Under Age Sex

[scoobydooby]

Does anyone know how likely it would be for a 16 year old boy to be prosecuted for having sex with his 15 year old girlfriend? Their relationship lasted for well over a year and they were having sex when they were both 15.

[corbsy]

still does not defeat the point of the argument...the law is the law, under age sex is illegal and people who do it face prosecution! Its not hard to understand

[scoobydooby]

Thanks all. Pinktwink, I understand what you're saying. It is illegal and I also understand that there are probably cases where a prosecution has taken place. However, I believe that this is likely to be only in the kind of circumstances Ethel highlighted earlier in the thread. I work for the Police although have little knowledge about the full prosecution process. I simply wanted to know, if anyone could tell me, whether the CPS would be likely to prosecute in circumstances such as those I've given. Also, despite what appeared to be a couple of little digs earlier in the thread, neither the girl or boy are my children - although they're both lovely kids (who once thought they loved each other more than life itself - didn't most of us feel like that once?). It's a sad situation that could get so much worse if not handled correctly.

Apologies if I appeared to be selective but some of the answers were not really responses to my question - I was trying to avoid a debate about parenting skills. Thank you for taking the time to reply though - it is appreciated.

[scoobydooby]

Yes Corbsy. I know under age sex is illegal and people who do it face prosecution but my question was 'how likely would it be for the boy to be prosecuted'. It really was just meant to be a simple question that I thought someone with some Law knowledge may be able to answer.

[pinktwink]

it is too hard to say how likely not knowing the view of the girl and her parents . The reality is it is possible albeit slightly and albeit they were in love . There ha s been more of a crackdown on underage sex lately in some areas. That is the stark reality and it will be reported to social services. They will be unlikely to get too involved due to current caseloads and urgencies unless either parents contact them

[Ethel]

A good, relevant article here:

http://news.bbc.co.uk/1/hi/special_report/1999 /02/99/e-cyclopedia/437789.stm

[corbsy]

I dont really have to add anything more, Pinktwink is 100% correct and i agree. If one of the parents want to press forward, they can, the CPS cannot deny the achem 'victim' of their rights. Justice is what the law serves, if the girl has a good enough case then it can happen. Dont always assume that where public policy plays a role, means that there is a loophole in the law.

[Ethel]

The parents could bring a private prosecution - they can't force the CPS to prosecute , it just doesn't work like that.

Don't forget the boy would have been 15 so she could be prosecuted too.

Read that link and you will see that is rarely enforced in this sort of scenario.

It wouldn't necessarily get reported to Social Services, those who work in Social Services only know about it if there is a referral, and often there isn't.

I can find no evidence whatsoever that the authorities are cracking down on this - the reality is there are discussions to make sex legal from 14, providing the age gap is narrow.

[Barmaid]

I have to agree with Ethel. Although the "victims" views will be taken into account, this is just one of the factors in applying the full code test under the Code for Crown Prosecutors - the more compelling tests being "in the public interest" and "availability of evidence". This is looked at with the view of whether there is a reasonable prospect of conviction. It is undoubted that the girl will be subject to intense cross examination about her sex life with the boy.

The CPS have the ultimate decision on whether to press ahead or not. Even if the victim wishes to press ahead with a prosecution, the CPS may decide to take nfa or withdraw charges because of either lack of evidence or it not being in the public interest.

[pinktwink]

ethel i work in social services and believe me there is a crack down in some areas. Obviously it does not get media attention nor would those cases convicte hence it is unlikely to be available on the web. The reality is in the practice

[legendis.god]

The word "paedophile" does not appear in any Act of Parliament so Terry Grange can define it how he wishes.

However, the Sexual Offences Act 2003 creates clear restrictions on sex with children. Although the general age of consent in England and Wales is 16, in some cases it may be as high as 18. Anyone who rapes, sexually penetrates, or sexually touches a child under the age of 13 is guilty of an offence. Although consent is normally a defence in sex offences, a child under 13 is presumed to be too young to give informed consent.

The maximum penalty for rape or sexual penetration of a child under 13 is life imprisonment. For sexual assault, the maximum is 14 years.

These offences can be committed by anyone aged 10 or older, the age of criminal responsibility. The Act also creates a range of offences involving sexual activity with children under 16 including sexually assaulting a child; inciting a child to engage in sexual activity; and obtaining sexual gratification by making a child watch a sexual act.

If the victim is under 13, again there can be no defence. When the victim is 13 or over, but under 16, no offence is committed if the victim consents and the defendant believes, on reasonable grounds, that the child is at least 16. Simply taking the victim's word for his or her age may not be enough. Offenders under 18 commit a lesser offence with lower penalties.

[ChuckFickens]

http://www.telegraph.co.uk/news/uknews/1534646 /What-the-law-says-on-under-age-sex.html

[corbsy]

"If the victim is under 13, again there can be no defence. When the victim is 13 or over, but under 16, no offence is committed if the victim consents and the defendant believes, on reasonable grounds, that the child is at least 16."

the boy knew how old she was, therefore, an offence.

[legendis.god]

so theres no definitive answer but it looks like a conviction is highly unlikely if the over 13 but under 16 year old consents.
And if the guy believes she is 16 then he definitely wont be found guilty as hes not guilty of an offence as i read that.

is that correct?

[pinktwink]

yes leg thats correct the situation is a grey area in some cases ther is no conviction but in others there is. The UK law is very grey on underage sex as opposed to in ireland where the age of consent is 17 years and convictions do occur.

[Barmaid]

Technically, yes there is an offence since (I am assuming) the boy knew her real age. But as to how likely it is that the CPS will prosecute, I would say very unlikely.

This law (and I appreciate cans and worms are about to follow), is to protect young and vulnerable people from older people taking advantage. In reality, I see it unlikely the CPS prosecuting two people who were in a committed relationship and who technically committed an offence. Otherwise, every single father of every single child conceived when a girl was under 16 would be hauled before the beak.

Accepted, if the girl was forced, coerced or otherwise persuaded, I can see them taking a stronger line.

Just because an offence has been committed, it does not follow that the CPS will automatically prosecute. Take for instance assisted suicides - I know not of one prosecution which has followed (and assisting suicide is an offence) in all the Dignitas cases.

[legendis.god]

but in the uk pinky a 15 year old wont be charged or convicted if the girl consented

ethels correct and corbsy is clutching at starws

do you really think the police are gonna waste time and resources on 2 15 year olds doing what a great number are doing


the uk has the highest number of teen pregnancies in europe.

Are the fatehrs all convicted?
no


corbsy let it go

[legendis.god]

http://www.telegraph.co.uk/health/4032324/21-u nder-age-girls-fall-pregnant-each-day.html



Are these girls vulnerable?
i doubt it .
they are surely aware of the consequences of underage sex

but that doesnt stop them does it?

[legendis.god]

http://www.telegraph.co.uk/news/uknews/1574814 /Britain-has-worst-underage-sex-rates.html


and more girls aged 15 are having sex than boys


now im no mathematician

but that would seem to indicate they may be sleeping with miore than 1 boy?


do the calculations and see what you think

[pinktwink]

both ethel and corsby are correct whilst it may be consentual often after the fact one teen may say they didnt fully consent. There are also cases of convictions in some areas.

Sorry to be bias but the UKs position on children is very weak and does not serve to protect them . In ireland those children who enter state care do so until they are 18 years unlike 16 in the UK. The age of consent is 17 for a girl and is upheld in law. All casees of suspected child abuse must be notified both to gardai and social services on a statutory basis.

[corbsy]

legendis, the boy knew her age, did not reasonably think she was 16, they were in a relationship, they knew each others age, you said your self, you just copied and pasted, and know nothing of the law. I know im not wrong, there is an offence been committed, and the boy can be prosecuted. all i said, and guess what, its correct, believe what you like, the law is the law, and i know the law.