Sexual Abuse - Perpetrator And Abused Under 16 Years Of Age.

[ruthandsam]

Senario: 7 year old boy gets abused by 12 year old boy. This goes on until the abused boy is 15 years of age and the abuser is 20. They are both now in the 20's. Abused boy has reported the abuse to the Police just recently, provides video evidence, has had to have physical tests, etc, has also received many years of counselling due to the abuse.

What are the chances of the abuser being prosecuted and what could the sentence be, if any? As I said before, it all started when they were both under 16.

[bednobs]

when you say video evidence, do you mean of the abuse taking place or evidence of another nature? on the face of it it seems likely that the police would pursue it

[friedgreentomato]

My experience is where the abuser is still under 16 and there has been no action taken against them as they were also a victim - social services took over that case.

I would say as the abuser is now over 16 that the police would investigate and possibly persue it.

[ummmm]

The police WILL follow it up. CPS will decide if there is enough evidence to prosecute. Sex crimes seem to have a surprisingly low tariff.

[ruthandsam]

Hi Bednobs. Sorry, I meant my son has had to give very in depth, graphic evidence of what had happened to him. This was recorded on video by the Police and will be used in court.

All I can say is, is that the whole process is so very stressful for him (and the family). I can understand to some extent why someone may not report the crime..........

[Mosaic]

very very stressful for all, especially the victim. What does he want as an outcome? Possibly best to talk openly focusing on the desired outcome and keep everything geared towards that. Counselling and support will be needed for years to come.

[sara3]

I wish him well, ruthandsam.

[pusskin]

Some one close to me went to court in the last year, maybe two.
he was abused a few times by the same man and family have not long found out.
Went to court and the abuser is now in prison.
(no further details on ab --sorry) It pays to speak up, never too late!

[pusskin]

p.s He has tried to take his own life twice. Very sad, but he is now doing well.

[hc4361]

This is a similar case. The boy was found guilty.
http://www.independent.co.uk/news/boy-12-guilty-of-raping-5yearold-1156755.html

This boy did go to trial and was found not guilty
http://local.stv.tv/edinburgh/195288-13-year-old-boy-found-not-guilty-of-raping-fellow-pupil-in-school-toilet/

This 11 year old is waiting trial for rape:
http://www.itv.com/news/wales/update/2013-01-15/11-year-old-gwynedd-boy-charged-with-raping-young-girl/

There is every chance the boy in your scenario will be prosecuted - he was over the age of criminal liability when he committed the offences. The 7 year old was not old enough to consent.

[FredPuli43]

Yes, the CPS will prosecute. It's no answer to say the suspect was only twelve. Whilst it's true that, at 12, he has criminal responsibility, some understanding of his age and immaturity is needed, but the gravamen of this is the persistence over years until the suspect was a grown man.

And it means jail. How long for, depends on the details and what the abuse was.

[ruthandsam]

Thank you all very much for your responses, they all really helpful.....x

[tonywiltshire]

Up to the age of 10 you have complete immunity from criminal responsibility. The CPS will only prosecute if they believe there is sufficient evidence to obtain a conviction, the punishment will be dependent on the circumstances, and a custodial sentence is possible even likely.

[ruthandsam]

Update on above post.

I feel so sorry for my son. The CPS have now decided that there is not enough evidence to obtain a conviction. I just don't know what to say to him to help him deal with the disappointment. I'm also concerned that he will start self-harming again.

It is just not fair and makes me wonder how all the high profile cases reported in the new, manage to go to court!!

What to do next?? Thanks

[boxtops]

That's very hard, ruth - I don't know the law, but a private prosecution, is that feasible?

[Orderlimit]

Hi Ruthandsam

Has the decision making process been fully explained to you? (this can offer some help). There was a new system of rights to review CPS decisions released last month so I will have a look and get back.

Also can I ask whether the accused was arrested?.