Written Pornographic Stories and the law in England.

T.T.D

I’m not a lawyer.

But I can tell you that this JUST falls outside of  malicious communications act 2003 which is closely entwined with obscene publications act.  

CPS guidance if you wish to read https://www.cps.gov.uk/legal-guidance/obscene-publications

The obstacles in your way are:

 1. The time it has taken for the 2017 publication to be discovered by yourself.

2. The Audience to which it was aimed and the intent and context in which it was posted.

3. There doesn’t seem to a desired intention to cause you direct alarm and distress, it is quite feasible to pose a defence that his interests are quite far from yours and being within a Niche forum where you wouldn’t frequent or search for this particular content, it is not Main Street internet, he probably thought  wouldn’t have impacted you as you would never see it.  

4. The site has remedied your complaint, it’s no longer available to be read. 

5. Freedom of expression (and expressive thought).

Offences published online in the UK on USA or other Non UK based sites are subject to British Law, police can obtain the IP address of the UK publisher through warrant with the sites domain owner, often complied with but often long a drawn out process of months rather than weeks. 

You can write a cease and desist letter yourself, save the solicitors fee’s as there is no higher legal weight behind their letters than yours, he can choose to ignore both you and a solicitor and nothing in law prevents him writing and expressing in the future.

Is it harassment? PHA 1997 (link if you wish to read) https://www.cps.gov.uk/legal-guidance/stalking-and-harassment


NO, in my opinion Sorry it cannot be proved he targeted it at you, there’s several problematic elements you face with this, in fact the defence of publishing it in a niche section of the internet, where it could be argued, you would never look or search for it suggests the opposite that he wanted it hidden and didn’t target you directly, and again the time taken to discover that, and discovered it via your friend would aid his defence. 

Is it a Sexual Offence? 

It’s certainly a concern that he wrote it, but from your own post you admit confidently this is purely a fantastical story in his mind and never happened, if you know it didn’t happen then alleging to police it did, would be a criminal offence and could potentially ruin your life having a Pervert the course of Justice conviction to seek a means of prosecution lines. https://www.cps.gov.uk/legal-guidance/false-allegations-rape-andor-domestic-abuse-see-guidance-charging-perverting-course (CPS Guidance if you wish to read)

Although not legal advice I’m offering just a mere guide, I think his conduct maybe not of your taste and is of low moral, I don’t think it raises to a level from what you describe to be “illegal course of conduct”.

  

Peonyy

T.T.D said:

I’m not a lawyer.
......

......

Is it a Sexual Offence? 

It’s certainly a concern that he wrote it, but from your own post you admit confidently this is purely a fantastical story in his mind and never happened, if you know it didn’t happen then alleging to police it did, would be a criminal offence and could potentially ruin your life having a Pervert the course of Justice conviction to seek a means (....)(CPS Guidance if you wish to read)

Although not legal advice I’m offering just a mere guide, I think his conduct maybe not of your taste and is of low moral, I don’t think it raises to a level from what you describe to be “illegal course of conduct”.

  

Thank you, (and everyone else).  I really appreciate the in depth answer.  

Re: he touching me up when I'm sleeping.. i have no idea if that is fantasy or not, because until that point everything he stated was based on fact and i really wouldn't put it past him now.  Its certainly taught me a lesson about whose house to flake out on the sofa on.

I was hoping intent to debase under the malicious publications act could be proven under the pure fact he wrote all 3 stories after being turned down, and at the time had a major axe to bear (outside of this setting) and was causing a lot of trouble for us as a family.

I have placed a further call to the police just to check (before asking on here, but fully expect them to say the same as you tbh), although I am hoping they will at least pay him a visit to scare him over it at least.

I should add this guy was reported to the police for stalking a woman he worked with in 2006, police were involved, But, and here is the big but, his brother worked at the met at the time and no kidding the police responded by sending big bro round to tell him officially to stop.  So imo its escalating behaviour. Sadly law needs updating it seems to support things like this.

I also did a search after on his userid and found comments he placed on other sites relating to incest !!!!!!/rape of a daughter by a father.  Bloody awful stuff considering we have 2 children. 

CKhalvashi

Peonyy, I think you need to speak to the police if you are this worried, as a thought going through someones head I can get, but it does worry me that he's done something either to you or someone else.

You are not going to get a conviction on the basis of what is posted here for any sexual offences, however I have a guy feeling this needs to be on record. Again, not a lawyer, but this is highly concerning for me.

Peonyy

CKhalvashi said:

Peonyy, I think you need to speak to the police if you are this worried, as a thought going through someones head I can get, but it does worry me that he's done something either to you or someone else.

You are not going to get a conviction on the basis of what is posted here for any sexual offences, however I have a guy feeling this needs to be on record. Again, not a lawyer, but this is highly concerning for me.

Exactly this is my exact concern that he will hurt someone and I dont want that being my kids or myself... let alone anyone else.  

Vikipollard

Peonyy said:

T.T.D said:

I’m not a lawyer.
......

......

Is it a Sexual Offence? 

It’s certainly a concern that he wrote it, but from your own post you admit confidently this is purely a fantastical story in his mind and never happened, if you know it didn’t happen then alleging to police it did, would be a criminal offence and could potentially ruin your life having a Pervert the course of Justice conviction to seek a means (....)(CPS Guidance if you wish to read)

Although not legal advice I’m offering just a mere guide, I think his conduct maybe not of your taste and is of low moral, I don’t think it raises to a level from what you describe to be “illegal course of conduct”.

  

Thank you, (and everyone else).  I really appreciate the in depth answer.  

Re: he touching me up when I'm sleeping.. i have no idea if that is fantasy or not, because until that point everything he stated was based on fact and i really wouldn't put it past him now.  Its certainly taught me a lesson about whose house to flake out on the sofa on.

I was hoping intent to debase under the malicious publications act could be proven under the pure fact he wrote all 3 stories after being turned down, and at the time had a major axe to bear (outside of this setting) and was causing a lot of trouble for us as a family.

I have placed a further call to the police just to check (before asking on here, but fully expect them to say the same as you tbh), although I am hoping they will at least pay him a visit to scare him over it at least.

I should add this guy was reported to the police for stalking a woman he worked with in 2006, police were involved, But, and here is the big but, his brother worked at the met at the time and no kidding the police responded by sending big bro round to tell him officially to stop.  So imo its escalating behaviour. Sadly law needs updating it seems to support things like this.

I also did a search after on his userid and found comments he placed on other sites relating to incest !!!!!!/rape of a daughter by a father.  Bloody awful stuff considering we have 2 children. 

Accepting that things have changed in some ways in terms of response to reports of stalking since 2006, you absolutely must report him, and please give the details you found from a search on his user ID and the comments made.  At the very least, it will allow an intelligence item to be recorded and, if he is the subject of a report of stalking in the future, will give additional context to consideration of his behaviours.