To find this effing unbelieveable **MNHQ adding content warning for CSA**

[Imnotafemistbut]

A man has raped a child and walks free from court as the judge appears to blame the child.

courtnewsuk.co.uk/rapist-walks-free-after-judge-says-12-year-old-was-sexualised/

[SliceOfCakeCupOfTea]

Shit I wasn't expecting that when I opened the tread. Might need a trigger warning!!

[Imnotafemistbut]

I assumed that I'd be addressing adults.

[Lockheart]

This is obviously a very complex and unusual case, and I'm not sure your post or the preview of the article is a reliable summation of the court proceedings. Do you have the judges remarks?

[Bonheurdupasse]

That is absolutely horrible !

[Toinfinityandbeyond3]

I think you need to ask MN to add a trigger warning to your thread.

[ABCeasyasdohrayme]

There really is no end to the blame of women and girls for our own rapes and assaults.

There is no way this man thought that a 12 year old was an adult, absolutely no way, 'immature' or not.

[emuloc]

There sounds like there is quite a lot to this case. Was she reported missing at any point.

[M1212]

Is there an appeal planned?

[RockAndHardPlace1]

Need more information other than a paragraph.

Either way it's disgusting he's walked free, real victim blaming going on here.

[SliceOfCakeCupOfTea]

@Imnotafemistbut

I assumed that I'd be addressing adults.

You are but funnily enough some of us were once children who were raped and don't expect to see it written so bluntly on an opening post

[Imnotafemistbut]

The accused admitted to three counts of rape.

www.dailymail.co.uk/news/article-10438991/Student-20-repeatedly-raped-girl-12-met-Tinder-avoids-jail.html

[Flowers500]

I can't read anything beyond a couple of lines.

Sex (ie sexual penetration) of a child under 13 is a crime of strict liability, so it wouldn't matter whether the kid looked 45, the defendant would still be guilty.

I can't see what he was charged with, if he was convicted, and if sentencing has happened. It's not even certain that there has been a trial or charging yet? Is this that he was arrested and interviewed and has not yet been charged?

[aristotlesdeathray]

Well on an app for adults it's odd to think anyone should ID their dates

So I can fully understand and agree with this ruling

[myteethwerefine]

@Imnotafemistbut

I assumed that I'd be addressing adults.

Yeah you're right. Once you reach adulthood you're completely over the fact you were raped as a child. So don't worry, once this 12 year old reaches 18 she'll be fine.

So why have you started this thread? Why are you outraged if child rape doesn't have lifelong consequences? Would you say the same to the child in the OP once she is an adult?

I do sometimes wonder about people's 'outrage' at child abuse as it seems to me it is to do with their own disgust rather than true empathy and understanding for the victims.

[Porcupineintherough]

Outrageous. Yes she probably was sexualised, poor kid because this creep may not have been her first abuser. Still a child. Still a victim.

[aristotlesdeathray]

@Flowers500

I can't read anything beyond a couple of lines.

Sex (ie sexual penetration) of a child under 13 is a crime of strict liability, so it wouldn't matter whether the kid looked 45, the defendant would still be guilty.

I can't see what he was charged with, if he was convicted, and if sentencing has happened. It's not even certain that there has been a trial or charging yet? Is this that he was arrested and interviewed and has not yet been charged?

He was convicted

But his sentence isn't that of jail

He had already served 7 months pre trial and has a community order and mandated therapy

[ABCeasyasdohrayme]

@aristotlesdeathray

Well on an app for adults it's odd to think anyone should ID their dates

So I can fully understand and agree with this ruling

This isn't a 17 year old saying she is 18, she was 12.

If you can't tell the difference between an 18yo and a 12yo then you probably shouldn't be online at all.

[RedCandyApple]

I don’t understand this story how did a 12 year old have a car and their own house?

[aristotlesdeathray]

@ABCeasyasdohrayme

She made it very convincing that she was an adult

If you bother to actually look into this case the ruling was correct

He admitted fault, has already served 7 months and has been convicted and sentenced a appropriately

[Flowers500]

[quote Imnotafemistbut]The accused admitted to three counts of rape.

www.dailymail.co.uk/news/article-10438991/Student-20-repeatedly-raped-girl-12-met-Tinder-avoids-jail.html[/quote]
Ah ok thanks, that's quite different.

So to break it down legally:
Sex with a child of her age is strict liability--that means he is guilty even if he genuinely believed and had reason to believe she was over 16. He has been found guilty of this.

The controversy then is the judge's sentencing: the fact that he got community service and costs. The judge has said the case is exceptional, that there was no grooming and he genuinely believed she was older, and had good reason to do so (met on tinder, had car and house).

Basically the judge has discretion on sentencing and has believed his side of the story, so has given him a lenient sentence while stressing that the case is exceptional.

The short one word quotes from the judge like 'sexualised' are not value judgements but from part of the judgement where she has to give a factual narrative of what occurred. If she doesn't do this kind of thing correctly it could be the basis for him to appeal. So I wouldn't criticise her carefully selected choice of words, but to disagree with sentencing is totally legitimate

[Flowers500]

@Porcupineintherough

Outrageous. Yes she probably was sexualised, poor kid because this creep may not have been her first abuser. Still a child. Still a victim.

Nothing that the judge has said or done disagrees with this. The judge has to give a narrative account of what happened as part of the judgement, the child was sexualised. Therefore she has to say the child was sexualised. That is not a value judgment or victim blaming.

[SliceOfCakeCupOfTea]

At 13/14 I could pass for 16 due to being well developed. I used to buy cigarettes with no bother. It is possible to pass for older if you try. If she had her own car, home and was telling him she was 16, I can see why he'd believe her.

Personally I find a 20 year old and a 16 year old an uncomfortable pairing. Age gaps works when both are older but at that age it feels predatory.

[AlDanvers]

How did she have a car and a house? Have I read that right?

[Porcupineintherough]

Buying cigarettes is one thing, you just need to look older. But I've never met a 12 year old that could pass as an adult for any length of time in person. And I know a lot of 12 year olds.

[HaveringWavering]

Er @MNHQ I just clicked on this thinking that CSA meant Child Support Agency.