Politics3 mins ago
underage sex
can a 20 year old man be sent to prison for knowingly having sex with a 15 year old girl even with her consent?
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I'm not sure what to say here as Statutiory Rape Laws are different all over the world, and different according to circumstance. As far as I can see, there are a lot of factors to consider..
Does the girl look older than 15?
Did the guy deliberately persue her knowing that she was 15?
Was she pressured into having sex with him?
Is he an immature 20 year old?
Is it a case of the mother just not liking the boyfriend?
I'm not trying to say it's anyone's fault, just trying to list possibilities as to why the police are not interested.
I found this link
http://news.bbc.co.uk/1/hi/special_report/1999 /02/99/e-cyclopedia/437789.stm
Hope that it may be of some help.
Does the girl look older than 15?
Did the guy deliberately persue her knowing that she was 15?
Was she pressured into having sex with him?
Is he an immature 20 year old?
Is it a case of the mother just not liking the boyfriend?
I'm not trying to say it's anyone's fault, just trying to list possibilities as to why the police are not interested.
I found this link
http://news.bbc.co.uk/1/hi/special_report/1999 /02/99/e-cyclopedia/437789.stm
Hope that it may be of some help.
It is definitely statutory rape is he knew her age at the time of intercourse; there is no 'young man's defence'. I can tell you that the reason the CPS (And thus, the police) are not interested is SOLELY because of a lack of evidence. I'm not trying to sound aggressive as obviously you deserve redress for this (I don't have children, so I can only imagine), but:
How could the CPS get a conviction without evidence and how could the police arrest someone without an evidential reason?
It is hard, but the key lies with the 15 year old.
How could the CPS get a conviction without evidence and how could the police arrest someone without an evidential reason?
It is hard, but the key lies with the 15 year old.
well the answer is obviously yes he could be
Howver on the facts given - girl not complaining, mother obviously is, and man saying nothing, then the case may not take place.
Statutory rape is an American thing and not really a goer in England where the offences are charged differently
I seem to remember a s of the Sexual Offences Act that concerned a girl over 15 involved with a man under 24, which was a defence to a more serious charge but automatically meant he pleased guilty to indecent assault -for which you can also be imprisoned. This defence is not much used, not surprisingly.
Howver on the facts given - girl not complaining, mother obviously is, and man saying nothing, then the case may not take place.
Statutory rape is an American thing and not really a goer in England where the offences are charged differently
I seem to remember a s of the Sexual Offences Act that concerned a girl over 15 involved with a man under 24, which was a defence to a more serious charge but automatically meant he pleased guilty to indecent assault -for which you can also be imprisoned. This defence is not much used, not surprisingly.
Rules of evidence will dicate that if your daughter does not pusue a claim, there is little you can do.
Video evidence without your daughters evidence will probably come under child porn laws (Under 18, and not 16, like sex)
If your daughter consented, this is not Statutory rape. In fact we do not have Statutory raoe as a term in England.
The age of consent is 13. Below 13 years old consent can not be given, FULL STOP. That does not mean you can have sex with a 13 year old (the law states 16) but consent can be given, hence no rape.
Also at 20 years old, although an adult, if your daughter was consenting, believe it or not mist CPS lawyers would argue this is not in the public interest to prosecute.
But, to answer your question, yes the man can be sent to prison. It is just unlikely he will even be prosecuted in the first place.
Hope this helps.
Video evidence without your daughters evidence will probably come under child porn laws (Under 18, and not 16, like sex)
If your daughter consented, this is not Statutory rape. In fact we do not have Statutory raoe as a term in England.
The age of consent is 13. Below 13 years old consent can not be given, FULL STOP. That does not mean you can have sex with a 13 year old (the law states 16) but consent can be given, hence no rape.
Also at 20 years old, although an adult, if your daughter was consenting, believe it or not mist CPS lawyers would argue this is not in the public interest to prosecute.
But, to answer your question, yes the man can be sent to prison. It is just unlikely he will even be prosecuted in the first place.
Hope this helps.
In the UK, it would be classed as USI, (unlawful sexual intercourse), but if the girl makes no complaint, then no case will follow. There have been several cases of this nature in recent years. In all of them the Daily Mail kicked up a stink, but nothing was ever done.
It is for the victim (if the girl sees herself as that) to report the matter.
It is for the victim (if the girl sees herself as that) to report the matter.
Just add to sado, the term USI ceased to be used when the new Sexual Offences act came in to force in 2003. The crime for penile penetration, is now the same for any "sexual activity" so the old USI incorporated sexual assault as well. Here is the new act. Sect 10 will cover the posters question.
http://www.opsi.gov.uk/ACTS/acts2003/30042--b. htm#9
However, as stated if your daughter does decide to make a complaint, it will still not be deemed in the public interest to prosecute. The law is wise to the fact that this can easily be used if, for example a 15 year old and a 19 year old split up. The man would be crucified.
A crime yes, and very serious to the parents concerned, but in reality there is nothing you can do.
http://www.opsi.gov.uk/ACTS/acts2003/30042--b. htm#9
However, as stated if your daughter does decide to make a complaint, it will still not be deemed in the public interest to prosecute. The law is wise to the fact that this can easily be used if, for example a 15 year old and a 19 year old split up. The man would be crucified.
A crime yes, and very serious to the parents concerned, but in reality there is nothing you can do.
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