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Would it be classed as r*pe under the eyes of the law?

(14 Posts)
VioLetsMum1 Tue 18-Mar-14 01:02:34

Basically to cut long story short my DD's father will be facing crown court soon, on one count of rape, two counts of sexual grooming and 3 counts of stalking/harassment on 3 girls. There are more charges to be made by more girls but apparently police say they want to keep some up their sleeve for later. I'm pressing for one count of stalking/harassing and one count of underage grooming. In my case it was consensual but not 16 at the time so when talking about it with my family they think he'll also get charged with statutory rape of a minor. But when i've spoken to some of his family members they say he's putting a defence together that he did nothing wrong as I never said no, and this will get him off as he can't be done for rape if it was consensual apparently. So which is it?

goodasitgets Tue 18-Mar-14 01:55:48

I think (I might be wrong) but it's still an offence? And you can't consent as underage

AdoraBell Tue 18-Mar-14 02:05:06

As I understand, and I don't have any expertise, a minor is a minor regardless of whether they feel able To say no To the adult.

His family are mininizing his actions because they don't want To be related To a monster. Don't listen To them.

I'm sorry this has happenned, try To be kind To yourself.

NurseyWursey Tue 18-Mar-14 02:13:48

It will still be an offence because you weren't able to given consent as you were underage, but they will take into consideration his age, and the fact you went on to have a child with him

HollyWhiteAlwaysWearsAHat Tue 18-Mar-14 02:50:25

How old were you? almost 16? Just 15? 14? 11? Did he know exactly how old you were? Were you in a long term relationship with him or was he just after you for casual sex? And how old was he when this happened?

SantasLittleMonkeyButler Tue 18-Mar-14 03:24:35

Was he considerably older than you OP? Yes, it was rape as a 15 year old cannot give consent. But if he was, say, 16 or 17 at the time I doubt it would be viewed in quite the same way as if he was 26 or 36 etc.

Although, from the charges you have listed, this does clearly sound like much more than a 16 year old lad having sex with his 15 year old girlfriend.

Poor you OP. How old is your DD? Is she old enough to know about the trial & allegations? sad

VioLetsMum1 Tue 18-Mar-14 08:46:47

I was a couple of months into being 15, and got pregnant a few weeks after my 16th so moved in thinking it would happy ever after, lets just say it wasn't. He does have other children with some of these other girls one being 13 when he was 22 but there's also a police negligence thing going on there. DD has just turned three, she doesn't understand and we're having alot of problems with her behavior because she doesn't understand why she can't see him anymore

Nicknacky Tue 18-Mar-14 09:40:20

There is no such thing as statutory rape in Britain and it is rape if the female has not attained the age of 13 as she cannot consent due to her non age.

Sex with a consenting female age 13+ is still an offence but not rape. Hope that helps.

HollyWhiteAlwaysWearsAHat Tue 18-Mar-14 09:44:17

So what would the charge be Nick?

Nicknacky Tue 18-Mar-14 09:48:39

I'm rubbish at posting links but it would be Section 9 Sexual Offences Act 2003. Disclaimer, I had to google that as I'm in Scotland and our offences are under a similar legislation.

HollyWhiteAlwaysWearsAHat Tue 18-Mar-14 09:50:03

thanks

prh47bridge Tue 18-Mar-14 10:03:21

Nicknacky is correct.

If the victim is under 13 it is automatically rape regardless of consent.

If the victim is consenting but under 16 the offence is sexual activity with a child. It is only rape if the victim does not consent. It is a defence if the adult reasonably believes the child was over 16.

VioLetsMum1 Tue 18-Mar-14 10:09:44

He knew how old i was police, issued a section 2 order to stay away from me but he's just come to pick me up from school instead of waiting on my street

Sneezecakesmum Tue 18-Mar-14 10:24:40

There is the legal argument of similar crimes being linked together and making for a stronger case. If this man has groomed other young girls and did the same with you there is a possibility the crown will put your case as grooming. I think it's very doubtful though unless there is evidence of this, such as you being a vulnerable individual, or if he introduced you to drugs and coerced you into sex. Also the age gap between you was not excessive at the time so I think its a bit of a non starter. They appear to be going with it on the grounds of similar crimes.

If it hadn't been for this mans subsequent behaviour no one including the police would be interested in the circumstances of your relationship.

Has the CPI spoken to you about what your involvement is in his case?

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