ARREST FOR ALLEGED CHILD SEXUAL ABUSE – Conditional Caution
Your Advocate in Times of Need
Background:
Our client was arrested following a wider police operation targeting another individual suspected of possessing indecent images of children. During that investigation, police uncovered an online chat between our client and the arrested party in which our client made statements suggesting he had sexually abused his three-year-old daughter.
The client was immediately arrested and interviewed under caution. He subsequently instructed Kelly Blake, expert sexual offence solicitor, to take over his legal representation.
Instructions & Context:
The client explained that the messages formed part of an ongoing online fantasy exchange with the other individual. While the content of the conversation was graphic and disturbing, the client insisted it was entirely fictitious and bore no connection to any real-life actions or intentions. He admitted it was a grave lapse in judgement, particularly involving references to his own child.
Social Services became involved immediately. After a full welfare assessment and safeguarding procedures, it was confirmed that no abuse had occurred, and the child was safe and unharmed.
Bail Conditions & Legal Strategy:
Despite there being no physical harm, the client was placed on strict bail conditions, including no contact with his wife and no unsupervised contact with children. Ms. Blake promptly made written representations to the police requesting a variation of his bail, resulting in permission being granted for him to have contact with his wife — a significant step forward in mitigating the personal and emotional impact of the arrest.
Ms. Blake also advised that the client could potentially be charged under the Obscene Publications Act 1957, given the nature of the chat content. Acting swiftly, she submitted written representations on the client’s behalf, setting out the context, absence of any physical harm, and the client’s steps to engage in rehabilitative intervention.
Outcome:
The police accepted the representations. Rather than facing prosecution, the client was offered and accepted a conditional caution, with the condition that he complete an online victim awareness course. This outcome avoided criminal prosecution, safeguarded his family situation, and recognised the need for reflection and education rather than punishment.
Allegations involving child safeguarding, even when based on fictitious or fantasy conversations, are taken extremely seriously by the authorities. Expert legal advice at the earliest stage can significantly affect both outcome and impact.
