law questions

[lea_uk]

Someone posted this on a Facebook group and I'm wondering if it's true.

As far as law I think it's only legal if 16 year olds have sex with 16-18 year olds. Above that is considered statutory rape.

[Wyetry]

no its legal for anyone over the age of 16 to have sex with anyone of any age. However if your under 16 and have sex with someone and you get found out and they report it to the police they are unlikely to prosecute if the age gap between you is small if your like 14 or 15

[Indrid Cold]

I think the way you describe is how it works in the USA. Hopefully Manda (or someone else) will confirm this.

[Rebelde]

A 16 year old cannot have sex with someone over 18 in a position of authority.

Statutory rape doesn't exist as such in the UK.

[Mist]

Americanism

[lea_uk]

Americanism
I thought so. Thanks everyone.

[Whowhere]

Statutory rape doesn't exist as such in the UK.

depends on the ages involved. If you're over 18 and have sex with someone under 13, then you're gonna be arrested.

[Kermit]

There's no such thing as statutory rape in the UK. Legally, a five-year-old can consent to sex.

Of course, consensual sex with a person under the age of 13 has exactly the same penalty scale as rape (i.e. maximum of life imprisonment) so it's a bit of a moot point.

[lea_uk]

Thanks Kermit I knew I could rely on you :D

[Whowhere]

There's no such thing as statutory rape in the UK. Legally, a five-year-old can consent to sex.

.


The legal age of consent as laid down by the sexual offences act of 2003 and the criminal law amendment act of 1885 state the age of consent is 16 and persons engaging in sexual acts below that age are comitting an offence, because they cannot legally give consent......

It's not wholly enforced, but trust me. A 5 year old 13 year old or technically a 15 11 month year old cannot give consent for sex, if you have sex with someone under 16 you can be prosecuted. it might not be CALLED statutory rape, but that is what it is.

[Scary Monster]

It's not rape, it's relations with a minor below the age of consent.

For rape they have to not agree.

[Whowhere]

It's not rape, it's relations with a minor below the age of consent.

For rape they have to not agree.



I know, however it's semantics. The law says a person under the age of 16 cannot give consent for sex. Technically, they cannot agree.

[Scary Monster]

It is however quite important semantics.

It's what means that the male half of a 15 year old couple isn't a rapist.

[Whowhere]

It is however quite important semantics.

It's what means that the male half of a 15 year old couple isn't a rapist.


I did say earlier that the law isn't usually enforced in these circumstances. It does mean that a someone 30 year old sicko having sex with a 13 year old can't argue that consent was given though.

[Scary Monster]

He can argue that consent was given, only thing is that it's still a crime.

[Kermit]

The legal age of consent as laid down by the sexual offences act of 2003 and the criminal law amendment act of 1885 state the age of consent is 16 and persons engaging in sexual acts below that age are comitting an offence, because they cannot legally give consent...

Kind of and kind of not. The Sexual Offences Act 2003 did change some of the wording to do with consent, you're right (and I should have checked more closely before posting...my bad). But this really was just semantics (because of a legal case where a man tried to argue he hadn't raped a five-year-old because she consented) and the effect of the law did not change. We still do not have statutory rape.

The effect is not that people under the age of 16 are raped by someone over the age of 16 (or 18 if they are a person of authority). So statutory rape doesn't really come into it.

There still remain separate offences of having sex with a child under the age of 16 (which I believe has a maximum penalty of five years imprisonment) and having sex with a child under the age of 13 (which has a maximum penalty of life imprisonment).

[Whowhere]

He can argue that consent was given, only thing is that it's still a crime.



Maybe if he is 17 and she is 15 perhaps. If he is 25 and she is 12.....no defence.

[Scary Monster]

You're not getting me at all.

I'm not defending it or anything like that. I am merely point out that rape whereby intercourse is forced against someones will is different to underage consenting sex.

Apart from anything else, the former is generally a crime with a certain amount of violence.

[Whowhere]

I am merely point out that rape whereby intercourse is forced against someones will is different to underage consenting sex.

I'm not disputing that!

[otter]

a 16 year old can have sex with whoever they want at whatever age they want as long as their partner is >16
simple as that.