QUESTION: If the lady said there was no under-age sex and that their relationship began when she was aged-sixteen, which is of course within the legal age of consent, and it is not a crime for making sex images of themselves since they were in a family relationship when the images were made, why was Joseph prosecuted and convicted for this?
ANSWER: Joseph was prosecuted and convicted on Opinion-Evidence. As such, the jury verdict was decided on a ‘Balance of probability’, which is a lower standard of proof in a criminal trial, as opposed to “Beyond Reasonable Doubt”. There was no allegation or evidence that ‘Under-age sex’ occurred or that the lady “cried or distress” in a 29-second video selfie they had. This case and the nature of its opinion-evidence is now the subject of appeal, and we have been strictly advice not to discuss the minute of the case while this process is ongoing.
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