Internet user gaoled for inciting abuse

The BBC reports that a 19 year old man from the Midlands has been gaoled for making and distributing indecent images and inciting sexual assault on a child under 13. The man has been banned from working with children for life and placed on the Sex Offenders List. Apparently he was found in possession of a memory stick containing footage of a woman abusing her young child at his direction.

The man was probably prosecuted under Sections 9 to 15 of the Sexual Offences Act 2003 which includes the offences  ofincluding causing or inciting a child to engage in sexual activity, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming. Indecent photography is covered later in the Act from Sections 45 onwards.

It is also conceivable that the abused child might well have a claim in assault against the convicted man, although much would depend on whether he had assets sufficient to cover any judgment. Alternatively she might have a claim to the Criminal Injuries Compensation Authority, although under Paragraph 8 of that scheme, the offence has to arise out of an “injury sustained in and directly attributable to an act occurring in Great Britain. Consequently such a claim might be in difficulties.

The writer has considered the issue of whether the Internet Service Provider might be liable. This area seems to have very little coverage. At present this woudl appear to be a very difficult claim, since obviously an ISP would argue that it had no control whatsoever on this kind of activity.

However should ISP’s monitor their own traffic? The disturbing question is how this offender was able to find someone on the other side of the Atlantic, who was prepared to abuse a child for his gratification.

See BBC News