A 24 year old swim coach who was sending an intimate message to his girlfriend made a mistake that cost him his freedom. Craig Evan was inviting his girlfriend to have sex with him but instead of sending the message to her, he sent it to all of the contacts on his phone; this included members of his own family .
To make matters worse, the steamy Blackberry Message went to two underage girls who were on Evans contact list as well. One age 13 the other age 14. Evans was subsequently arrested and charged with “causing and inciting a child to engage in sexual activity”.
Evan was jailed for 18 months at Birmingham Crown Court in July.
This week Evan case was brought before the Court of Appeal in London where his attorney attempted to have his conviction overturned. The case brought before the judge stated that Evan message was sent to so many contacts that it was difficult to conclude that he was targeting any one specific person or persons.
The content of the message, which basically asked without addressing anyone specifically if they would like to have sex with him “skin on skin” and whether they would like to have “fast or slow” sex appeared to definitely be misguided.
Lord Justice Elias, the judge presiding over the case granted Evan an appeal citing that,
‘The facts of this case are rather unusual. Messages… were sent to every single contact in his phone, including members of his own family.’
‘The fact that they were repeated shows that he was evidently misguided in the use of his BlackBerry.
‘It is difficult to conclude that he was targeting anyone.
‘There were a number of mitigating factors in this case.’
His original sentence was suspended and Evan was set free.