Monitoring Prosecutions

Please notify Backlash of any arrests that come to your attention.

In March 2010 the trial took place of the man who had already had one charge dropped (because it failed the sexual gratification test) on two remaining charges. During the trial he was advised to change his plea to guilty, which advice he followed. Backlash is still investigating the circumstances.

During 2009 a handful of prosecutions were undertaken, to our knowledge all save two being instances where the police chose to tack onto more serious charges a charge under the extreme image provisions.

In the first of the stand alone charges, a "vulnerable" 20 year old was accused in February, pleaded guilty in June and was given a supervision order.

In the second case a man was charged after his computer was seized in June 2009 and intended to plead not guilty, but when this charge came before the Crown Court in December 2009 the prosecution decided to offer no evidence against him on this count because the film had not been produced for the purposes of sexual gratification.

Monitoring relies on local media because official arrest data is "abysmal", as the Bichard inquiry (set up after the Soham murders) pointed out.

As experience builds up Backlash is well placed to ensure anybody unwittingly caught up in this legislation will be able to receive competent specialist legal advice.

If you would like to contribute to monitoring this legislation, please
contact Backlash.

If you are a journalist or a researcher and would like to cover all sides of the
debate, please email us

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  • Backlash is an umbrella organisation providing academic, legal and campaigning resources defending freedom of sexual expression. We support the rights of adults to participate in all consensual sexual activities and to watch, read and create any fictional interpretation of such in any media.