six months after the date of the offence 1. The Magistrates Court Act (MCA) allows for different time limits to apply where they are explicitly provided for in statutes

[L'aviateur]

If you have any sense forget about flight training and spend every penny on a the best lawyer that you can afford, you'll regret not fighting this otherwise.

[DDobinpilot]

Agreed, goto a proper barrister and get a second legal opinion.

Even from the thread title you are defeated already.

I fail to see how their case is ‘watertight’ if you never requested her to send this image. And, honestly, I would never plead guilty to saying ‘I’m a sex offender’.

Also, honestly, from what I’ve read, I think a sex offence is generally unfiltered, and from what I gather that means even after the time period it will remain on a DBS check, I could be wrong on that, but if that is the case, you are screwed either way so you might aswell go down fighting.

I couldn’t actually believe this is the actual law, I read that if two 17 year olds are texting each other and send a naked photo they could be arrested for this, despite the fact they can legally have sex.

[Rt Hon Jim Hacker MP]

This whole thread stinks of a wind up.

[A320LGW]

I concur .

[Kent Based]

Do I have this correct then, as I was wondering if Police would send your laptop and phone off for an expensive forensic exam for one bikini pic?

Sounds like you received the image as part of a chat from the female. You may have clicked on the thumbnail, or not, but did not save or consciously download the image. You thought nothing more about the image or conversation until the female messaged you again re the blackmail attempt. When you went to the Police your phone was handed over and you supplied the passwords to enable them access(?). The Police were therefore able to bring up the chat thread and retrieve both the blackmail message and scroll back to the image.

Thus the image could be evidenced by a screengrab, removing the need for a scientific forensic exam?

[Mister Geezer]

I smell a rat as well.

However, in the event this is a genuine situation then go and acquaint yourself in detail with the Theft Act 1968. Blackmail is a crime and it has been successfully argued in past legal cases that there is no need for the demand to be received by the intended recipient, for the offence to be committed. If you want to have a chance of flying commercially soon, then stop spending time on here and use a lawyer to help get yourself out of this mess.

[nothopeful]

paco

I also tried this route, but indecent images is an "either way" offence, meaning there is no time limit on prosecutions.

[Capt Scribble]

The age of criminal responsibility in UK is 10. You said that you were blackmailed, ask the police why they are not prosecuting the offender? https://www.gov.uk/age-of-criminal-responsibility
I am also surprised that a girl in under ware is regarded as indecent. Apparently, it is up to a jury to decide. "Whilst members of a jury are representative of the public, it remains essential for them to consider the issue of indecency by reference to an objective test, rather than applying their wholly subjective views of the matter (R v Neal [2011] EWCA Crim 461)."

[Warlock1]

Most flight schools in Europe would want a background check in order to issue you an apron pass. Lets say somehow you get this. It doesn’t end there cause any flight company who is thinking about hiring you will do a background check as well. So its not only about traveling to U.S or Canada.
This thing will haunt you for the most of your life until you get a pardon to erase it. So, before it even materializes, go get the best damn lawyer available to get rid of it. Honestly if it was me and if there was no way out, I would probably even pay off the girl just so that she would admit to it.
Best of luck

[topradio]

If what you are saying is the whole story, I would get the best lawyer you can find and go to crown court and plead not guilty if it actually gets that far.

It would take a very strange jury or an extremely crap lawyer for you to be found guilty. The jury would listen to your story including the blackmail attempt see the picture of a 17 yo in underwear and come to the correct conclusion. Presumably the girl would be called to explain her actions as well.

I believe that the police are using scare tactics to get an easy guilty plea and a simple conviction. They / CPS will fold if you stand up to them.

This of course assumes that you have told us the full story.

[StuBob]

She sends me a risque picture of her in her underwear, which I didn't ask for, nor did I think all that much of, aside from being flattered. Eventually the conversation fizzles out and I forget all about it. Looking forward to graduating and heading off to flight school in the summer to complete my fATPL.

Six months later I recieve a message from her.

I think you have perhaps omitted what happened with the 'risque picture' itself inbetween the 'conversation fizzling out', receipt of the 'blackmail' message 6 months later and the call in with the police?

I mean I understand going to the police on the latter part but you have only said the picture was later found somehwere deep in the memory of the phone/laptop. I would be very surprised a case getting as far as it currently appears on the basis of you deleting or not retaining said picture for any unreasonable length of time however the fact it seems to be getting towards the prosecution stage suggests you might have thought more of the picture than you've led everyone to believe ("I didn't ask for, not did I think all that much of").

What did you do with the 'risque picture' that you 'did(n't) I think all that much of' in the time between receiving it and the situation you've found yourself in now? Did you keep it for a perioed of time, such as when the blackmail situation arose? Did you download it or share it with others, Whatsapp etc? Did you delete the picture, if so when etc.? All of this is often the nuance in which these situations rest, and whilst it may be understandable people like to present a better picture than there perhaps is, it isn't really very helpful if such selective facts are laid before requests for advice.

[nothopeful]

Warlock1

There is no erasure- even if found not guilty I am not able to travel to the US or Canada etc due to the simple fact that I was arrested. They do not erase arrests, nor do they delete information regarding a case. This will always be disclosed on an enhanced DBS, even if I am not convicted. This is simply how the disclosure of police intelligence works. There is no admission of guilt or legal proceedings required- just having being investigated can and is disclosed to any employer who requires a security check or enhanced DBS.

[Bealzebub]

No, that isn’t correct. Being arrested isn’t a bar to entry, it requires that you apply for a visa rather than utilising any visa waiver programme. The visa process would normally require you to disclose the circumstances of your arrest with a consular officer.

[Bull at a Gate]

This is becoming sillier and sillier. It is no longer making any sense at all. Even if this bloke is guilty of possession of the image, and even if he is prosecuted for it, both of which I doubt, there is no way this “either way” matter would not be dealt with by a magistrate.

I suspect the whole story is a fake.

[Lux747]

Being falsely accused of something, unfortunately is a tool that some people can and will use to gain their advance up the ladder. This I'm sure happens in all and every industry, especially aviation. Most pilots work or have endured a great deal to secure a position in an airline or company and are quite content to relax and enjoy life as it comes. But, I'm sure we all know of individuals whom spend a great deal of brain storming time amongst their own lunchbox, inventing or conjuring ways or trying to get ahead over their colleagues in a un moral way. Many, fall on their own swords, but there are some that succeed. I have witnessed colleagues lose positions or have fallen out of favour because the lies/rumours where not investigated properly or at all!

Most, but not all, pilots are individuals and won't stand up to defend colleagues in fear of falling off the secure track. I'm sure you will get lost of advise from your friends regarding your situation but how many of your friends will standby you or just standby?