a teacher at kings prep school, is charged with possession of child abuse material
A teacher at Kings Prep School, is one of 11 men charged with possession of child abuse material according to The Sydney Morning Herald on June 15, 2011. He seems to have been charged with an offence under s.91H of the Crimes Act. Section s.91H deals with the production, dissemination or possession of child abuse material. The maximum penalty for the offence is ten years in gaol.
When Magistrates and Judges sentence offenders found guilty of an offence of either production, dissemination or possession of child abuse material, they primarily consider the seriousness of the offence when determining the penalty.
The sentence is largely determined by the quantity and nature of photographs, video and other child abuse material disseminated or in the possession of the offender. The Judge normally considers photographs, video and other child abuse material with reference to the Copine scale.
This is a 10 level scale, one being indicative (non-erotic and non-sexualised pictures showing children in their underwear, swimming costumes etc) up to ten being sadistic/bestiality (pictures showing child being tied bound, beaten, whipped etc and pictures where an animal is involved in some sort of sexual act with a child).
The Copine Scale
Non-erotic and non-sexualised pictures showing children in their underwear, swimming costumes from either commercial sources or family albums. Pictures of children playing in normal settings, in which the context or organisation of pictures by the collector indicates inappropriateness.
Pictures of naked or semi-naked children in appropriate nudist settings, and from legitimate sources.
Surreptitiously taken photographs of children in play areas or other safe environments showing either underwear or varying degrees of nakedness.
Deliberately posed pictures of children fully clothed, partially clothed or naked (where the amount, context and organisation suggests sexual interest).
5 Erotic Posing
Deliberately posed pictures of fully, partially clothed or naked children in sexualised or provocative poses.
6 Explicit Erotic Posing
Pictures emphasising genital areas, where the child is either naked, partially clothed or fully clothed.
7 Explicit Sexual Activity
Pictures that depict touching, mutual and self-masturbation, oral sex and intercourse by a child, not involving an adult.
Pictures of children being subject to a sexual assault, involving digital touching, involving an adult.
9 Gross Assault
Grossly obscene pictures of sexual assault, involving penetrative sex, masturbation or oral sex, involving an adult.
a. Pictures showing a child being tied, bound, beaten, whipped or otherwise subject to something that implies pain.
b. Pictures where an animal is involved in some form of sexual behaviour with a child.
Very little weight is given to a person's good character when sentencing them for an offence of possession of child abuse material.
If the teacher is found guilty, unless the material found in his possession involved him directly, or involved children from Kings Prep School, the fact that he was a teacher should not increase his penalty.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.