Non Consensual Punishment

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John: May 03 Well, - I’ve got some good news and some bad news. The Bad News first.. The Crown Prosecution Service, in its wisdom has decided to prosecute me in a test case. I am attending Reading Crown Court for 'Pleas and Directions' on 2nd July. I am charged with selling for financial gain 4 obscene videos. I will be pleading 'Not Guilty' and have elected for 'Trial by Jury.' As the outcome of this case will have serious implications for everyone in the CP community, I would like to go public on it now, and post a 'sticky'. The 4 videos in question are: - Rigid East – Wild Party (1) Rigid East - Anarchy Rigid East – Unbridled Youth Raven Hill – When they Broke. The CPS want to establish, as a point of Law, that a video sold in this country may not show anything that breaks, or is liable to break the skin, or cause, or be liable to cause bruising to the skin. Specifically, this means Cane Marks, Strap marks, even hand or finger marks from a slap or spank. This represents a huge step backwards from the Spanner Ruling, which said it was illegal to draw blood, and that consent was no defence. In other words, if they win this case, anyone making CP Videos or selling them in this country will be liable to Prosecution in future. The Good News. The CPS accept that it is not illegal to own CP Videos, - only to sell them for financial gain. The original list of charges, included videos from some English Producers, namely - SFP, Moonglow, Strictly English, Smax, Red Stripe, Posterity, SIT and Cheeky Spankings. All of these charges have been dropped, as these videos were part of my private collection, and I had not been selling them. Thus this test case is being fought on imported foreign films only. However, clearly if the CPS win, British producers may well face Prosecution later. Bripuk June 03: I have just been informed by customs that my order for the latest Lupus video has been seized. What right have these people got to censor what I watch and to arbitrarily decide what is or is not acceptable. I am minded to challenge the seizure for no other reason but to cause inconvenience to the censors. How much longer should we tolerate this interference with our right to watch what we like providing it does not infringe the law. John July 03: I attended reading Crown Court yesterday for Pleas and Directions on the case. One charge has been dropped. The CPS are now prosecuting Anarchy Unbridled Youth When they Broke (all other video charges have been dropped) CPS then asked for an adjournment of 4 to 6 weeks, as they have only been studying this case for 2 1/2 years, and this is not enough time for them to get the prosecution evidence together coherently. Hopefully the trial will take place sometime between 28 July and 12th August. (Unless the CPS ask for another adjourment.) Therapist July 03: I fear that Wild Party has been dropped because it's the only one of the Czech three that doesn't show the girls strapped down (and with their legs apart). I understand the other two (Headmaster series) also show the girl on her own, rather than with 4 other girls, and made to kneel on an uncomfortable mat until her knees are pitted. I haven't heard of an MP that is not in favour of censorship and prepared to publicly defend the most severe CP videos. There are bound to be a proportion of the electorate that don't like them, and that's a lot of votes. But they are freely available throughout the rest of Europe, and consensual. If the courts think women are being obliged to do this for money why not do more to relieve poverty? At least videos like this bring attention to their plight so why suppress them? Why should Britain have more censorship than the rest of Europe? Isn't that only going to lead to resentment, and smuggling, as it does with alcohol, and tobacco, and even petrol and diesel? Realistically I don't think you will win all the jury over, but you don't have to win many. Good Luck! Fiveohfive July 03: Secondly, I'm amazed they have chosen When they broke. A pretty rubbish video by a pretty rubbish producer, Raven Hill. For those of you who haven't seen it, you haven't missed much. Its basically a poorly presented collection of out-takes from a selection of mediocre tapes Raven Hill have produced over the past 6 or 7 years. The weird thing is, in all cases, the girls simply say "Cut!" or "Stop!" when they can't take it any more. This shows clearly that they are not in any danger - they are the ones who are controlling things... In other words, this may well reassure the jury that no force or coercion is being used. As far as I can remember, the spankings aren't too severe either - certainly nothing approaching Rigid East's standards. John July 03 The day was taken up with 3 hours (on and off), of complex legal arguments as to the validity of the charges. The legal assumption being that ANY form of CP is now illegal is being seriously challenged by my Barrister. After 5 hours of exhaustive arguments the judge conceded the prejudicial point and agree a 7 day adjournment to give both side time to prepare a full presentation in Crown Court as to why this case should be heard at all. An exausting day - but a crucial legal point was won. John July 03 At one point in the proceedings in April, the CPS stated that they were not going to proceed with the prosecution of the 3 videos. The senior CPS man involved, - then unfortunately died. His successor, then decided on May 15th that the CPS were going to proceed with the Prosecution and served a new set of Committal papers. This is getting very close to double jeopardy, and they are not allowed to do this. My legal team is therefore asking for the case to be dismissed. This will require a full hearing at the Crown Court, as an important point of Law is being decided here. This hearing will take place on........ wait for it 2nd December 2003........... My trial, will or will not take place at some unspecified date after that. So I am sorry to say that we are in Limbo and twiddling our thumbs for the next 4 months. If ever there was a Case of sustained farce, - this is it. John July 03 A preliminary hearing has now been set for 02 September, - to hear legal arguments as to whether the Breach of Procedure made by the CPS is sufficient to warrent having the case dismissed. If the case is dismissed, that will be the end of it. If not - Trial will take place on 2nd December. So it gives me time to prepare and get my affairs in order if the worst happens. John September 03 Despite admissions that the CPS -HAD- breached accepted procedures in the long run up to this case, the Judge ruled that the breaches were not sufficiently serious to dismiss the case. The case will therefore go ahead on the 2nd December and will probably last 2 days. The first day being taken up with legal formalities and the swearing in of the jury. The nitty - gritty will probably commence on the 3rd December. So nothing to do but wait for 3 months. The wheels of justice grind slowly. Bripuk December 03 John has been found guilty of lending/giving obscene videos. The videos were: Anarchy Rigid East Unbridled Youth Rigid East When They Broke Ravenhill He was not found guilty of selling tapes for profit. I suspect that the vast majority of spanking videos could now be considered obscene and that it will be an offence to even give them to another individual. John's barrister thinks that he could face a sentence of 12 months in prison. He will be sentenced on 9 January. This outcome should send shockwaves through the spanking community Participle December 03 Under UK law with regard to the BBFC the fact that a film has an 18 or R18 is no defence against a Sec 2 prosecution should you be taken to court for obscenity. The BBFC may well take advice from the police but neither they or the police can state with certainty that a film is obscene, under UK law only a jury can make that decision. Previous cases in Sec 2 trials are not relevant. Say for instance that in October a film was sent for trial under Sec 2 entitled 'Dog Sex' and the jury found that the film was not obscene. Then, in November the same film is brought to trial again. The question is; to whom was it published, not was is on the film. The simplest way to explain Sec 2 is; who is looking at it. I sell R18 films to persons over the age of 18 from a licenced sex shop - no problem. I sell R18 films to primary school children from the playground - there minds are open to corruption - say hello to Sec 2! The obscentity laws at a first glance may seem vague, but as long as you think before you publish you would be hard pressed to fail the test which is to deprave and corrupt. I don't work for C & E but I've been sorting packets for Royal Mail for over 20 years & I can tell you just by looking at a packet who's sent it & what it's likely to contain (or have a reasonable guess at it). You just get a feel for these things. So I don't think you're going to get any scat material past C & E now that you've already had some seized. Maybe you could ask MFX to use different packaging & stick a fake return address on it (e.g. musicsounds.com). Also, use another address now that they've got your own on file & definitely have your packets addressed to a fictitious woman. It's my experience that women only ever order fitness, dieting & music videos. Hope that's of some help. Bripuk December 03 As I understand it if you endeavour to import a video which is deemed to be obscene by C&E and it is then seized it is purely a civil matter and the only action that is taken is the seizure of the tape. If you then challenge this seizure it is then tried before a magistrate and the only penalty you may suffer is having to pay costs (usually about £150). I challenged Cand E when they seized Beach Girl Spankings 1 (Ravenhill) but ultimately withdrew during the showing of the tape in court because I felt that the noise the girls were making would sway the magistrate . I did not however have to pay any costs. What is ironic is that in order to challenge the C&E you must be permitted to view the video! I was informally told that any spanking video in which the skin turned red was likely to be seized. Clearly the law is in a mess on this issue and requires some clarification. In his summing up the judge clarified the law about distribution. The words "give" "loan" "lend" all apply although clearly not for gain. I know John did not appreciate that it was illegal to give tapes to another individual and of course once the jury had deemed the videos to be obscene they had to find him guilty. I agree with Dave that Wild Party is pretty extreme but the CPS decided specifically not to include this tape among the ones on which to prosecute. How on earth do you now decide if you lend a video to a friend whether you have committed a crime?

 

Bripuk January 04 I have just heard that John Ash has been sentenced to 9 months in prison [half of which was suspended]. In my opinion this is a draconian sentence for what is a trivial offence. I think the following facts should be borne in mind. He was found guilty of giving obscene videos to a friend. These were not copies but originals. He was found not guilty of selling obscene videos for profit. I now wonder how many people on this website are criminals. Which of us have in the past given\lent a video to a friend which could be deemed to be obscene. During John's trial none of his friends were cross-examined so how the jury were able to determine whether these individuals were likely to be depraved and corrupted by viewing this material is completely beyond me or indeed whether they were already depraved and corrupted and therefore would have not been affected by the videos is also an unanswered question. A sad day for freedom and liberty in this country!!

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