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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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A convicted sex offender ( American national) was sentenced

Resolved Question:

A convicted sex offender ( American national) was sentenced to a 4 year prison sentence in this country with a release date of January 2017. We have now become aware that he was deported on May 31 (without us or even his parole officer being notified). This person is now re-establishing contact with the victim who at 17 is even now still a minor ( we have proof of this in our possession in the form of Internet sexting pictures ). He is therefore in obvious breach of the conditions attached to his conviction at the time. What are our options? Will the American authorities be able to take any action, and how come he wasn't deported to an American jail to serve the remainder of his sentence? This seems like early release!
Regards ***** ***** der Heijden
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

What was the substantive offence?

Customer: replied 6 months ago.
Penetrating sex with 14 Jr old whilst being her teacher
Expert:  Jo C. replied 6 months ago.

He is in breach of the conditions but whether or not he will be the subject of a prosecution is another matter.

The American authorities have no jurisdiction. They can and will co-operate with the UK authorities but it is not all that likely that the UK authorities would seek to return him to the UK over this.

He would be breached in the UK but that is only really going to have practical effect if he is returned to the UK for recall.

She can always block him on social media sites or change email address etc. There are lots of things that can be done to provide immediate protection.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
My daughter whom we haven't confronted yet seems to be still under the influence of this paedophile and complying with requests for sexting! I do not know how to tackle this since she won't be a minor for much longer (18 May 2017). She is obvious in danger of destroying her entire future ( possibly Oxbridge next year), and I would like the relevant authorities to do whatever is possible to prevent any form of contact between the 2.
Customer: replied 6 months ago.
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Expert:  Jo C. replied 6 months ago.

No, she won't be a minor much longer and that is an issue.

The reality is that if she wishes to have contact with him then that is something she is free to do in the long run.

It is quite unlikely the UK authorities will seek his return I'm afraid.

Expert:  Jo C. replied 6 months ago.

Apart from anything else, if she is 17 then she is over the age of consent for actual sex now.

The only reason there is potentially an offence here is that the age of consent for photography is higher.

Expert:  Jo C. replied 6 months ago.

But within a year she will be free to have contact with him as she wishes.

Customer: replied 6 months ago.
I'm aware of the legal limits, but is there anything I can do to make the police persue this both here or with their counterparts in the states, or are there any possibilities on a private basis?
Expert:  Jo C. replied 6 months ago.

There is no means of seeking extradition on a private basis.

As I have said, the Americans have no jurisdiction.

There aren't really any means of forcing the police in the UK to do something they would not normally do.

Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you I think you have just reaffirmed what I already knew and thought.
Regards ***** ***** van der Heijden

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