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If a 18yr old man had sex with a 15yr old gal
but the gal had lied saying she was 16
what would happen?
and any advice on what to say to the lad?
but the gal had lied saying she was 16
what would happen?
and any advice on what to say to the lad?
Answers
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Nothing much
See here on CPS guidance page:
http://www.cps.gov.uk/legal/section7/chapter_f .html
Code for Crown Prosecutors - Considerations
The public interest requires the prosecution of an offence of unlawful sexual intercourse with a girl under 13 unless exceptional circumstances exist.
You may exercise considerable discretion in relation to offences under Section 6 of the Act.
The age of the defendant will be highly relevant. Even if the defendant is over 24, a prosecution may not be in the public interest if he had reasonable cause for believing that the girl was over 16.
The following factors will also be relevant:
the relevant ages of the parties;
the emotional maturity of the girl and whether she entered into a sexual relationship willingly;
the relationship between the parties and whether there was an existence of a duty of care or breach of trust <refer to Sexual Offences - Abuse of Trust, elsewhere in this guidance>.
In summary, a man who is considerably older that the girl is likely to be prosecuted, especially if he owed her a duty of care; whereas it may not be necessary to prosecute a young man with whom the girl has been having a consensual relationship.
So where the ages are relatively close as here it's unlikely to result in a prosecution had he been late 20s or older it might be different.
Do I take it that the girl is your daughter?
I don't think we know enough about the circumstances or personalities to give you advice. Some 15 year old girls are quite mature enough to make decisions like this for themselves whatever their parents might think and others are not.
I'd bear in mind that if you go in heavy handed you may well stregthen the r
See here on CPS guidance page:
http://www.cps.gov.uk/legal/section7/chapter_f .html
Code for Crown Prosecutors - Considerations
The public interest requires the prosecution of an offence of unlawful sexual intercourse with a girl under 13 unless exceptional circumstances exist.
You may exercise considerable discretion in relation to offences under Section 6 of the Act.
The age of the defendant will be highly relevant. Even if the defendant is over 24, a prosecution may not be in the public interest if he had reasonable cause for believing that the girl was over 16.
The following factors will also be relevant:
the relevant ages of the parties;
the emotional maturity of the girl and whether she entered into a sexual relationship willingly;
the relationship between the parties and whether there was an existence of a duty of care or breach of trust <refer to Sexual Offences - Abuse of Trust, elsewhere in this guidance>.
In summary, a man who is considerably older that the girl is likely to be prosecuted, especially if he owed her a duty of care; whereas it may not be necessary to prosecute a young man with whom the girl has been having a consensual relationship.
So where the ages are relatively close as here it's unlikely to result in a prosecution had he been late 20s or older it might be different.
Do I take it that the girl is your daughter?
I don't think we know enough about the circumstances or personalities to give you advice. Some 15 year old girls are quite mature enough to make decisions like this for themselves whatever their parents might think and others are not.
I'd bear in mind that if you go in heavy handed you may well stregthen the r
maybe so, but she is legally a child. my daughter is (a very innocent) 14, but if she hooked up with an 18 yr old man and had sex with him, I would think he has "influenced" her in some way.
I appreciate that is possibly not the case here, but we don't know and that's the point in protecting children.
I appreciate that is possibly not the case here, but we don't know and that's the point in protecting children.
Not that easy.
Kid's don't suddenly become responsible as midnight chimes on their sixteenth birthday or a boy a man on his eighteenth.
I too have a 14 year old daughter as it happens and she too is not very advanced in that way compared to her peers.
But the law is there to protect people not to enforce the will of outraged parents.
16 is an arbitary age and it differs in different countries so a degree of intelligence and license is required in deciding how it is prosecuted - hence the above guidelines.
Prosecuting an 18 year old for rape, sending him to prison and putting him on a sex offenders register because a 15 year old girl lied to him are angry is not just.
It does not serve the interests of either party engaged in the act but only serves the anger of parents who are having difficulty coming to terms with their daughters sexuality
Kid's don't suddenly become responsible as midnight chimes on their sixteenth birthday or a boy a man on his eighteenth.
I too have a 14 year old daughter as it happens and she too is not very advanced in that way compared to her peers.
But the law is there to protect people not to enforce the will of outraged parents.
16 is an arbitary age and it differs in different countries so a degree of intelligence and license is required in deciding how it is prosecuted - hence the above guidelines.
Prosecuting an 18 year old for rape, sending him to prison and putting him on a sex offenders register because a 15 year old girl lied to him are angry is not just.
It does not serve the interests of either party engaged in the act but only serves the anger of parents who are having difficulty coming to terms with their daughters sexuality
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