Name: A legal expert explains what it would take for police to get involved in the James Charles sexting scandal
Brand: insider.com
SKU: insider-com-121
Availability: OnlineOnly

critic

A legal expert explains what it would take for police to get involved in the James Charles sexting scandal

preview

Two crossed lines that form an 'X'. It indicates a way to close an interaction, or dismiss a notification.An icon in the shape of a person's head and shoulders. It often indicates a user profile.Redeem nowOver 3 million people read ; you should too!Something is loading.Since May 2019, have accused James Charles of sexual misconduct, ranging from allegations that the YouTube star solicited nude photos from minors to claims that he sexually harassed men in-person and through conversations on apps like Snapchat and Instagram.Many of the allegations surfaced in , and Insider has not been able to independently corroborate the claims. On April 1, Charles acknowledged that with two boys who say they're 16 were authentic in a YouTube video called "holding myself accountable."&nbsp;Separately, on February 26, Charles addressed in a statement posted to Twitter. Charles said Isaiyah and another unnamed 16-year-old both lied about their ages and claimed to be 18. In , Isaiyah said Charles "lied in his tweet" and said his age was publicly available in his Instagram bio at the time he and Charles were messaging each other. Insider also reviewed Isaiyah's school documentation that showed his birth date.&nbsp;As the claims have unfolded across social media, people have asked if law enforcement should get involved. Insider spoke with , a lawyer-turned-YouTuber, about the legal questions surrounding the scandal.Baker was a deputy district attorney in Los Angeles for more than 10 years and about pop culture and YouTube drama on her channel, where she has close to 100,000 subscribers. She received her JD from Southwestern University School of Law and has experience with legal cases concerning sex crimes and minors.Calls for Charles to be investigated by authorities&nbsp;have echoed across social media, even in the . Baker told Insider that it's unlikely any law enforcement agency would initiate an investigation into Charles without an accuser coming forward to their local agency.&nbsp;"You would first have to have a police investigation, a police report, and someone either coming forward and talking to the police or the police knowing someone from one of these TikToks and starting their investigation there," Baker said. "You would need a person who is willing to hand over their TikTok to the police."Some of the TikTok users who have accused Charles of sexting them while they were underage wrote in comments on their posts that they were filing police reports or had been contacted by the police, but Insider has not been able to independently verify whether an investigation is active in any jurisdictions.&nbsp;When investigating the accusers' social media posts, Baker said law enforcement would need a reasonable basis to obtain a search warrant to seek evidence from the social-media companies directly involved, such as Snapchat, Instagram, and TikTok.Baker said the authenticated evidence from these companies could include IMEI (International Mobile Equipment Identity) numbers, as a phone's fingerprint. Baker said these warrants could also lead companies to reveal the location images and messages were sent from."You can say, 'This cell phone in this person's hand sent this message to this account,'" Baker said. "At the end of the day, if James is going to be prosecuted for things that were being sent back and forth, you have to prove that he's the one holding the phone. And that he's the one sending the things, even if it's his account."Social media companies can't turn over that kind of evidence without a court warrant, Baker said, or else they could be sued. She also said the process of a police investigation starting, obtaining a warrant, and receiving authenticated evidence could take months.&nbsp;When Charles made his video called "holding myself accountable," he opened the video by identifying himself. He then went on to say that the "conversations should have never happened." Charles said he was being "reckless" by talking to his fans in pursuit of a romantic or sexual relationship.&nbsp;Baker said that, if Charles were prosecuted over the sexting allegations, the statements he's made online could be used against him&nbsp;in court.Baker said Charles' video cemented the fact that conversations with minors happened. She said that any prosecution would depend on "the content of those conversations."Depending on the charge, a prosecutor would have to argue that the purported messages sent between Charles and his accusers demonstrated sexual intent, sexual gratification, and a solicitation of photos from minors, Baker said. In the conversation he had , Charles wrote that Isiayah sent him "lewd photos of himself in the shower," and Charles said he "flirted back." Charles didn't elaborate on any other accusers.Baker noted that alleged criminal acts aren't always prosecuted through criminal cases. For example, accusers could pursue a civil lawsuit for harassment and seek a financial settlement or financial reward, she said. Several of have brought forward civil litigation against him."Filing civil causes of action can force negotiations for a behind-the-scenes settlement," Baker said. She also discussed reasons an accuser might not want to come forward to police, including in cases involving physical assaults and rape.If an accuser has allegations against a public figure, Baker said that taking their story to the media may protect others from that person. Sharing allegations anonymously would also allow an accuser to avoid having a future employer see their story when Googling their name, Baker said.&nbsp;She also compared the wave of accusations against social media figures to the #MeToo movement in Hollywood. Baker said there weren't many charges that came out of the movement, which mainly focused on raising awareness.&nbsp;"I think it's a very valid choice and one people get to make. It's not up to anyone else to decide when somebody should go to the police," Baker said. "I understand not trusting the justice system with your trauma if your goal is to warn others and is not necessarily to put somebody in prison."Sign up for notifications from Insider! Stay up to date with what you want to know.Subscribe to push notificationsAn icon in the shape of a lightning bolt.Keep readingIt indicates an expandable section or menu, or sometimes previous / next navigation options.Two crossed lines that form an 'X'. It indicates a way to close an interaction, or dismiss a notification.

Two crossed lines that form an 'X'. It indicates a way to close an interaction, or dismiss a notification.An icon in the shape of a person's head and shoulders. It often indicates a user profile.Redeem nowOver 3 million people read ; you should too!Something is loading.Since May 2019, have accused James Charles of sexual misconduct, ranging from allegations that the YouTube star solicited nude photos from minors to claims that he sexually harassed men in-person and through conversations on apps like Snapchat and Instagram.Many of the allegations surfaced in , and Insider has not been able...

public

Kat Tenbarge

What you want to know. Follow us on Facebook, Instagram, and YouTube. Visit our homepage for the day's top stories.

A legal expert explains what it would take for police to get involved in the James Charles sexting scandal

No article scores yet.

CRITIC REVIEWS

PUBLIC REVIEWS