Why is that of concern to me?
Simple. The Sexual Offences Act 2003 has the potential to make a criminal out of an otherwise law abiding citizen. Not only a criminal, but one of the most despised criminals on the planet.
What would I have had to have done?
Nothing. A not very well publicised change in the law would have turned you into a criminal without you even being aware of it. You can read the relevant extract of the act here, but I will summarise the important points for you.
Age of Consent
The age of consent for consensual males and females to have sex in the UK is 16. Before the act was amended in 2003, (effective from 1st May 2004), these ages also applied to what the law classes as 'indecent images' Under the amended act, it is now an offence to possess indecent images of anyone under the age of 18. So if you had legal images on your computer prior to May 2004, you would have automatically become a criminal on the 1st of the month for being in possession of indecent images, and you did not even have to move out of your armchair.
Ridiculous Anomalies
The law has decided that a 16 year old has the ability to consent to have sex with someone. If however you wished to take an 'indecent' photograph of that person, they are not deemed to be able to give consent until they reach the age of 18. Personally I would have thought that someone would be in more danger having sex, than having a photograph taken, perhaps this could be a topic for the discussion forum?
There are exceptions to this law. If you are married to someone under the age of 18 or you can prove that you are in a long lasting stable relationship, then it is legal to make images of your partner, providing:
So I just delete the images, what's the big deal?
Unfortunately it is not that simple. If you are using Microsoft Windows, I can't speak for any other software but I imagine it to be the same, the only option you have to remove files from your computer is to highlight the file and press delete. There is software available for overwriting deleted files but this is not foolproof. In any event, your attempts may be in vain, as deleted files can be recovered by using special forensic software. If you really want to loose some sleep, read this. Your computer records practically every move you make and records the activity in 'unallocated clusters'. These are not known by or accessible to the average PC user, but the police will use anything that they find there in evidence against you.
This article may also be of interest
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I use file deleting software so I am OK.
WRONG. Some file deleting programs randomise the dates that files were created in order to confuse any prying eyes. This could place you in even more danger. If you use such software and it changes a file date so that a file created prior to May 2004 and then deleted actually appears to have been made after that date, then you would also be charged with making that image as well as possession.
I don't look at images of young people, why should this be of concern to me?
It is possible that while you are surfing the web that you accidentally come across illegal material that you never intended to view. Don't think that pressing the delete button will exonerate you, because it won't. The activity will be recorded in unallocated clusters. You could still be charged with possession by the police.
So what does this mean to me?
Well, let's assume that you are one of those well informed law abiding citizens, you are aware of the law change and you delete the images from your PC, by highlighting the file and pressing delete, the only option open to you. These images will be placed in 'unallocated clusters' and if detected by the police, you could still be charged with possession of indecent images. The consequences could be:
I have formulated a question which I have sent to various police authorities in the UK. I will be posting their replies, or indeed their reluctance to reply as soon as they are received. I have also asked the same question to the Home Secretary, Charles Clarke.
If someone had indecent images of 16 and 17 year olds on their PC that had been placed there on or before April 2004 and then they deleted these images prior to May 2004, deleted in the only manor that Microsoft Windows permits i.e., by highlighting the file and pressing delete. Would your Police Force prosecute for the possession of those images?