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CLARIFICATION

UNDERAGE STATUATORY RAPE CLARIFICATION

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#1 OFFLINE   LiveOnceCursed

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Posted 27 February 2013 - 12:33 AM

To an officer or anyone who can help, if this forum is still active enough;



I would like a few questions answered by law of England, please. It’s a clarification, I need to make sure someone who is causing a lot of harm, is done to the full extent of the law. What would happen to someone who has committed these actions; (Sorry about crudeness).



Fellatio from a 14 year old, to a 17 year old? Without relationship.  

Sex between a 15 year old and a 17 year old? Without relationship.

Sex between a 15 year old and an 18 year old, in a committed relationship with no domestic abuse? (That then became a 16+19 year old couple and still are after five months.)

 

Use and sale of Marijuana?

 

Holding an image of two under 16 girls, in just underwear, on a mobile device?


I look forward to a quick and useful reply, thank you.



#2 OFFLINE   MerseyLLB

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Posted 27 February 2013 - 02:47 AM


Fellatio from a 14 year old, to a 17 year old? Without relationship.  ILLEGAL  (*1)

 

Sex between a 15 year old and a 17 year old? Without relationship. ILLEGAL (*1)

 

Sex between a 15 year old and an 18 year old, in a committed relationship with no domestic abuse? ILLEGAL  (*2)

 

Use and sale of Marijuana? ILLEGAL  (*3)

 

Holding an image of two under 16 girls, in just underwear, on a mobile device? ILLEGAL/LEGAL?  (*4)

 

(1*) Offence of sexual activity with a child, contrary to S9 Sexual Offences Act 2003 , however because offender is under 18 the offence is dealt with by S13 Sexual Offences Act 2003, and therefore if found guilty would be liable to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; OR on conviction on indictment, to imprisonment for a term not exceeding 5 years.

 

(2*) Offence of sexual activity with a child contrary to S9 Sexual Offences Act 2003, because the offender is over 18 the substantive offence is used and because the activity involved penetration if found guilty would be liable to imprisonment for a term not exceeding 14 years. The relationship is irrelevant and would only go to show that they knew of the girl's age.

 

(3*) Offence of Possession of cannabis (a Class B controlled drug) with intent to supply is contrary to S5(3) Misuse of Drugs Act 1971. If found guilty summarily he may  be liable up to a £5000 fine, six months imprisonment or both. If found guilty on indictment he would be liable to an unlimited fine, up to 14 years imprisonment or both. There are other offences though it is most likely that possession with intent to supply will be appropriate if a large quantity of drugs are found in his possession alongside evidence of dealing.

 

(4*) It is unclear what offence has been committed if any. Dependent upon the photographs themselves, how he came to be in their possession and what he intended to do with them he may commit an offence contrary to the Protection of Children Act 1978.

All advice given is in good faith, but with all legal queries you are advised to seek professional legal advice. I will not take liability for any actions you take having read the advice as it is intended for educational and discussion purposes only.


Edited by MerseyLLB, 27 February 2013 - 02:47 AM.


#3 OFFLINE   *Matt*

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Posted 27 February 2013 - 11:22 AM

Mersey LLB is giving you sound information from the law books.  However...

 

I am concerned that you say you want clarification to get someone 'done to the full extent of the law', and you ask 'what would happen to'

 

The answer is that this is not predictable, and certainly outside of your control (and the police's to a large extent).  I assume you have information that the above has taken place, and probably that you are related to one of the juveniles indicated within one of the acts - if that is the case, don't concern yourself with questions on forums too much, just go immediately with any and all evidence you have to offer and see your local police without delay.  Try and give as objective and factual account as you can, and ensure that you are clear on what you have evidence of, what you can provide in terms of other sources of information (i.e. other people the police can speak to in order to ascertain the facts), and what you have that is hearsay or conjecture (in my experience these cases usually come with some of this).  Then hand it all over, and let the police do their work.

 

These are emotive issues if you are related to or friends with someone involved, but what will happen and how they are viewed will differ greatly depending on a number of factors.  Sex with a minor is no light matter, but right or wrong there can be different views taken by a court depending on finer detail - a completely innocent and naive 14 year old preyed upon by a predatory 18 or 19 year old is not necessarily the same as a sexually active and precocious, streetwise 14 or 15 year old engaged in a sexual relationship with a 17 year old.  Sex at 14 and 15 is sadly not at all uncommon these days, and each situation has to be dealt with carefully and expertly in the interests of everyone, especially the youngest party.

 

Do not misinterpret this as suggestion that these jobs are not serious, they often are, and are morally and legally wrong in most cases - just don't be naive enough to think that every 15/17 year old sexually active couple is the same and that a 17 year old male sleeping with a younger female will get punished to the maximum extent - it is very much more complicated than that.  Do your best to help the police establish the full facts to present to the court.  Also recognise that there are often wider issues of personality, confidence, socialisation and self image that are the most important things for family or friends to help with to prevent these issues arising and give the best support that police and courts can't give.



#4 OFFLINE   Window MoP

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Posted 27 February 2013 - 08:16 PM

I'd also urge you that if you are not involved but know of it, let the Police and also Children's Services know as soon as you can. These are serious matters which Social Services also treat just as seriously as the Police. Please do consider seriously coming forward and discussing it with the Police and /or social services. Dont forget you cna discuss things anonymously with both agencies, though if you are involved as a younger person i would encourage you to come forward. we may seem scary agencies but we are all human and dont bite. At the end of the day, we are here to protect people and help whenever we can.

 

As above, i am giving advice only.






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