Did the Appellant’s conduct demonstrate a sexual interest in children and/or was sexually motivated?
Did the Appellant’s conduct demonstrate a sexual interest in children and/or was sexually motivated?
As to the third question, in evidence before us the Appellant insisted that he was an adult gay male with an interest in older men and absolutely no interest in male children.
There can be no doubt that the Appellant’s conduct in messaging was sexually motivated. As the TRA panel observed, “there was no other plausible reason for this conduct”, and that motive was amply demonstrated by the substance and tone of the Appellant’s messaging. Again, as the TRA panel noted, his comments “arose in the context of sexually explicit messaging on social media sites which [the Appellant] stated he was using for the purpose of finding sexual partners”. We acknowledge that such usage does not, in and of itself, necessarily entail a sexual interest in children. However, for the reasons indicated above, we find that at least some (but certainly not all) of the messaging demonstrated a sexual interest in children. We also recognise that at the time in question the Appellant found himself mentally in a very dark place which may well not reflect his current outlook. However, we must bear in mind that the issue of appropriateness for barring is in effect non-appealable, as we explained above.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service was not based on any material mistake in any finding of fact and involved no mistake on
- Introduction
- A summary of the factual background
- The Upper Tribunal oral hearing
- The legal framework for barring decisions
- The Disclosure and Barring Service’s decision in 2024 to bar the Appellant
- The Appellant’s grounds of appeal
- The Appellant’s oral evidence
- Mistake of fact and the electronic messaging with Witness A
- Did the Appellant exchange electronic messages with Witness A?
- Did the Appellant state that he had engaged in sexual activity with one or more children (or use words to that effect)
- Did the Appellant’s conduct demonstrate a sexual interest in children and/or was sexually motivated?
- Mistake of fact and the alleged possession of IIOC
- The error of law arguments
- The Appellant’s other arguments
- Disposal
- Conclusions
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