Statutory rape - how long does it remain on your record?

[worried9876]

My brother is being charged for statutory rape after admitting he had sex with his girl friend in the past. He has a place at university to do a teaching degree and we are now unsure of the conequences of this charge in terms of his career in the future. Will this stay on his record for life? And if it does, what are the chances that he will ever be able to work with children? Do the enhanced CRB checks give actual details of the offence or will it literally just say that he was charged of statutory rape (which sounds far worse than it actually was considering the circumstances)?

Thanks!

[scotman]

I am confused, statutory rape is an American expression and I am not aware of the UK equivalent. Are you in America? This is a UK based site and you may not find many people with knowledge to answer your question.

[worried9876]

NO we are in the UK... He is a 17 year old, and she was under 16. His solicitor referred to it as statutory rape, so that's what we assumed it was called.

[MarkRae]

http://news.bbc.co.uk...cyclopedia/437789.stm

[scotman]

That is a new one on me and I am not qualified to answer. Someone will, eventually.

[RATTER15]

I think that under those circumstances they would go easy on him, depending just how "under 16 she was, this is something that happens in every town, village every street, no matter about the rights and wrongs of it.

[RATTER15]

If convicted, this will be on his CRB for life if im not mistaken.

[MarkRae]

And, if I'm not mistaken, this will be considered a crime of moral turpitude, meaning he'll never be able to travel to America legally unless by some miracle they relax their rules...

[Buenchico]

A criminal record is for life. i.e. the offence will always be kept on file. The information will always show up on any CRB check (at whatever level).

For most purposes, offences become 'spent' after a certain period of time, which is defined by the penalty imposed by the court. See here for details:
http://www.lawonthewe...tion_of_Offenders_Act
So (assuming that your brother doesn't receive a prison sentence of over 2½ years) he will eventually reach a point when he no longer has to declare his conviction on most types of employment application, or when applying for things like insurance cover.

However, certain types of employment (and voluntary activities) are excluded from the provisions of the Rehabilitation of Offenders Act. They include working with, or alongside, children or vulnerable adults. When applying for such employment (or activities) convictions are never regarded as 'spent' and must always be declared.

Any application for working with children would require that your brother would have to declare his conviction and that he should also undergo an 'enhanced' CRB check. That would show the 'bare bones' details of the conviction (as would a 'standard' CRB check) but also anything else deemed relevant by a senior police officer (or other relevant authority).

Most criminal convictions don't create an automatic bar from working with children. Even multiple counts of murder, grievous bodily harm and armed robbery would AUTOMATICALLY bar anyone. However the Secretary of State has laid down a rule that anyone who has ever been convicted of a sexual offence against a minor can NEVER be permitted to work with children.

Since any place on a teaching degree course will be conditional upon the student

[scotman]

For Mark Rae

Thanks for the link.

[Buenchico]

. . successfully registering with the GTC (which, because of the conviction, is now impossible) his course offer will automatically be withdrawn (although he might be permitted to switch to a non-teaching course).

Chris

[DaisyNonna]

You should want to matter about the rights and wrongs of this. Sexual intercourse under the age of 16 is illegal. Why? Perhaps because education until 16 is mandatory. Perhaps because most under 16 year old girls are not psychologically ready for motherhood. I have taught many girls in this predicament. Not one of the males cocerned was prosecuted. Result. Abortions, girls bringing up child alone, no hope of a job, girls having their baby removed by social services. Heartbreak. Male? Zilch.

[RATTER15]

Daisy, that is not the way I meant it!

I meant regardless of whether you think it is right or wrong it is still happening in every street.

My bad, I apologise.

[NOX]

Daisy is just on one of her manhating rants. She had the nerve to say I had ' no respect' for women on one occasion which as those who know me knows is entirely untrue. The situation with many young people Daisy is that they choose to have sex, both of them, not just the male, but the girl as well. THAT is a fact, it is not always the male's fault when contraception fails etc, just get over it.
With regard to this, I'm assuming that the girl is the one who has made the complaint, in which case, what exactly are the facts of the situation worried9876?

[DaisyNonna]

Ok Ratter. Accept that. However people should be aware that the girl is left holding the baby. 13 year old female, 19 year old out of work male? His contribution to the child? Nil. Hers, could be a lifetime or an abortion. Sorry to keep carrying on about this but In have seen so much misery that it has generated.

[NOX]

Fair enough, but what happens when it's a 16 year old girl and a 14 year old boy, which happens frequently enough, or maybe two 13 year olds? No-one is denying that young lives are ruined by a lack of judegment but better sex education, better self awareness and the need for kids of both sexes to be instilled with a sense of self worth is the way to go with this so it happens less frequently, not just blame every bloke within 100 miles.

[DaisyNonna]

Nox. What is your problem? Fed up of your attacks. Is Nox short for obnoxious?

[NOX]

Dasiy if I recall I had never spoken to you once directly yet you saw fit to say I had ' no respect for women' since then if I have addressed a polite remark or point to you, you have ignored it or been snide. Many of your posts are anti male and convey a bitter and unpleasant attitude towards men. I really don't care what your opinions are about me ( they are WAY off the mark for your information), but I directed a perfectly reasonable response to your last post, yet you seem entirely unable to answer anyone who disagrees with you pleasantly or sensibly. YOU madam are the one who attacked me initially, not very pleasant is it, but then you like to view all females as victims of male abuse and seek to mould any responses to you into that jaded stereotype.

[DaisyNonna]

Rubbish!

[NOX]

Very intelligent, but then it would be. lol