15 year old girl and a 30 year old man

[mrs_overall]

Scenario: a 15 year old girl is having a sexual relationship with a 30 year old man. It only comes to light when the girl plays truant and her parents report her missing. The Police find her on her way home and when quizzed, she spills the beans. The Police cannot prosecute the man because the girl refuses to make a statement.
However, the Police are refusing to go see or even phone the man to speak to him about the relationship. It is almost as if they are condoning the matter. Do you think at the very least he should receive a warning?

[Sqad]

joe.

I would believe what i wanted to believe at the time and I certainly wouldn't ask for her birth certificate.

[lady-janine]

mrs o. have just read this thread and big hugs as i do synpathise with you and understand as i had a similar problem with my eldest daughter. please don't let your duaghter take all the blame this could only increase her lack of self worth.

the man definitely needs a bit of a talking to by someone in authority. unless he is esn i cannot believe any man of 30 would believe a girl who told him she was 18 unless. she is either very good at lies or he is a bit of a perv.

do you think getting in touch with the police again would do any good?

more big hugs.x

[AlBags]

Where did all this go on .. if she is disabled and vulnerable? Were you not around for these few weeks to notice anything unusual?

[Cowtipper]

She played hooky to get some nookie? Darn kids. Grounded for forever and a day seems about right. I think the man in question will get his warning as soon as he finds out how old she really is.

[starone]

IMO a man of 30 should have been experienced enough to know she was very young, especially if she was still a virgin. Although she told him she was 18 I think he should take at least part of the blame. He is not exactly innocent. Having said this, my sympathy is with you Mrs.O. It is not easy bringing up children of either sex and for this to happen to you is so upsetting. The only consolation (and not much of one) I can give you is that all of us go through this sort of thing in one way or another, if we have children. I wondered why I was so eager to have them many times.

[Catapa]

This was well discussed on Kenneth Clark example yesterday of a 18 year old and a 15 year old having sex. The 15 year old can not legally consent to a sexual relationship. A relationship without consent from both parties is classified as rape.

The police may draw from this that the 15 year old pubertal wanted this, even if she is not old enough to legally consent. That is probably why they prefer chasing other rapists. That is the practise, whaterever the media and opposition trying to make us believe yesterday.

[hc4361]

It is not rape - it is unlawful sexual intercourse. Kenneth Clarke was wrong - he was referring to the statutory rape of the USA.
Interesting reading here:
http://www.cps.gov.uk...l_sexual_intercourse/

Especially:
"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 the section on Abuse of Trust in Sexual Offences Act 2003, elsewhere in Legal Guidance)."

So, this man reasonably believed her to be over 16 and was not in a position of trust. The girl was willing and lied about her age.

Not rape.

[tamborine]

As a minor's parent/guardian you have every right to complain to police and prosecute this man. He won't bother your d'ter again & will cohabit with adults only in future.

As HC link ".....Mistake as to age

Mistake as to the girl's age is not a defence other than the very limited defence provided by section 6(3) ("the young man's defence") in relation to girls under 16, (Archbold 2004 20-87).

R v K [2001] 3 WLR 471, HL, which examined the offence of indecent assault, did not extend the defence of mistake as to age to the offence of unlawful sexual intercourse (Archbold 2004, 20-70)......"

[hc4361]

I have posted the CPS guidelines, tambo.
Don't forget this girl has not made a complaint against him, refuses to make a statement and this is an all probability no physical evidence.

It is not in the public interest to bring this man before the court on the facts that we have.

There are plenty of examples where a man has walked free from court because the girl had lied about her age. mrs_overall says her daughter looks older than 15, she was not in school when she should have been and there is nothing to suggest this man wittingly did anything wrong.

[tamborine]

HC The CPS know how to get statements. This is a minor and such a prosecution will protect other minors. The parent has the right to prosecute on her behalf.

[hc4361]

The CPS don't get statements or evidence. That's the job of the police and the police are refusing to do anything.
96% of rape claims do not lead to a conviction. That is where the victim is willing to testify.
If this girl (sorry mrs_overall for the repeated use of 'this girl' - I'm trying to make it impersonal) got to the witness stand and told the truth the case would be dismissed.

If we knew the 15 year old looked young for her age, told the man she was 15 then it would be different, probably.

[smoochiegal]

The girl is a minor the parents can press charges. Sleeping with a minor is rape because they're under the age of consent, whether the 15yr old wants to or not. The police are cracking down on stuff like this now. I'd find out where the bloke lives and tell him myself to stay away from her... what does a man of 30 have in common with a 15yr old. What if he is older than 30! He could have lied about his age. What the bloke is doing is against the law and how long has it been going on is the question she might have been 14 with him.

[smoochiegal]

did she really tell him she was 18 or is that something they have concocted between them! If she wants to lie to you and act like a child then maybe you should rein her back in a bit and make her earn your trust back.

[hc4361]

The parents can't press charges unless they want to take out a private prosecution.

A public prosecution is the decision on the police and ultimately the CPS.

[ixion]

Let this lie now and give Mrs O a break!