Jailed for sex with wife

[OlaEd]

Hi there, I'm working on a novel and would like help with answers to the following.
A couple get together while the female is 14 and the male 16 and they consumate the relationship. They stay together and go on to marry and have kids - could she later bring charges against the man for the underage sex later in life when they split up?
If so, what would be the charge and his likely punishment?
Also, is it true that the fact she was his wife would not be mentioned in court and/or that it would not be reported by the press?

[Greedyfly]

How would she prove it?

[OlaEd]

Well, he wouldn't deny that they had sex at that age, but would feel it mitigated by the fact they stayed together and got married. The idea is that she brings about the charges after he has an affair as revenge so he is branded a sex offender.

[RATTER15]

Yes, I think he could be charged with rape and indecency with a minor, as she was not old enough to give informed consent. I also think that due to the ages of the two youngsters it is unlikely that this would ever come to much as this sort of thing is happening every day now. This is just my view/opinion, I may well be wrong.

[pauln90]

If the girl was 14 and sex was consensual then the offence would be unlawful sexual intercourse. However I believe that a prosecution can only take place within 12 months of the offence.

[OlaEd]

Would that be extended if she were to purport that she was intimated into the longer relationship, marriage and kids, against her will? She's a particularly vindictive cow!

[MarkRae]

A similar question was posted a few months ago regarding Mandy Smith and Bill Wyman. Both have stated publicly that their relationship (begun while Mandy Smith was still very much under age) was a physical one, yet no charges have been brought against him.

As regards the 12 month time limit, Jonathan King was prosecuted and jailed for consensual (but unlawful at the time) intercourse with under age boys many years after the fact...

[Buenchico]

There's a 6 month time limit on the 'laying of information' for 'summary' offences (which can only be dealt with by magistrates' courts) but there's no time limit for 'indictable' offences which can be (or sometimes must be) dealt with by a Crown court.

The Crown Prosecution Service would have to consider two important factors before bring a case:
Firstly they'd need to consider whether they could PROVE (beyond reasonable doubt) that unlawful sex had taken place. Even if the man had openly bragged about it he could then say that it was simply a young man's bravado, and that nothing had actually happened.
Secondly, they'd need to consider whether such a case was 'in the public interest'. They might well decide that there would be nothing to be gained by launching a prosecution. (If it would cost the tax payer a great deal of money, risk destroying family relationship and have no guarantee of success, they might decide against taking any action).

I've taught in a secondary school, for 15 years, where it was widely known that many (possibly most) of the 14 and 15 year old girls were having sex with (usually slightly older) teenage lads. During all of that period I never heard of a single case ending up before the courts.

Chris