can a man of 18 go to jail for having sex with a girl of 15 if she lies about the age

[bored-teen-1]

My friend is 18, at a party he met a girl who said she was 16.
Two days later she told him she was 15. Now her parents are getting the police involved.
They were both drunk and he had been smoking cannabis when they had sex.
Could he go to jail for this?

[shoota]

Technically yes although it's unlikely if this is a first offence and she supports his version of events.

[daffy654]

Unlikely.

[FredPuli43]

Under the old law , there was a curiously worded defence viz that a young man of this age who had not been previously charged with a like offence and who had sexual intercourse with a girl of this age was entitled to be acquitted if he did not know that she was under age. (Curious because it was not obvious why his never having been charged made any difference; it did not say never having been convicted)
Judging from the Crown Prosecution Service notes to the new Act, the Sexual Offences Act 2003, he is entitled to be acquitted if he reasonably believed that she was only 15 .In any event, the CPS are not at all likely to recommend prosecution . it is not as though he was in some situation where he was in breach of some special trust (like, say, a teacher), where different considerations apply.
Their both being drunk or under the influence of cannabis is, unusually, not particularly relevant. Nobody is suggesting that she was raped. It is a case of underage sex; she is 'below the age of consent' and the offence is in that,however 'consenting' an underage girl is, or why.

[Glendor]

This a difficult one.
I remenber a pub owner not thinking a client was 18 and I understand the police did a raid that night.
It was going back to the days when there were no photographs on driving licences.
The pub owner asked the customer to prove he was over 18 and he produced a driving licence which on the face of it showed he was over 18.
The pub owner asked the customer to sign a piece of paper and it was the same as on the licence.
It turned out the unsigned licence had been stolen and the customer signed it and everything appeared in order to the pub owner.
I do not know what happened in the end but I know the police started to take proceedings against the pub owner but what more could he have done?.

Glen

[mrs_overall]

The parents can get the police involved but the girl has to make a statement of complaint. Even then, it is unlikely the police will take any action

[karajan]

I very much doubt he'd go to jail for it

[IggyB]

The male is not guilty of an offence if he reasonably believed that the girl was 16 or over, it would be for the court to decide whether what he believed was reasonable or not but if things occurred as you describe them then it very unlikely to even reach court as the CPS will probably not take it forward.

See Sexual Offences Act 2003 - Sexual activity with a child sections by following the link below:
http://www.legislatio...ng/child-sex-offences

That said if the male gave the alcohol and cannabis to the child the situation could be very much altered as it could be (quite easily) argued that he had administered a substance with the intent of overpowering her / stopping her from being able to consent or not.

see http://www.legislatio...ga/2003/42/section/61

[cathfromsaron]

unlikely, but the cannabis is a different matter!

[starone]

Doesn't sound as if she was a virgin. Was she - or was she quite used to it?

[IggyB]

well that's inappropriate - you sound like one of the sort that would ask similar questions of a rape victim, it matters not whether she had freely chosen to sleep with someone before it ONLY matters whether she freely consented to sleeping with this individual.

[mrs_overall]

I repeat, unless the girl makes a written statement of complaint, the police will do nothing

[IggyB]

why repeat that?

[mrs_overall]

Cos I felt like it.

[bored-teen-1]

Thanks for the replies. I've just found out that the girl has told the police that he was sober n she was drunk so they r now treating it as rape how can my friend fix this.

[murraymints]

if the girl wants to pursue a complaint he could go to court...but only if she pursues it..not the parents

[guythegorilla]

Gosh a sensetive question on which i would certainly say that he would be very unlucky to be jailed.

[bored-teen-1]

II know for a fact she is lying as I was with him most of the nyt he nvr gave her drugs or alcohol. He could barly stand by the end the night let alone try and take advanteage

[Zhukov]

the girl in question,does not appear to be a reliable witness..

[boxtops]

It's going to be difficult, IMO - the police don't take kindly to people changing their stories after a complaint has been made against someone. You were with him most of the night - so did he have sex with her, or not?

[murraymints]

if he has witnesses as you say then unlikely to be pursued ..the girl is probably scared of her parents reaction to her behaviour ...not uncommon...probably to late for the police to gather credible forensic evidence in any case..