A lot of steps back

Pissed in another envelope. Will dispose of it and the rest of my rubbish after midnight when I’m sure everyone is asleep.

Went to the supermarket, it’s not hot but I sweated an awful lot of my way back. Roommate was in the kitchen when I got back so my milk, cheese and frozen pizza have been sitting in my room for 10+ hours.

Third roommate has moved in now, he and the other roommate knocked on my door and asked if I wanted dinner, I declined, they tried to engage me in conversation but I retreated into my room. Later in the day I heard someone watching Watchmen in the kitchen, I went in to get a cup of water and commented on the unfaithfulness of the adaptation. I get along well enough with the Chinese roommate, I think we have enough in common, the other guy is too normie though, has a gf and is /fit/.

Interview tomorrow. Haven’t prepared, will wake up early, go to the library and do some prep there. Need to get my shower before everyone else is up.

Need to contact my solicitor regarding the police investigation, I don’t understand why it is taking this long, detective said he had enough for the vouyerism charge when I was released on 31st March.

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11 thoughts on “A lot of steps back

  1. S67. Voyeurism

    Date Updated: January 2012
    Title: Sexual Offences
    Offence: Voyeurism
    Legislation: Sexual Offences Act 2003 S67
    Commencement date: 1/05/2004
    Mode of Trial: Either Way
    Statutory Limitations & Maximum Penalty:

    On Indictment – 2 years
    Summary Conviction – 6 months imprisonment and/or statutory maximum fine
    Culpability & Harm
    The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.

    The offence of voyeurism covers cases where someone who has a reasonable expectation of privacy is secretly observed. The offence may be committed in a number of ways:

    by direct observation on the part of the offender;
    by operating equipment with the intention of enabling someone else to observe the victim;
    by recording someone doing a private act, with the intention that the recorded image will be viewed by the offender or another person; or
    by installing equipment or constructing or adapting a structure with the intention of enabling the offender or another person to observe a private act.
    In all cases the observation, or intended observation, must be for the purpose of obtaining sexual gratification and must take place, or be intended to take place, without the consent of the person observed.

    The SOA 2003 defines a ‘private act’, in the context of this offence, as an act carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is ‘doing a sexual act that is not of a kind ordinarily done in public’.

    The harm inherent in this offence is intrusion of the victim’s privacy. Whilst less serious than non-consensual touching, it may nevertheless cause severe distress, embarrassment or humiliation to the victim, especially in cases where a private act is not simply observed by one person, but where an image of it is disseminated for wider viewing. A higher sentencing starting point is recommended for cases where the offender records and shares images with others.

    For offences involving the lowest level of offending behaviour, i.e. spying on someone for private pleasure, a non-custodial sentence is recommended as the starting point.

    A pre-sentence report,5 which can identify sexually deviant tendencies, will be extremely helpful in determining the most appropriate disposal. It will also help determine whether an offender would benefit from participation in a programme designed to help them address those tendencies.

    Where this offence is being dealt with in a magistrates’ court, more detailed guidance is provided in the Magistrates’ Court Sentencing Guidelines (MCSG).

    Aggravating & Mitigating Factors
    Aggravating
    Threats to prevent the victim reporting the offence
    Recording activity and circulating pictures / videos
    Circulating pictures or videos for commercial gain – particularly if victim is vulnerable e.g. a child or person with a mental or physical disorder
    Distress to victim e.g. where the pictures/ videos are circulated to people known to the victim
    Relevant Sentencing Council Guideline (if any)
    Guidelines effective for offences sentenced on or after the 14th May 2007.
    The starting points are for an adult offender, of previous good character who was convicted after trial.
    Type/nature of activity: Offence with serious aggravating factors such as recording sexual activity and placing it on a website or circulating it for commercial gain  
    Starting points: 12 months custody  
    Sentencing ranges: 26 weeks – 2 years custody

    Type/nature of activity: Offence with aggravating factors such as recording sexual activity and showing it to others  
    Starting points: 26 weeks custody  
    Sentencing ranges: 4 weeks – 18 months custody

    Type/nature of activity: Basic offence as defined in the SOA 2003, assuming no aggravating or mitigating factors, e.g. the offender spies through a hole he or she has made in a changing room wall  
    Starting points: Community order  
    Sentencing ranges: An appropriate non-custodial sentence

    ‘Non-custodial sentence’ in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.

    Relevant Sentencing Case Law
    R v Turner [2006] 2 Cr App R (S) 51 D 30 no previous was employed as manager of a sports centre. He set up a camera over a shower. The victim noticed and ran out. Videos of two other women were found at his home. V was sick she suffered with  stress related skin complaint as a result and was off work. He expressed remorse. The PSR concluded he posed a risk to adult females. He was motivated to seek help. HELD: The effect on the victim of this type of offence may be as traumatic as some forms of sexual assault. In view of his position custody but 9 months not 14.

    R v Sippings [2008] EWCA Crim 46 D 44 of good character. Pleaded to five counts of taking an indecent image of a child and 2 of voyeurism. His kitchen window looked into his victims bedroom. She was aged between 14 and 19 at the time of the offences. The pictures showed her from the waist up. PSR said D denied the offence was motivated by sexual gratification and blamed his mental illness. Medium risk of reconviction. He was socially isolated. Reports said he was compliant with the prison regime poor at coping with it. HELD D was a sad, lonely man with mental health difficulties who needed continuing help. A custodial sentence was not appropriate. Community Rehabilitation Order with conditions of attending a sex offenders programme and to receive mental health treatment not 9 months custody with a 3 year extension period.

    R v Hodgson [2008] EWCA Crim 1180 D 44 no previous convictions.  Pleaded guilty on rearraignment. He was employed by a small firm and he set up a camera to watch female colleagues in the lavatory. The equipment did not record.  The risk of repeat offending and harm was assessed as low.  HELD: The offence did not fall neatly into either of the two categories in the sentencing guidelines. It was more serious as it was continuing not a single instance. It involved the use of quite sophisticated equipment, implying a high degree of planning and premeditation and the targets were colleagues. This was an aggravating feature. As he had served the equivalent of 6 weeks in custody a community rehabilitation order for 3 years with supervision and a sex offenders programme.

    Ancillary Orders 
    Notification (S83 to 96 Sexual Offences Act 2003)
    Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
    Where the offence is committed against a child and the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006). 
    Consider Also 
    Dangerous Offender provisions apply. Sentences for public protection must be considered.
    Top of page

    Return to Sentencing Manual index

    http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s67__voyeurism/

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  2. My advice in court

    1. deny it was you who made the recording (not sure if it is too late for this). The recordings were made in a shared house. The onus is on the prosecution to prove it was you

    2. argue that recording was motivated not for sexual gratification, but instead for personal empowerment (if there’s no sexual gratification involved you can’t be found guilty under the sexual offences bill, although they could find you guilty under the lesser charge of public
    nuisance)

    3. as a last resort, point out that the recording was made in such a way as to protect her anonymity and guard her against public embarrassment (embarrassment of the victim is an aggravating factor)

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    • >protect her anonymity
      Probably fucked that defence up, I expect the prosecutors to respond with “well, you didn’t do a very good job of it since people figured out who she was”

      >not sexual gratification
      Obviously, they have seen the content on my laptop, I have no interest in naked women. Unless they try to spin the celebrity nudes from September which I saved only out of curiosity. Personal empowerment is better than revenge, good one.

      >someone else made the recording
      There is no recording, this is all hypothetical fun and games.
      If there was then I’d likely be caught setting it up like others who have historically been found guilty

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  3. Your flatmates are obviously trying to engage you and you are rejecting them for what reason ? All your problems are your own doing:- hiding in your room pissing, in bottles ,letting your milk go off and creeping down to the kitchen at midnight. You don’t have to play the hunchback of Notre Dame character; sort your life out before you become such a freak you’re unable to function in society. Seek a diagnosis for whatever classification of brain malfunction you quite obviously have(are your parents cousins ?) , you may receive CBT which will help and it could be a mitigating factor in your defense of your perverted obsessions.

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    • My parents aren’t cousins but my mother can be a crazy childish cruel bitch. I’m leaving this place soon so don’t care about the flatmates and I’m checking out of society for a while at least. Only picking up the antianxiety meds since I’ve done half the work bookingbthe appointment.

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