Quote:
Originally Posted by killer_carlson
Agreed it's a serious charge, but if you have it on your temp folder and the cops find it, then it's your burden to prove that you weren't accessing it. The cops just have to show it's on your computer.
If it is on your computer and you're found to be commenting on it online, then I think it's that much more unlikely that you'll be able to rebut the presumption that you were looking at it.
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That's not quite how burden of proof works. It is the prosecution's job to prove beyond a reasonable doubt that someone was knowingly and willingly accessing child porn. All the defense has to do is plant that reasonable doubt do get their client off the hook, which is very easy to do if the only evidence presented is files stored on a temp folder. There are lots of ways for files to end up there without someone even knowing or acknowledging their existence. It doesn't prove anything. Like I said, child porn charges are usually reserved for the ones uploading it or the ones who have a collection of it saved somewhere.