 I'm a part-time model whos been modelling for about
15 years on and off, mainly for amateur photographers, but as you will see
my husband and I have had a serious problem to deal with.
For bookings at my home address I usually ask for a booking deposit,
hopefully to make sure the person requesting the booking is genuine before I
give them my home address, for this purpose my husband set up a PO Box
address.
Apparently, a photographer who had booked me about once a year for the last
4 years had sent a letter to the PO Box asking would I be able to make a
boy/girl and/or boy/boy/girl video (previously he'd only booked me for
lingerie, topless and UK magazine style photography) and did I have any
boy/girl videos for sale.
Unfortunately there was some sort of a mix up with our mail - we don't know
exactly what happened, but someone else opened our mail and read the letter
about the boy/girl and boy/boy/girl video and took boy/girl to mean
children. This letter and two others with it (containing booking deposits)
were then sent to the police.
On the 26th of February 2003, my husband and I were woken up at 7.10 am by a
knock on our front door. My husband went to answer the door, thinking it
might be the post or something similar, only to find two local CID officers
on our doorstep. The police had also jumped to the wrong conclusion and both
my husband and I were arrested under suspicion of producing and distributing
obscene images of children, which we strongly denied.
My husband was taken to the police station for questioning immediately. I
was allowed to stay at our home until I could arrange for my husbands sister
- who lives near by - to take our kids to school for us, then I too was
taken to the station were my husband and I were held for several hours in
the cells. The police also had a search warrant and as my husband was being
taken out of our house several other officers came in to start searching.
During the search, which took 6 officers over 4 hours to complete, we had
several items of our property damaged and several items seized for further
investigation including our computer and our children's computers, my
husbands camera and camcorder equipment, over 100 VHS "family" tapes
(pre-recorded and recorded from the TV) including Disney films and films
like Rambo, approx 20 "adult" VHS tapes and 8mm tapes (mainly of myself) -
these were hidden in our bedroom under the bottom draw of our chest of draws
(which was damaged).
The police also took my husbands briefcase which contained letters, address
book, diary, etc., a shoe box that contained about 250 pictures of myself in
various poses from portrait through to men's magazine style. They also took
all our computer software, including several photo set CD's, computer games
and printer, scanner and anti virus software, plus my sex toys (vibrators
and dildoes). The property they took for further examination, was taken out
of our house in clear plastic bags on full view to our neighbours
(computers, videos and sexy toys), which obviously started chins wagging.
Upon leaving our property the police left our house unlocked, they had also
searched our car and left that unlocked and without its alarm on. The police
also confiscated our PO Box ID card on the 26th of February, so we hadn't
had access to any mail sent there.
After being held in the cells for several hours I was interviewed first,
with my solicitor present. I was then bailed until the 3rd of June. My
husband was held for a further couple of hours before he was interviewed and
eventually bailed also until the 3rd of June. We were both questioned about
various aspects of our sex lives my modelling and about our use of the
internet, etc.
I then received a letter from the police on the 2nd of June informing me
that they were taking no further action against myself, but my husband still
had to attend on the 3rd for further questioning.
On arriving at the police station on the 3rd, with his solicitor, my husband
was informed that the police were not taking any further action regarding
the suspicion of producing and distributing child porn, which didn't
surprise my husband as we've never had anything to do with any form of
underage sex. However the thing that did surprise him and his solicitor was
that the police then informed my husband that after examining our computer
and our "adult" videos they were arresting him on suspicion of living off
immoral earnings.
After placing my husband in a cell for a short time his was interviewed
again, this time in regards to living off immoral earnings. As the police
said to my husband that by me performing modelling of a sexual nature
(continental, girl/girl and boy/girl) meant that I was actually offering
sexual services in return for payment, in other words prostitution.
(Many people still believe that the act of prostitution is illegal. However,
this isn't the case. The act of prostitution as such isn't illegal. However
to solicit in a public place is. This could be anywhere on the street, or in
a hotel bar.)
My husband told them that apart for disagreeing with them that my modelling
was a form of prostitution, that he wasn't living off immoral earnings as my
modelling fees were purely for myself. The police said that whether my
husband received any money or not didn't matter, as in helping me to
advertise on the internet and by designing my site for me he was aiding me
in my work. My husband was then bailed until the 24th of June, as the police
were sending a report to the CPS.
We were also given our children's computers back, plus our "family" videos.
However they kept hold of our computer, cameras, adult videos and my
vibrators etc., as evidence!!!
Then on the 6th of June my husband received a phone call from the police,
telling him that they wished to caution him in relation to the alleged
offence and would he accept it. Saves going to court and it appearing in the
local papers he thought so he said he would accept a caution. He was then
told that he would have to attend the police station at 11am on Monday the
9th to received the caution and be finger printed etc., and that he would
have to sign a disclaimer allowing the police to destroy all the material
associated with the offence (videos, photo-sets, CD's and letter's, etc.),
that I would "probably" be allowed to have my marital aids (sex toys) back,
and my husband would "probably" be given his camcorder and digital camera
back, but not the tapes or memory cards, and that the computer would also be
destroyed. You can imagine our reaction.
We would rather it didn't go to court as win or lose it would end up in the
local papers, then all our friends, relatives and neighbours would "know"
about my modelling, but not only that, as the "offence" is living off
immoral earnings, I would be made out to be a prostitute. It's one thing
people finding out that I've been doing some glamour/adult modelling, but
it's totally different them thinking I'm a prostitute. So my husband asked
the officer on the phone couldn't they just delete the so called offensive
material from the computer and camera memory cards, she said no as that
would take too long.
My husband immediately phoned his solicitor and told him. His solicitor said
he thought they were being totally unreasonable, but said if my husband
didn't agree it would probably go to court, it would be in the papers (which
we didn't want) and that if my husband was found guilty the court would
order the material destroyed, plus he would be either fined or sent to
prison.
Barry, my husband, went to the police on Monday the 9th to receive his
caution. His solicitor told him it's best to go for the caution and if
necessary take civil action to get our property back. Barry told the
officers dealing with the case this and asked them what would they be doing.
A female DC, said to Barry that if they deleted the
offensive material from the computer what guarantee would they have that he
wouldn't go onto the internet and continue with my site and that I wouldn't
continue with my modelling. To which Barry replied if the destroyed the
computer what would stop him buying another one and doing it anyway.
Barry told them that he would accept the caution, as although he thought if
they took him to court he'd win, he didn't want it in the local papers. He
also said that he didn't understand how he could be classed as living off
immoral earnings when he didn't touch my money. The female DC said
again that he didn't have to be receiving any of the money, just by living
under the same roof as a prostitute was classed as living off immoral
earnings (bollocks!! and since when has any form of modelling been classed
as prostitution?). Another DC then added that Barry was also guilty
because he was aiding me in advertising my modelling services. To which
Barry said in that case then all the modelling website owners and webmasters
were also guilty.
They then got the inspector to caution Barry. After he had received the
official caution the female DC told Barry that if I continue with the
modelling work that he'll be charged next time. Barry told them that it's my
decision not his as to whether or not I continue as he doesn't control me.
He also asked the female DC what level of modelling would be considered
illegal, to which she replied anything of a sexual nature, with or without
the interaction of another person (so according to the female DC virtually all glamour/adult modelling is now illegal - first
I've heard!!!).
The end result being that we've got everything back apart from a dozen or so
letters (don't know what's happened to any deposits the police collected),
approx 20 home made videos, approx 20 photo-sets (prints), 4 photo CD's, a
Bureau of Freelance Photographers pad of Model Release forms and a Bureau of
Freelance Photographers pad of Magazine Submission forms.
What we did get back was the computer (with nothing deleted!!!), my sexy
toys, 2 pre-recorded videos (They said we could have the pre-recorded videos
back but not the ones we made ourselves - to which Barry replied, So I can
have videos of other people having sex, but not my own wife? They didn't
answer that one.), Barry's camcorder and digital camera, briefcase, diary,
address/phone book, and 1 home-made video (basically the same content as
the others, so how we got that one back I don't know).
I thought I would post this message to let you know what has happened to us,
both as a warning to yourselves and in the hope that you might be able to
shine some light on the legal side of things regarding modelling to all
levels and the issue of living off immoral earnings.
Will I be continuing with the modelling? I don't know, I want to, but it all
depends upon where we stand legally in case they come back again in the
future, before I can come to a decision (I don't think Barry's solicitor had
a clue).
Chloe
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