Is this rape?

[PatioPonderer]

Quick answer please,

Boy is underage, maybe 12/14, woman has has with him?

Thanks

[Theresaflyinmyhouse]

Is he 12 or 14?

[Superexcited]

If he is under 13 then it is statutory rape. If he is over 13 then she is guilty of sexual activity with a minor. Either way she is a sex offender.

[bikeandrun]

Is statutory rape a term in English law?

[LurcioAgain]

Woman over 16?

My understanding of the law is that this would be sexual assault rather than rape (under English law, rape involves penetration with a penis - but sexual assault is an equally serious offence and carries the same sentence).

If he is 12, then whether or not he believes the activity to be consensual does not come into it. Under the age of 13 consent cannot be given and the older partner is assumed to be in a position to recognise how young the person is.

If 14, in practice it would depend on the age gap - a 14 and 11 month year old engaged in what appeared to be consensual sexual activity with his just turned 16 year old girlfriend, then probably the police wouldn't advise prosecution.

A clearly adult woman and a 14 year old boy - they would (see recent case of the head teacher found guilty of historic sexual abuse of pupils in her charge.

[Superexcited]

I don't know if the term statutory tape is correct by current English law but a child under the age of 13 is deemed unable to consent and therefore it can only be rape.

[Superexcited]

But as Lucrio says / sexual sssault because of the penetration aspect. I think I was being wishful that it could be rape when a child is involved. The same applies about consent though.

[RepeatAdNauseum]

It's not rape, it's sexual assault - under English law, rape must involve penetration with a penis.

It's a minor point, though - sexual assault would carry the same sentence.

[Superexcited]

Why are you asking OP? It is abhorrent that a grown woman would have sex with a child,

[PatioPonderer]

It is a very old matter so no reason for immediate concern. My husbands brother got a woman pregnant. I am not sure of his exact age at the time, but she was a proper grown up. My dh doesn't see the seriousness of this. I am working with him to understand his childhood

[goddessofsmallthings]

Rape is one of the few criminal offences that can only be committed by a male.

A boy or girl under the age of 16 cannot consent in law.

However, there is no quick answer to your question as more information is needed as to the actual age of the boy and the age of the woman when the act is alleged to have taken place as this will determine whether the offence is sexual assault or sexual assault of a child under 13.

If the boy is 14 and the woman is 18 the police may not be inclined to act.

What relationship does the woman have with the boy, i.e. carer, teacher, relative etc?

[pocketsaviour]

Oh gosh, that sounds awful :(
Was it minimised by their parents?

[LurcioAgain]

Patio - yes, it was sexual assault. Your poor BIL. Has your DH seen the press coverage of that recent case involving the head teacher, and the comments of the victims? I think (if it was a long time ago) at the time there would have been enormous pressure on him to think of himself as a right jack-the-lad, and it's only with the benefit of hindsight that the fact that he was in fact the victim of a predatory adult will have become apparent to him.

[PatioPonderer]

I imagine so, the brother probably doesn't even realise it was so wrong.

[goddessofsmallthings]

How old is a 'proper grown up'? And did this act take place before 2003?

[PatioPonderer]

Yes exactly Lucio. Can you link to the comments you mentioned?

[PatioPonderer]

I will get more info on ages tonight and yes it would have been before 2003

[LurcioAgain]

bbc report of jailing of Lakey

[PatioPonderer]

Thanks, interesting

[PatioPonderer]

Ok I got it a bit wrong he was 14, she was 17/18, not relative or teacher etc

[goddessofsmallthings]

If it was reported to them the police didn't any action then and are unlikely to take action in similar circumstances today unless the boy makes a complaint and states that the girl/woman forced herself on him.

Your bil may have been the envy of his mates, but it's probable they were all getting up to the same type of activities with girls/young women of varying ages.

I don't see that this is so very 'serious' and wonder why you are 'working with' your dh to 'understand his childhood'? Was it so very different from your own?

[PatioPonderer]

As i said i made a mistake, I had been given the imoression he was younger and she was older. Yes it was full of neglect and trauma, thanks for asking. Luckily mine was not