Mark walked away with no criminal record or any form of monitoring. He was not placed on the sex offender register and there is nothing he has to disclose to an employer or a partner.Because he hadn't broken any law, he's written some fiction. That this fiction involved the sexual abuse of his daughter is neither here nor there.
All images of children being abused are grounds for arrest, even when the men are not physically abusing anyone. Yet Emily’s case turned out to be not so clearcut in the eyes of the police. Were written fantasies about child abuse, shared on a legal site, against the law?
In short, no. Not even when an undercover police officer is watching.
This question would lead Emily all the way to parliament to try to toughen the law on sex chat sites.
Of course it did.
The sexual assault charges against Mark were dropped and changed to the sending by public electronic communication messages of an indecent, obscene or menacing character under the Communications Act 2003. A court date was set and Emily and Fiona expected Mark to plead guilty as he had never denied the horrendous way he had described abusing Emily online.
But that was before he sort legal advice clearly.
Within days of the arrest, Fiona took radical steps to completely reshape the life that Mark had blown to pieces. “I had a job interview a couple of days later and I just went to it in a daze. I barely remember it but I got the job, and at that moment I decided I would move house and start the new job as soon as I could.”
While Fiona was preparing to move, Emily was going down a rabbit hole into the darkest recesses of the internet. She began to read all she could about sex chat sites and was horrified to learn how easy it is to step straight into sexual chats about children.She wanted the police to know Mark hadn’t touched her, but she wanted him to be prosecuted for sharing his child abuse fantasies online. And she wanted to be recognised as a victim, something the police didn’t seem to understand.
Of course, victim status, what every teenager desires most these days.
But one day in the run-up to the court hearing, Fiona got a text from Mark saying he was not going to plead guilty. “He said, ‘I’ve found a loophole.’ With help from his lawyer, he had found a way to plead not guilty.”
Just days before the court hearing, the police got in touch. They were dropping the case. “They told us that, after discussions with the Crown Prosecution Service, they didn’t think there was a realistic chance of conviction. The officer I spoke to told me that in the eyes of the law, Emily was not a victim and therefore no crime had been committed. He actually said that in this situation the ‘victim’ was the undercover officer as they were the ones who read the messages.”
Once again the CPS dropped the ball, but shouldn’t they have realised that there was no law broken here before it got this far?
Fiona has seen Mark only once since the case was dropped: when she met him to get his signature on divorce papers. She saw then how happy he was to have escaped prosecution. “He made it clear that he considered it a prudish response, the public disapproval of a private fetish. We were prudes, the police were as well. It might have been embarrassing to have the messages revealed, but it wasn’t anything that should involve the law.”
Nor should it be. We don't criminalise people for writing fiction. Even if it's distasteful fiction.
For both Fiona and Emily, there is a feeling that people looking in at their situation might be judging them, questioning why they didn’t spot the signs.
They might well ask...
She and Mark had had their ups and downs. “He was controlling of me. I had discovered in the past he had been chatting to women online. We went to therapy to work on our relationship and I thought we were both putting in effort. Just before this happened I had been feeling he had a swagger to him. Now I know it is because he was still getting fulfilled by a secret online life.”
And like vengeful women everywhere, she cannot tolerate the thought. And is being used by people who do not have her or her daughter's wellbeing ay heart to push their own agenda..
McGlynn wants to see “a specific criminal offence to advocate, counsel or glorify child sexual abuse in text”, which would cover discussions in chatrooms and beneath videos on porn sites.
The State should not be encouaging women or men to believe that something they find distateful falls within its purview for the dead hand of the State to resolve.

