Showing posts with label UnitedKingdom. Show all posts
Showing posts with label UnitedKingdom. Show all posts

Monday, February 23, 2015

UK - Facebook case: Sex offender is awarded £20,000 in damages

Facebook lawsuit
Original Article

02/20/2015

Damages of £20,000 have been awarded to a convicted sex offender who sued Facebook, the operator of a page called Keeping our Kids Safe from Predators 2.

Facebook Ireland Limited, hosted the page, operated by Joseph McCloskey.

The High Court in Belfast said the information published by Mr McCloskey "harmed the public interest, creating a risk of reoffending".

The plaintiff, CG, was convicted in 2007 of a number of sex offences.

He was sentenced to 10 years imprisonment and released on licence in 2012.

'Harassment'
CG brought an action seeking damages and an injunction on the basis that Facebook and Mr McCloskey misused private information, are in breach of Articles 2, 3 and 8 of the European Court of Human Rights, and are guilty of actionable negligence.

He also sued Facebook over separate postings by the father of one of his victims.

The judge found that Mr McCloskey was liable to CG for misuse of private information and for unlawful harassment.

The judge also made an injunction against Mr McCloskey preventing him from harassing, pestering, annoying or molesting CG whether by publishing, distributing, broadcasting or transmitting any information on Facebook or otherwise.

He also ordered Facebook to close the profile/page Keeping our Kids Safe from Predators 2.
- Well, if they closed it, a new page has popped up.  Not sure if it's ran by the same person or not though.

The judge awarded CG damages of £20,000.

This relates to £15,000 against Facebook and Mr McCloskey in respect of the postings by Mr McCloskey.

The judge also awarded £5,000 against Facebook over the postings by the father of one of CG's victims, who operated a separate page.

Lawyers for the sex offender who issued proceedings have predicted it could pave the way for compensation claims by many others who feel similarly aggrieved.

Thursday, March 27, 2014

UK - Even the innocent should worry about sex offender apps

iPhone Apps
Original Article

03/26/2014

By Sharif Mowlabocus

The average citizen may not feel that they have anything to fear from the rise of apps that promise to identify sex offenders in their area but they are part of a worrying trend that should act as a warning about what happens when personal data is flattened out and sliced up into apparently user-friendly services.

Sex-offender-locator apps proudly boast that they can help users find sex offenders in their local area. But they aren’t, of course, actually detecting anything. US federal law mandates that every state must collect information on convicted sex offenders and make it available to the public online. Sex offender locator apps take this freely available data and repurpose it.

After loading the app on your phone, you are presented with a map of your surrounding area and an icon, such as the commonly used blue dot, to show your own position. As you move around your neighbourhood, the app tracks your movements and the blue dot moves accordingly. At the same time other dots or pins also appear on the screen. These are most often coloured red and indicate the address of a registered sex offender. Clicking on a pin opens a profile containing an image of the sex offender, some personal data such as their age, sex, ethnicity, date of birth and address, and a list of convictions together with the date of those convictions.

At first sight these applications seem helpful. Many parents would want to know if there was a sex offender living next door for understandable reasons. And since SORNA mandates that local police forces should notify communities when sex offenders convicted of more serious crimes move into their neighbourhood they aren’t necessarily providing much more information than users would receive without an app.

There is a crucial difference though. As well as informing residents, SORNA also mandates that crime prevention teams work with local communities to explain how to keep children safe, how to talk to them about stranger danger and sexual abuse and how to deal with having an offender living in the local vicinity.

It is this contextualisation that is notably absent from the sex offender identification apps that are currently available. It is always good to know who we are living next to but without further resources such knowledge becomes at best meaningless and, at worst, the root of paranoia and fear.

The mapping illusion

Reoffending rates for sex offenders are far lower than many other crimes but these apps don’t give you that information. They might provide you with a sex offender’s last known address but fail to tell you that an alarmingly high percentage of convicted sex offenders have no fixed abode.

And it’s important to note that even though SORNA is a national law, different states have drastically different rules for which crimes will land you on the sex offender register. Few would argue that a violent child rapist should be included but in some states, you can end up on the register for having consensual sex in a public place or even urinating in an alleyway.

Then there is the mapping of sex offenders. Maps are amazing things. They tell us where things are – most of the time, when they work. Google Maps is only as accurate as the last time it was updated. The same can be said for these applications.

Worse still, the SORNA mandated databases are, frankly, a mess. There is no funding to implement SORNA and as a result, the information contained in them is often out of date and sometimes incorrect.

The mapping techniques employed by sex offender apps are therefore doubly illusory. The live tracking of our own movements by these apps belies the inaccuracies of the databases and suggests that what we are seeing is up to date, perhaps even being provided in real time, when in fact it isn’t.

Mapping us all

You may not feel concerned about this. You may think that sex offenders deserve what they get. But the prospects of people being affected in the same way, even if they’ve never committed a crime, are on the horizon.

In the UK, for example, discussions are ongoing about making patient records and data held by the NHS available to third parties. It has not yet been decided how these third parties will use this data but already companies have been found to be offering mapping services based on the information.

You may have been depressed in your teenage years. You may have even contemplated suicide. You may now be living a healthy, happy life and have long forgotten those anxious adolescent years. But if you reported it, if you sought help or advice from the NHS, then that record is still there.

And when data becomes compressed by third parties, when it gets flattened out into one single data stream, your present and your past collide with potentially huge ramifications for your future.

When it comes to personal data – of any kind – we not only need to consider what it will be used for but how that data will be represented, and what such representation might mean for us and others.

Friday, February 21, 2014

UK - Father tells of ordeal after woman (Sharlene James) falsely accused him of Brighton rape

Sharlene James
Sharlene James
Original Article

02/21/2014

By Anna Roberts

A woman who falsely accused an innocent man of dragging her into gardens and raping her has been jailed for two years.

The innocent man Sharlene James alleged attacked her was arrested on suspicion of rape.

He was held at a police station in Sussex for more than 14 hours where he was stripped naked and subjected to intimate medical examinations and grueling questions.

As police on the ground cordoned off a huge area of Kemp Town, Brighton, he wept as officers asked him why he raped the woman.

At the same time James had claimed she was raped, police were already investigating a series of similar attacks in the Kemp Town area.

Police yesterday said her lies prompted fears a “serial attacker was at large”.

But the couple only shared a taxi and did not kiss - let alone have sex.

Yesterday - more than two years after the original 'rape' was alleged - James, now 26, of Parham Close, Brighton, was convicted of conspiracy to pervert the course of justice.

She had claimed at Lewes Crown Court yesterday she had suffered temporary amnesia and forgot what had happened during the early hours of November 9, 2011, when she claimed she was dragged into a bush in New Steine Gardens by a man she had just met and subjected to a violent attack.

She named the man as her attacker, despite the pair - who had only met briefly - sharing a short taxi ride and engaging only in brief conversation.

The man, who has children, said he had been at a nightclub in Brighton with friends on the night of Tuesday, November 8, 2011, when he bumped into James who he had never met before.

They got chatting and he, her friend and his friend shared a taxi to Kemp Town. They passed the gardens where she alleged the rape occurred, but nothing happened.

Recounting the story exclusively to The Argus yesterday, he said: “I just thought it was a normal night, nothing untoward.”

We were just chatting and having a laugh.”

We did not have sex, or kiss, nothing happened.”

Two days later the man, now 29 and living in Brighton, was out when his girlfriend's father called him and said the police wanted to talk to him.

He said: “My father-in-law, that is what I call him, said, 'the police have been looking for you'.

I laughed it off at first. I could not think why they wanted me.”

They had asked for me by my first name, but that was all.”

I thought that was weird. I phoned up the police and they said they needed to speak to me urgently.”

They said, 'It's a case of rape'.

I felt cold all over. I knew I needed a solicitor.”

I went in and they arrested me on suspicion of rape.”

I was so scared. I was thinking, 'I haven't done anything'.

I was stripped naked and they did medicals on me. They did swaps on me.”

The questioning was grueling and intense.”

It felt unreal. I was so upset and angry.”

I was in the station for 14-and-a-half hours and then my girlfriend told me I couldn't go home.”

My girlfriend initially believed it. She didn't think another woman would make it up.”

He said since then his girlfriend had come to terms with the fact he was not lying. But he has not told her about the ongoing case to prosecute James for her false claim.

He added: “I kept it from my loved ones - I did not want them to have to live through it again.”

Sharlene's story was ludicrous - she said she had amnesia.”

But she tried to wreck my life.”

I would not wish it on my worst enemy.”

He explained the case against him was dropped within a week after CCTV evidence proved he was not in the area at the time of the alleged attack.

But it has still had an impact,” he said. “The mental impact has been ridiculous.”

If I had been found guilty I would have been looking at ten years.”

She has got two. It is good that she is jailed but it should have been for longer. It should have at least been four.”

Women are raped and they are raped violently. Lying about it makes a mockery of genuine rape victims.”

He said the false allegation has also cost him about £800 in lost work and staying in hotels while the case was being investigated.

Detective Chief Inspector Carwyn Hughes said: “Police were already investigating a number of incidents in the Kemp Town area when this allegation was made.”

As in all cases we took this report very seriously and were quick to respond.”

On launching an extensive investigation we quickly concluded that this offence did not take place and aside from raising unnecessary anxiety and alarm, many hours were wasted that could have been put to better use investigating genuine reports of crime.”

I would like to stress that this will not affect in any way our response to reports of sexual offences and I would urge anyone who is a victim to contact us, even if the incident happened a while ago.”

We will take your report seriously and it will be dealt with sensitively and confidentially.”

Call us on 101 or email 101@sussex.pnn.police.uk.”

Monday, February 17, 2014

UK - Children as young as 10 arrested for rape as 10 cautions given out for child sex crimes in Cambridgeshire

Juvenile sex offenders
Original Article

02/17/2014

By RAYMOND BROWN

Ten offenders have been given a ‘slap on the wrist’ by Cambridgeshire police over sex crimes involving children, as tough new rules are brought in over cautions for serious offences.

New data has also revealed children as young as 10 have been arrested on suspicion of rape.

A total of 52 under 16 year- olds have been arrested over alleged rape since 2009 and of those, 36 saw no further action taken, including two 11-year-old boys and a boy aged 10.

A dozen were charged including two aged 13, two aged 14 and 10 aged 15 – the rest were bailed.

Police Minister Damian Green has told the News the Government is “tightening up the rules” on cautions for serious offences.

The police data revealed three cautions for causing or inciting a female child to engage in sexual activity were issued. Three cautions were handed out for sexual activity with a female child and two involving a boy.

Two cautions were issued for sexual assault on a child in the last two years and two for creating indecent images of children.

Mr Green said: “We have already changed the rules on simple cautions so they can’t be used for persistent repeat offenders or for very serious offences.”

There have been examples of, say, a 16-year-old boy and a 15-year-old girl where you may not want to have a criminal record for that.”

Any sex with anyone under 16 is rape so there are very small numbers of examples for that but obviously in general, any kind of hugely serious offence like that shouldn’t result in a caution, and we are tightening up the rules on that.”

Police have now been banned from handing out cautions to serial offenders after Justice Secretary Chris Grayling introduced new legislation on February 5. In future, a ‘slap on the wrist’ will be banned except in exceptional circumstances.

A police spokeswoman said the “decision to caution is not made lightly” and a raft of facts are taken into account.

She added: “It should also be noted that a caution is not a soft option. It has to be accepted by the alleged offender, is a matter of permanent record and can result in the offender being placed on the Sex Offenders Register.”

The decision to caution is also made or approved by the Crown Prosecution Service in sexual offence cases of a serious nature. If young people are involved, the Youth Offending Service become involved and, if appropriate, the cautions are conditional to the young people taking part in a suitable programme with support services.”

Wednesday, February 12, 2014

UK - Brother of Hull sex offender beaten after 'being mistaken for jailed paedophile'

Leigh Hemingway
Leigh Hemingway
Original Article

Once again and innocent person is attacked due to the online (hit-list) registry. This is exactly why the registry should be taken offline and used by police only.

02/12/2014

The brother of a convicted serial sex offender claims he was beaten by four men in his own home after being mistaken for his jailed sibling.

Leigh Hemingway, 32, claims he was called a “paedophile” and beaten over the head with a guitar and punched by four men who had burst into his flat unannounced.

His brother is currently serving four years behind bars for filming up a schoolgirl’s skirt in 2012 after a string of other sex-related offences, including exposing himself to a nine-year-old girl at a city leisure centre in 2007.

Mr Hemingway said: “I just feel like I am being tarred with the same brush as him.”

I have no convictions for anything like that but just because I have a Hemingway name, I am living in fear.”

On Friday, Mr Hemingway was about to leave his flat when he claims four men burst into his flat unannounced and refused to leave despite his pleas.

Then, they allegedly said: “Aren’t you that paedophile?” before smashing a guitar over his head and repeatedly punching him in the face. His mobile phone and £20 were also stolen.

Mr Hemingway, who had lived at the hostel for a year after months of living on the street following arguments with his parents, said: “You expect something like that from a horror movie but it was really happening. I have had nightmares ever since.”

There was blood all over the room, the living room and the kitchen. It was like a murder scene.”

My head just went black and felt dead inside. One minute I was watching Father Ted, the next I was being smacked.”

Mr Hemingway was knocked unconscious and taken to Hull Royal Infirmary, where his head was stitched up.

He is likely to be scarred for life.

The police were called and he told them of his ordeal.

Police have arrested and charged a man in connection to the incident.

He has appeared at Hull Magistrates’ Court charged with grievous bodily harm with intent, affray and theft.

Now, Mr Hemingway is too scared to return to the hostel for fear of being attacked again.

He has also been branded a grass by friends of the men because he went to the police.

He said: “I have been called a paedophile before and I have brayed people for saying it.”

I feel like I am a vulnerable person just because of who my brother is and now, I am even more vulnerable.”

I just want some help.”

Since _____ was convicted, Leigh has had nothing to do with his brother.

Tuesday, February 11, 2014

UK - Online crime fighter vigilante Stinson Hunter blasted by cops during public meeting

"Stinson Hunter"
"Stinson Hunter"
Original Article

02/11/2014

By Sam Dimmer

Police have stepped up their war of words with online crime fighter Stinson Hunter saying he operates “blindly” and puts paedophiles peoples lives at risk.

At a public meeting held last night Warwickshire Police’s assistant chief constable Lewis Benjamin was asked for his perspective on Hunter’s actions.

Mr Benjamin responded: “He does it quite blindly. He doesn’t know if we’re engaging a police operation against his target.”

He may well drive them underground and ruin what we are doing.”

Secondly he could be putting the paedophile people at risk. Some people might say so what but also he could be endangering their family as well.”

People could get it wrong like that case in Cardiff where they attacked the paediatrician.”

It’s not a good thing to do.”

We have written to Mr Hunter and protested about his methodology and what he does. We are waiting to see what his response to that is.”

The Telegraph reported earlier this month how Warwickshire Police had written to Hunter saying they would consider legal action if he didn’t stop what he is doing.

Hunter, who is based in the Coventry and Warwickshire area, has since responded saying he plans to continue.

Responding to the latest criticism the 32-year-old said he was considering taking legal action against the force himself.

He also claimed that Warwickshire Police have helped him operate.

Look at my work in 2012 and my attitude then and compare it to where I am now,” he said.

I didn’t get there on my own. I have had people telling me what to do and I have taken that on board.”

It hurts for them to say I operate blindly because they are the people who told me what to do.”

If they haven’t assisted me would I be able to walk into a police station with my laptop in my rucksack and hand over evidence?

I’m going to be seeking legal advice. They’re threatening me with legal action saying I don’t know what I’m doing and it’s just not true.”

I feel hurt and let down. I built a relationship with some of these people and then a senior officer says something like this.”

The public are behind me – that’s a fact. And paediatricians are absolutely fine by me.”

The public meeting where Hunter’s actions were discussed was the first of its kind held by Warwickshire police and crime commissioner Ron Ball.

See Also:

"Stinson Hunter's Take"

Friday, February 7, 2014

UK - Introduction to the Female Paedophile

We have no doubt there are female pedophiles, but we are sick and tired of the media / politicians and organizations misusing the term. Just because someone commits a crime against a child that doesn't make them a pedophile, it makes them a child molester / child sexual abuser.

Video Description:
Michele Elliott of Kidscape talks about females and pedophilia. Although we like to think that children are always safe in the hands of women, female child sexual abuse is very common, very damaging and very hidden.



Full Video: