Wife hacking private accounts

[Sound_Mirror]

Hi, I recently discovered that my wife hacked in to a number of my personal accounts, without my permission or knowledge, took screenshots of personal information and shared these through text messages with at least one other person, who subsequently shared them with two others.

Has a crime been committed?

[atticus]

There may have been an offence under section 1 of the Computer Misuse Act 1990. Whether the police will be interested is another matter.

Is she about to divorce you?

[PallasAthena]

Let's see what the lawyers on here say but generally it's a criminal offence to hack into anyone else's computer/devices and read their files (Computer Misuse Act I think) and it is irrelvant whether the hacker is your spouse. Spouses have no special exemption from the law against hacking. Often happens when one spouse suspects the other of cheating on them, or during divorce proceedings.

The law aside it doesn't do much for the trust and openness needed for a long lasting healthy and happy marriage.

[Sound_Mirror]

She has made two allegations to the police (May 2023). One of domestic violence and one of coercion and control. I was arrested, released on bail pending investigation and banned from attending the family home and from contacting either her or her son. I absolutely deny the allegations and I have a solicitor preparing a representation to the police in the hope of having them thrown out.

It's worth mentioning that she has made allegations before that have not been upheld. She is on a Spouse visa that runs out in November. In order to stay in the UK she would either need an extension of the Spouse visa (which is what we were always planning to do until the marriage broke down this year) or she is able (and probably already has) to apply for Indefinite Leave to Remain based on being a victim of Domestic Violence. This - unbelievably - is quicker and cheaper than the Spouse visa route, is a non judicial process with a lower threshold of evidence and whose consideration does not include ANY contact with the alleged perpetrator. You read that right. An application will be considered solely on what the applicant can provide as evidence. There are cases the Home Office know to have ben fraudulent, but there has been no legislation (as of present time) to tighten up the process beyond the need for some third party report that supports the applicant's claims.

This process can be completed within a few weeks if the HO determine there is sufficient cause for concern. Thus, assuming the CPS decide to charge me, it is quite possible that I will face a court trial seeking to prove my guilt in a domestic violence case, having already been determined as technically guilty by the Home Office!

[Sound_Mirror]

The silence is deafening - is this usual?

[PallasAthena]

What is it you want to know about that you haven't been given an answer to? Your original question in Post #1 has been answered. Your Post #4 doesn't ask any questions, just gives background context.

[Sound_Mirror]

Yes, in answer to the "is she about to divorce you" question

[Sound_Mirror]

But, if a question is required, how about: If - as would seem to be the case vis-a-vis my wife's hacking - a crime has been committed but the police have no interest in pursuing it, what can be done?

[atticus]

I suppose you could bring a private prosecution, if no one else will take action.

https://www.gov.uk/government/public...e-prosecutions

[islandgirl]

If there is no evidence from a 3rd party then it is your word against the word of your wife. The CPS will only charge if they have a good chance of conviction. The circumstances will no doubt be taken into account. I also doubt that the Police will be interested in the alleged hacking. And as for time taken to reply - everyone is a volunteer with a life and commitments - people answer when they can.

[Sound_Mirror]

...hence my question "is this usual?"

[islandgirl]

hence the answer - people answer when they can. That may be quickly or slowly.

[Sound_Mirror]

[QUOTE=islandgirl;n1649850]hence the answer - people answer when they can. That may be quickly or slowly.[/QUOTE

I am grateful to anyone who gives up their time voluntarily.

[islandgirl]

Thank you. I truly hope that someone with the detailed knowledge you need posts but I think you have our opinon on your original question. You could always visit a solicitor for a free initial consultation and see if they feel the same if you wish to take it further. Should you be charged then this behaviour would form part of the story although, from what you have said, this will hopefully not be likely. Good luck.

[Sound_Mirror]

Thank you. I truly hope that someone with the detailed knowledge you need posts but I think you have our opinon on your original question. You could always visit a solicitor for a free initial consultation and see if they feel the same if you wish to take it further. Should you be charged then this behaviour would form part of the story although, from what you have said, this will hopefully not be likely. Good luck.

Her 13 year old son also gave a statement saying he saw the incident - although his and her statements contradict each other on where it allegedly took place. I guess that makes it more likely to pass the CPS threshold?