Oct 07, 2016 12:00
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She like everyone else was offered pre-trial intervention - which is what happens when a prosecutor thinks charges shouldn't be filed but as a sworn officer of the court can't ignore the letter of the law. It means "yeah, I don't think you should be punished, here watch this video and everything goes away." It's like what they give you if they catch you writing your name on a bathroom wall.
To be like "no, we are not going to take your very reasonable offer" strikes me as them simply hoping they can sue the guy and get a settlement from the government.
It's not the prosecutor's job to create the law, but he is legally bound to do something to enforce it when he is given absolute proof that it has been violated. And he acted ridiculously sensibly in saying "ok, let's all watch a video on how taking dirty pictures can be a bad idea" to everyone involved.
As soon as the parents said "no" to pre-trial intervention he was legally obligated to press the charges. If he didn't do so he could be disbarred.
The family is doing this girl no favors at all.
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The second you take a picture - even if you don't transmit it - that has an underage nipple in it you have violated the law. And you can't tell me this girl got a perfect picture of her hair covering her nipples on the first try.
Also if the boyshorts shot showed any cameltoe it's also a violation and I'm betting that it probably did.
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Camel toe in tight shorts is a Thing That Happens. People go outside looking like that. They don't get arrested for public indecency. How is that porn???
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I'm pretty sure the situation in the UK is that the public prosecutor can decide not to pursue a case, even an open and shut one, if they determine that a prosecution would not be in the public interest.
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Which is a pretty big deal in the States.
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