Cleared Of Rape

[Bazile]

What do you think of this ?

How far should you go to ensure that someone you intend to have sexual relations with , is above the age of consent , even if they look over the age of consent ?

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-39305042

[emmie]

an extraordinary decision, but we know little of the case so far as i can see.

[youngmafbog]

Not sure it is an extraordinary decision, there was another witness who thought the girl was 20.

It is always difficult in cases like this, they are generally few and far between so each should be considered on their merits. As this one was.

[Bazile]

Indeed the title of the thread was misleading .

We don't know the details of the case , however my question was not solely with respect to this particular case alone .
Cases have been reported , where age has been central to the case

[hc4361]

Age is central to this case, too. Had the girl been 16 or over it would never have got to court.

[emmie]

but it did as she was 12, more information would be needed to pass some further comments.

[Mamyalynne]

A little more detail here........

http://www.edinburghnews.scotsman.com/news/crime/edinburgh-rapist-thought-girl-was-16-1-4369745

[chelle7272]

It is certainly a concern considering the possiblity of a rape charge, but do we really want to have to be swapping proof of age ID before becoiming intimate with someone?

So glad it's not an issue for me these days.

[Bazile]

I am aware of that , divebuddy

[Gizmonster]

Reminds me of a time when I was out with a few friends and we ended up in a night club - before this all night drinking malarkey, last orders was 2 am .....
Anyway, cut a long story short, one of my friends "copped off" with an attractive young lady and they were happily snogging away in the corner. When she went to the toilet, one of her older friends came over and asked him if he knew how old she was. We were all in our mid to late 20's at the time and he replied that he thought she was 20 ish.
When she told him she was 13 you can imagine his horror ..... needless to say he didn't pursue their "romantic relationship" any further.
If they're in a nightclub that's meant to be for over 18's, is that an acceptable defence??
They're dressed up; look older than they do; most people have had a few beers ..... I mean what are you meant to - start asking for ID every time you cop off??

[hc4361]

Why was Bill Wyman never charged with statutory rape for having sex with the 14 year old Mandy Smith? He was certainly aware of her age

[ladybirder]

Having read that everyone who saw her that night, including the police who were out looking for under age children, all thought she was over 16, and the taxi driver who thought she was 20, I think this is the right decision.
I bet he'll be a lot more careful in future.

[kvalidir]

I personally think that was absolutely the right decision and that age of consent laws need drastically overhauling. Any Friday or Saturday night you can see literally dozens of 12 and 13 year olds out on the town for the sole reason of getting drunk and / or having sex. As most 12 year old boys don't look that attractive they are usually after older men in their 20's. There is no suggestion that this girl was anything other than willing and there is a massive difference between rape, child grooming and a predatory female teenager who is out at 3-00am actively looking for sex. As it stands anyone over the age of 13 is deemed to be capable although sex with them is still unlawful until 16, but a charge of rape would not be pursued if she was consenting. The fact this girl was 12 tied everyone's hands and a charge of rape had to be pursued. ID wouldn't help, you can buy that for a tenner, quite adequate to get you into clubs etc, so I've no idea what you can do about it, other than get to know people before you have sex with them perhaps?

[ToraToraTora]

The Laws is an ass here. Ok she's underage but to have consenting sex equated with a forced violation is stupidity in the extreme. There should be some degree of severity of the offence. Not saying the bloke should get off but use a bit of common.

[EDDIE51]

Not the same situation, but I worked as a barman for several years, there was one girl who was a regular in the pub. I served her many times with alcohol as she looked at least 19 or 20.
One day I saw her out in the street , she told me she was celebrating her birthday. I asked how old she was and expected the answer to be 20 or 21, she told me she was 16 !

[cassa333]

Girls have been going out dressed to the nines for ever. Even though they slap on the makeup and dress like the older twenty something tarts they emulate, sometimes you can tell by the definition in their face if they are younger. But it is the fact they are there, late at night having had a drink and often slobbering over some bloke they have never met before that means no one really believes they are not as old as those around them.

I have a thirteen year old daughter and she doesn't go out at night let alone to nightclubs or drink or smoke and doesn't wear makeup.

I just hope that I have bought her up with enough self respect to not act like some ... well I can't think of a polite name right now so will leave it hanging in the air.

In all honesty I believe in this situation the judge was right.

[trt]

## but it did as she was 12, more information would be needed to pass some further comments. ##

What more information do we need.
She obviously looked over 16, probably sexually active, meets a male, goes to a flat and has sex!

Well done the Judge!

[hc4361]

The law is there because 12 year olds are not mature enough to make a considered decision to have sex, no matter how old they may look or act.

The judgement was right in this case.