In reaction, the man expressed his shock over the Order: " I'm in a state of shock, I cannot believe this is how the justice system works," he said.
"Can you imagine, 24 hours before sex? Come on."
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He however expressed his resolve to proceed on hunger strike in protest. "I intend to commence hunger strike in protest over the SRO (Sexual Risk Order) to which I am subject," he said
He condemned the Order as "unlawful", "unjustified" and "extreme". "I protest to being subject to an order that is unlawful in almost every syllable, is unjustified and is so extreme as to be utterly unlivable," he laments.
In justifying his condemnation of the Order, the man made reference to the Home Office guidelines, stating that his behaviour was not listed among those warranting an SRO.
At the moment, the order is in the interim, but may be made permanent by August when the Police shall pursuant to provisions of UK Sexual Offences Act, 2003 apply for the Order to be permanent. At which time, the restrictions may last for a minimum period of 2 years.
Although the man was acquitted of a rape charge after 24 months in remand, he however admitted to having interest in sadomasochistic sex and using fetish club in the past. As such, the potential validity of the Order.
According to British Sexual Offences Act of 2003, a Sexual Risk Order is imposed on a person where he/she has done "an act of a sexual nature and who, as a result, poses a risk of harm to the public in the UK, or children or vulnerable adults abroad." However, it is noted also that the individual subject to the Order ought not to have been convicted of any sexual related crime, but once the individual has done "an act of sexual nature (this term is not however defined in the Act but depends on the discretion of applicant)," and "as a result of which, there is reasonable cause to believe that it is necessary to make an order to protect the public from harm."
The Magistrate court is bestowed with the jurisdiction of making the order, but on the application of the Police or National Crime Agency.
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