Another searching question

[cardboard]

Following Ahmeds question below, heres another. Suppose a man was to go to a nightclub, meet someone, take her home and have sex with her. If it later turns out that the girl was underage, ie 15, and the man was reported to the police, who is responsible for the crime? After all, the girl has gone out of her way to make herself look at least 18, and possibly acquired fake id too. Just asking...

[Happy Sunday]

I personally would feel really sorry for the guy if they genuinely believed that the girl was of legal age.  I can't believe that the police would do anything if she A) had fake id saying she was 18 or something, got all tarted up to go out, and lied about her age???  Of course, thats all hard to prove, but really, it's the parents who shouldn't be letting 15 yr olds in night clubs.

 

[tartanwiz]

The guy would get done for statutory rape, even if he didn't know she was underage and even if the girl tarted herself and pretended to be over 16. It is an unjust law, meant to 'protect' so-called innocent young girls.

[ICEMANSAV]

He would be prosecuted but I think it would be unfair too hand a large scale punishment for this offence. Girls are maturing faster now than ever before and it is quite true that they look older but I think if it was consensual and she was proven to be in a nightclub and no evidence of date rape drugs or very drunk then it should be a 50-50 blame situation and not all the lads fault. i am not condoning it but think some sentences are unfair.

[georgit79]

tartanwiz is right- the guy would get done. This is completely unjust and a total joke, but it does happen. Guys- ask to see her passport first!

[unnamed]

A freind works with sex offenders and she told me about one guy who had been placed on the sex offenders register for sleeping with a girl he believed was 16. Infact she was 15 and her mum had him arrested.

[cardboard]

Hang on happy sunday. you saying you can tell the difference between 15 and 16 year olds every time? and georgit, its sad butt true its getting to the point where we have to id girls before doing anything with them...

[cardboard]

Thanks for your answers all. It does seem slightly unfair i must admit

[Bangkok]

It's an example of an absolute offence - there is no need to prove guilty intention (mens rea), but just that the crime was committed (actus reas).  An extension of the 'ignorance is no defence' principle that also applies to tax law.  Shades of Trainspotting.

[undercovers]

the law is not perfect but it is not there to catch unfortunate guys out on the pull its there to protect children, obviously this is important and i think it would make the application of this law very difficult if you tried to factor in "grey areas" of wether a crime was being committed e.g. its alright if she looked 18 and had fake id, as this would obviously become the stock line peodophile would you - you would then enter into gruelling court cases where the poor victim has to try and prove not only that she was abused but also that she didn't have fake id etc. I don't think any of you would wish to see this being brought in - as i have said in a previous thread please try and think out victims of sex attacks when making your aguments.

 

Secondly the age of consent can again never be perfect, yes some 15 year olds are very mature and developed some are imature children - there can be no perfect age to choose however choose we must to protect the vulnerable

[el duerino]

actually no you are all wrong

 

if the man was under 23, this was his first sexual offence and he could genuinely prove he thought she was over the age of consent then there is a defence which would result in a not guilty verdict.

over 23 you would get charged with stat rape as above.

[el duerino]

to answer your post undercovers - in this exact scenario the girl clearly knew what she was doing and would have little sympathy from me.

And yes I would rather have a gruelling court case than an innocent person be found guilty. Justice must be served however difficult it is for those involved.

[Hgrove]

The defence that el duerino mentions only works the first time and once only.  I am not pronouncing on whether the law is just or unjust but there is an underlying policy here, being that no-one can hide behind the excuse that she looked 16. 

[LauraJeanne]

i would tell the police that it was not your fault...They can't do anything to you it was the girls fault...shes the one that tells everyone that she is 18 and she is the one going to the night clubs and she is the one with the fake id...it not your fault and i think if that ever were to go to court i would not be your fault it would be hers they have to much proof that its her fault for you to lose...

[lisa76]

my uncle spent time in prison for this.  he was at a bar--21 and over---hooked up with a girl, drinking, smoking and getting served at the bar, took her home, had sex, a few days later he was arressted for statutory rape. he served 9 months in jail, the girl, aged 17, got nothing.

[el duerino]

yep I foresee within a few years girls who act thus getting charged with fraud - cos that is what it is.

[alouishuss]

What? You want the underage person to be charged? What with? Unless they themselves bring charges, why would you do this?

[bruce-lucie]

still illegal, but very very unlikely police would do anything, hopefully they have better things to do - like fining us for speeding! grrrrr