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bart_calendar October 7 2016, 12:57:37 UTC
Ok. I'm generally super against prosecuting teens for sending pictures of themselves, but in this case the family has left the prosecutor no choice but to do so and are being super assholes.

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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bart_calendar October 7 2016, 13:02:19 UTC
Oh, and her family saying she didn't violate the law is total bullshit.

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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naath October 7 2016, 14:20:03 UTC
Ah, sexist nipple rules. I bet BOYS can put photos of their nekkid chests anywhere they like no problemo...

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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bart_calendar October 7 2016, 14:28:24 UTC
nobody except an old law that nobody wants to enforce in this situation says it's porn.

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danieldwilliam October 7 2016, 15:02:42 UTC
Is there no public interest test for proscecutions?

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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cartesiandaemon October 7 2016, 21:56:33 UTC
And surely there *must* be -- I *think* they can and do (if not often enough) decline to prosecute some cases just because it would be stupid to do so, but even if not, don't they regularly fail to pursue minor traffic offenses and such like just because they don't have time?

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kalimac October 7 2016, 15:36:20 UTC
The parents refused to accept the "very reasonable" offer because it wasn't reasonable. It required admitting guilt. There was no guilt.

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gonzo21 October 7 2016, 16:47:20 UTC
And one imagines once guilt was admitted, she'd have that guilty verdict on her record for the rest of her life.

Which is a pretty big deal in the States.

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