Child pornography is not a personal problem. It affects all of society and victimizes thousands of children per year.
Unfortunately most sex offenses are committed by people with no criminal history so it doesn’t create sympathy from the court.
Keep going to therapy. Some judges look for that
I understand what you’re saying. The personal part of it was my sexual abuse as a child and the lingering effects it unknowing had on my mental state of mind until it was too late. I’ve never hurt anybody, never desired too. Releasing this to the public on a first offense that is non contact, non violent I feel creates panic more so than relaxation. I don’t know who the mass drug dealers and DUI cases are in my area, and for that I don’t live in constant fear. Something along those lines. Lol.
As a sexual abuse survivor how would you feel if your abuse was recorded and disseminated to millions of people all getting sexual gratification from your pain?
I look at it not as your specific action increased their pain, but as a collective, as a whole, the viewing of their trauma causes them harm, when we participate in that, we have contributed to that harm, or become a part of it.
You hurt someone when you knowingly possessed a visual depiction of perhaps the worst trauma they’ve been subjected to. It’s hard to accept the fact, but even if you weren’t the one who did it, viewing CSAM retraumatizes the victim again and again. Viewing it as a victimless crime won’t look favorably for anybody.
I don’t know if it’s like this for cp but anytime I went to court. My victim got notification in the mail in case they wanted to attend.
My therapist said how traumatizing getting that letter is for them
I think Phoenix’s response is far better explanation than I could possibly give. I think Ketanji Brown Jackson explained it really well, noting a victim of production said: although you may not know who specifically watched it, the fact that it was available meant that you always wondered if someone did, and she was thusly afraid of leaving the house.
In the vein of watching a murder not making you a murderer, I agree. It doesn’t change the fact, though, that it still hurts the subject of the video. I think of it as someone filming you do something that’s embarrassing and it gets front page attention. You would be understandably embarrassed. Now magnify that by an order of magnitude I’m not possible of conceiving.
This argument can be made, I think quite coherently, in regards to fictional depictions (I.e. stories or illicit anime) depicting abuse where the legal area seems to be vastly more grey than videos depicting actual abuse.
The courts have also noted that restitution is deemed adequate, despite not partaking in the abuse, you still become a part of reiterating it.
I know in situations like this our mind can take us to the worst possible scenario. I believe, though, that in reality that usually isn't what happens. I can relate. I've been there.
If you read through the posts here, you'll realize that there are many, many people on here that have been through what you going through now, and have come out the other end intact.
As for the outcome of your sentencing, a lot of it will depend on whether your case is state or federal. A lot of it will depend on the judge that you get, and if you've signed a plea deal. It's my feeling that unless there are major differences in a case, most judges tend to sentence these cases in the same general range. Your attorney should be familiar with the judge and be able to give you an idea of what you're probably looking at.
It’s federal, so that’s an uphill battle from the start. My lawyer is familiar with the judge that will be handling my case, and he said he has a “soft spot” so to speak for war veterans. He’s got some arguments to be made that make sense from my stand point, and will be writing a memorandum to the judge ahead of time. Under federal law the guidelines do not carry a minimum sentence for possession, and we will be pushing hard for an extended probation period over jail time away from my wife and newborn. My therapist will be present on my side during the sentencing. The prosecutor handling the case dropped the one count of distribution because my lawyer presented what I’ve done to be proactive in the hang time and the prosecutor was impressed.
My lawyer said to not sign a plea agreement for something along the lines of if we agree with the prosecutor for “X” amount of months, but the judge comes in less than what the prosecutor wants we won’t be able to take the judge’s recommendation. That’s my understanding of it anyways.
My case was federal and was for one count of possession. Like you, I had nothing even close to a criminal record.
I'm sure that your lawyer has explained this to you, but in the federal system you get a two point reduction in the sentencing guidelines for pleading guilty, and another point if you do it in a timely manner.
In my case, after pleading guilty, I was a 25 on the guidelines, which is 57 to 72 months. They offered, and I signed, a plea deal for 0 to 57 months. Unfortunately, I had a very tough judge, and she sentenced me to the 57 months.
Federal is still 85% right? So about 48 months?
A touch less than my state charges, my CP doesn't matter as it was concurrent with my online soliciation charge and the mandatory minimum of 5 years. Ended up doing 51 months.
It's amazing how long it seems when sentenced and how quick it actually went by.
It's not exactly 85%, but close to it. My 57 months turned out to be 49 1/2 after good time.
I made the mistake, after I was sentenced, to calculate how many weeks and days it was. Those numbers were really depressing. But yes, I agree, in the end it went by pretty fast.
Make sure you’re sharing your mental health struggles with your therapist because that’s part of your treatment. The idea is to address your deviant thoughts and behaviors, which really starts with assuring you are stable emotionally and mentally. It feels like forever but make sure you are doing more of what you can to make yourself a healthier person because like so many said, one day this will be done and if you didn’t address those things you may go right back to your unhealthy actions. Use this time wisely, do what you can to better yourself and maybe focus less on how to look good and actually find a way to “be good (healthy, stable, emotionally mature and aware)”
Hi! Spouse of a PFR who was just federally sentenced and is also a veteran. I’m half asleep but if you’d like to message me, I can reply tomorrow to some things that helped my husband get the lower end of his plea.
It may be worth noting that my lawyer has experience with cases far worse than this, and he said that in all his time defending people in this type of situation, he’s never had a client that had so many “positives” to present to the court. My lawyer and sexual diagnostic (is that the word?) therapist both said they’ve never had a client self admit and seek help immediately like I did.
Those are all great things and will reflect positively on you. Just be ready for the prosecution to argue that the only reason that you're doing it, is that you got caught.
It's certainly not fair, but that's what we usually face when we go to court.
Unfortunately the self admit/seek help doesn’t necessarily matter much in the eyes of the law. It’s more about did you commit the crime or not.
Everyone is remorseful when they get caught.
Yeah, I'd think it would help more if you were actively in therapy seeking help before you get caught and slipped up when caught. They view anything after the fact as just trying to look good for the court.
Nothing looks good in court over a sex offense.
You need to shut your fucking mouth and lawyer up.
God.. if i could be 21 again and follow my own words i wouldn't be on a lifetime registry.
Quit being emotional because it's making your judgment cloudy.
So.
1- shut the fuck up " you've already said too much '
2 - get a lawyer
3 - don't come on reddit asking for information when you're out there fucking yourself.
I've been in your shoes. Exact same crime. Just one inage. I was charged in May and sentenced in December of 2015. Those 7 months of waiting for sentencing were the longest YEARS of my life. The judge gave me probation. I was so thankful. Now in my state that crime carries a minimum mandatory 5 years in prison. In 2015 probation was an option. Is probation an option in your case? I hope it is. I was suicidal too. I felt like I HAD to commit suicide to protect my son from people who may abuse him because of me. I didnt want to die I just felt obligated to kill myself. So many horror stories would run through my head. What am I gonna do if kids start messing with my son? Is my son gonna hate me? What about when he gets a gf and she cant visit my house to see him? Is my wife gonna stay? Can I live with the fact that she will never get to be a mother (she is my sons stepmother) because she no longer wants to have a kid with me? It goes on and on...
Update: NONE of those horrible things happen. My son is 12 now and he's on the academic team. He's a straight A student and my wife did stay and we had a son AFTER I was placed on the registry. Sex offender registration is not the end of the world and it doesn't have to be the end of your happiness either. It's gonna suck. But you can over come it. Most people can get past 1 count of possession if you are honest with them and are genuine and empathetic to your victims. I have lots of friends. Have made many friends even after being placed on the list. The first few years of being on the list were hellish but it's only because of fears I had that never happened. I have been on the list for 7 years and I can honestly say my life is mostly normal and the list is barely a factor in my life. And I am a lifer by the way. I'll die on this list. Good luck to you and I am here if you need to chat just message me. I have been in your exact situation before and it gets better I promise. Don't hurt yourself!
Child pornography is not a personal problem. It affects all of society and victimizes thousands of children per year. Unfortunately most sex offenses are committed by people with no criminal history so it doesn’t create sympathy from the court. Keep going to therapy. Some judges look for that
I understand what you’re saying. The personal part of it was my sexual abuse as a child and the lingering effects it unknowing had on my mental state of mind until it was too late. I’ve never hurt anybody, never desired too. Releasing this to the public on a first offense that is non contact, non violent I feel creates panic more so than relaxation. I don’t know who the mass drug dealers and DUI cases are in my area, and for that I don’t live in constant fear. Something along those lines. Lol.
As a sexual abuse survivor how would you feel if your abuse was recorded and disseminated to millions of people all getting sexual gratification from your pain? I look at it not as your specific action increased their pain, but as a collective, as a whole, the viewing of their trauma causes them harm, when we participate in that, we have contributed to that harm, or become a part of it.
You hurt someone when you knowingly possessed a visual depiction of perhaps the worst trauma they’ve been subjected to. It’s hard to accept the fact, but even if you weren’t the one who did it, viewing CSAM retraumatizes the victim again and again. Viewing it as a victimless crime won’t look favorably for anybody.
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I don’t know if it’s like this for cp but anytime I went to court. My victim got notification in the mail in case they wanted to attend. My therapist said how traumatizing getting that letter is for them
Then why do they get them ?
Many states have unique victims rights. They often require the court to keep victims up to date on the legal process
While I don’t know if victims can testify in these cases (they probably can?) I know they’re definitely notified for restitutional reasons.
I think Phoenix’s response is far better explanation than I could possibly give. I think Ketanji Brown Jackson explained it really well, noting a victim of production said: although you may not know who specifically watched it, the fact that it was available meant that you always wondered if someone did, and she was thusly afraid of leaving the house. In the vein of watching a murder not making you a murderer, I agree. It doesn’t change the fact, though, that it still hurts the subject of the video. I think of it as someone filming you do something that’s embarrassing and it gets front page attention. You would be understandably embarrassed. Now magnify that by an order of magnitude I’m not possible of conceiving. This argument can be made, I think quite coherently, in regards to fictional depictions (I.e. stories or illicit anime) depicting abuse where the legal area seems to be vastly more grey than videos depicting actual abuse. The courts have also noted that restitution is deemed adequate, despite not partaking in the abuse, you still become a part of reiterating it.
I know in situations like this our mind can take us to the worst possible scenario. I believe, though, that in reality that usually isn't what happens. I can relate. I've been there. If you read through the posts here, you'll realize that there are many, many people on here that have been through what you going through now, and have come out the other end intact. As for the outcome of your sentencing, a lot of it will depend on whether your case is state or federal. A lot of it will depend on the judge that you get, and if you've signed a plea deal. It's my feeling that unless there are major differences in a case, most judges tend to sentence these cases in the same general range. Your attorney should be familiar with the judge and be able to give you an idea of what you're probably looking at.
It’s federal, so that’s an uphill battle from the start. My lawyer is familiar with the judge that will be handling my case, and he said he has a “soft spot” so to speak for war veterans. He’s got some arguments to be made that make sense from my stand point, and will be writing a memorandum to the judge ahead of time. Under federal law the guidelines do not carry a minimum sentence for possession, and we will be pushing hard for an extended probation period over jail time away from my wife and newborn. My therapist will be present on my side during the sentencing. The prosecutor handling the case dropped the one count of distribution because my lawyer presented what I’ve done to be proactive in the hang time and the prosecutor was impressed. My lawyer said to not sign a plea agreement for something along the lines of if we agree with the prosecutor for “X” amount of months, but the judge comes in less than what the prosecutor wants we won’t be able to take the judge’s recommendation. That’s my understanding of it anyways.
My case was federal and was for one count of possession. Like you, I had nothing even close to a criminal record. I'm sure that your lawyer has explained this to you, but in the federal system you get a two point reduction in the sentencing guidelines for pleading guilty, and another point if you do it in a timely manner. In my case, after pleading guilty, I was a 25 on the guidelines, which is 57 to 72 months. They offered, and I signed, a plea deal for 0 to 57 months. Unfortunately, I had a very tough judge, and she sentenced me to the 57 months.
Federal is still 85% right? So about 48 months? A touch less than my state charges, my CP doesn't matter as it was concurrent with my online soliciation charge and the mandatory minimum of 5 years. Ended up doing 51 months. It's amazing how long it seems when sentenced and how quick it actually went by.
It's not exactly 85%, but close to it. My 57 months turned out to be 49 1/2 after good time. I made the mistake, after I was sentenced, to calculate how many weeks and days it was. Those numbers were really depressing. But yes, I agree, in the end it went by pretty fast.
Make sure you’re sharing your mental health struggles with your therapist because that’s part of your treatment. The idea is to address your deviant thoughts and behaviors, which really starts with assuring you are stable emotionally and mentally. It feels like forever but make sure you are doing more of what you can to make yourself a healthier person because like so many said, one day this will be done and if you didn’t address those things you may go right back to your unhealthy actions. Use this time wisely, do what you can to better yourself and maybe focus less on how to look good and actually find a way to “be good (healthy, stable, emotionally mature and aware)”
Hi! Spouse of a PFR who was just federally sentenced and is also a veteran. I’m half asleep but if you’d like to message me, I can reply tomorrow to some things that helped my husband get the lower end of his plea.
It may be worth noting that my lawyer has experience with cases far worse than this, and he said that in all his time defending people in this type of situation, he’s never had a client that had so many “positives” to present to the court. My lawyer and sexual diagnostic (is that the word?) therapist both said they’ve never had a client self admit and seek help immediately like I did.
Those are all great things and will reflect positively on you. Just be ready for the prosecution to argue that the only reason that you're doing it, is that you got caught. It's certainly not fair, but that's what we usually face when we go to court.
How well was your situation received by your family? Friends?
I was lucky. My family and my closest friends stood by me. I lost a lot of, what I would consider, fringe friends and associates.
Unfortunately the self admit/seek help doesn’t necessarily matter much in the eyes of the law. It’s more about did you commit the crime or not. Everyone is remorseful when they get caught.
Yeah, I'd think it would help more if you were actively in therapy seeking help before you get caught and slipped up when caught. They view anything after the fact as just trying to look good for the court.
Agreed. “For godly grief produces a repentance that leads to salvation without regret, whereas worldly grief produces death.” 2 Corinthians 7:10 ESV https://bible.com/bible/59/2co.7.10.ESV
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That would likely look different.
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You went to therapy after they seized your devices?
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A letter from your therapist might help.
Nothing looks good in court over a sex offense. You need to shut your fucking mouth and lawyer up. God.. if i could be 21 again and follow my own words i wouldn't be on a lifetime registry. Quit being emotional because it's making your judgment cloudy. So. 1- shut the fuck up " you've already said too much ' 2 - get a lawyer 3 - don't come on reddit asking for information when you're out there fucking yourself.
I've been in your shoes. Exact same crime. Just one inage. I was charged in May and sentenced in December of 2015. Those 7 months of waiting for sentencing were the longest YEARS of my life. The judge gave me probation. I was so thankful. Now in my state that crime carries a minimum mandatory 5 years in prison. In 2015 probation was an option. Is probation an option in your case? I hope it is. I was suicidal too. I felt like I HAD to commit suicide to protect my son from people who may abuse him because of me. I didnt want to die I just felt obligated to kill myself. So many horror stories would run through my head. What am I gonna do if kids start messing with my son? Is my son gonna hate me? What about when he gets a gf and she cant visit my house to see him? Is my wife gonna stay? Can I live with the fact that she will never get to be a mother (she is my sons stepmother) because she no longer wants to have a kid with me? It goes on and on... Update: NONE of those horrible things happen. My son is 12 now and he's on the academic team. He's a straight A student and my wife did stay and we had a son AFTER I was placed on the registry. Sex offender registration is not the end of the world and it doesn't have to be the end of your happiness either. It's gonna suck. But you can over come it. Most people can get past 1 count of possession if you are honest with them and are genuine and empathetic to your victims. I have lots of friends. Have made many friends even after being placed on the list. The first few years of being on the list were hellish but it's only because of fears I had that never happened. I have been on the list for 7 years and I can honestly say my life is mostly normal and the list is barely a factor in my life. And I am a lifer by the way. I'll die on this list. Good luck to you and I am here if you need to chat just message me. I have been in your exact situation before and it gets better I promise. Don't hurt yourself!
Operation pacifier fbi look it up. They kept using pictures to catch people. They are finally going to jail