May 2018

Man took pictures of sexual activity with 14-year-old girl

A man has been jailed for taking indecent pictures of a 14-year-old girl but was not convicted for having sex with her as he “reasonably believed” she was 18.

Alain Kisuesu, from Tildsley Street, Bolton, was given 12 months in prison at Bolton Crown Court on Friday after admitting three counts of producing indecent images of a child.

The 33-year-old had previously been charged with rape but the charge was dropped by the Crown Prosecution Service, as the girl had given consent and he “reasonably” thought she was 18.

He was also not accused of sexual activity with a child, despite the fact that two of the images showed him engaging in sexual activity with the teenager.

Judge Richard Gioserano told Kisuesu, through an interpreter, that his case was “unusual”.

He said: “The prosecution had charged you with raping this girl but these rape charges were not pursued. Nor did the prosecution charge you with the alternative — sexual activity with a child.

“Although this girl was only 14, this was with her consent and you believed her to be 18 and, what is more, that belief has been accepted as a reasonable belief.

“But you are still guilty of the offence of taking the images of her at the time of the sexual activity.

“While you are still guilty of these offences, this is an unusual case for the purposes of sentencing. The sentencing guidelines for taking indecent photographs of a child do not apply to this case.

“These are primarily aimed towards those people that produce what is known as child pornography images of young people being abused.

“People usually go to prison for a long time but in the unusual circumstances of your case, you will get 12 months in prison.”

David Bentley, prosecuting, said the sexual activity had not been deemed unlawful but the pictures were.

There were three images all taken between March 22 and March 26 last year.

Two of them were Category A, the most severe, and one was Category B.