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Feminism: Sex and gender discussions

Does anyone have figures for people in prison for consensual sex with similarly aged but underage partners?

140 replies

SardineQueen · 05/05/2012 21:05

Just looking at another thread on here and a lot of people saying they know young men who are in prison / on the sex offenders register for consensual sex - the ages being talked about are 15 and 17.

Also someone saying that in young offenders institutes there are a of young people in there for similarly aged consensual sex.

This seems unlikely to me but I have no figures to go on so I don't really know. Does anyone have any stats on this?

Thanks.

OP posts:
SardineQueen · 06/05/2012 20:26

choc why do you want to enforce the law regarding the age of consent, with young people who are around the age of consent, who are having mutually agreed sex? And why do you want it enforced regarding boys, but not girls?

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SardineQueen · 06/05/2012 20:20

Well I don't like the myth that loads of young men and boys are locked up for having mutually agreed sex with a person only just under 16.

So there you have it.

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SardineQueen · 06/05/2012 20:19

But the legislation does not say that Confused

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chocladoodle · 06/05/2012 20:12

Both those statements are saying the same thing.

The Crown - (Crown Office and Procurator Fiscal Office) the people in Scotland who decide which laws to prosecute.

I have linked the legislation already.

Why are you harbouring on about this same point? What more do you want me to say? That perhaps I have some 'inside' knowledge on these matters.

I don't like the myth that it is ok to have sex with underage girls because the police won't do anything anyway. It should be common knowledge that it is illegal to have sex with anyone under the age of 16 and that it can result in prosecution.

I also don't like the myth that no matter what you report to the police the liklihood is they won't care and will only provide a poor service. I'm sure there are plenty of people who could testify that their own experience was a poor one, however believing it to be the norm is only damaging and the main cause for women and girls not reporting crimes ( I am of course now referring to all sexual crimes). There are bad examples in every workforce, I have met bad nurses, bad teachers, bad GP's etc but it doesn't mean that I think they are all bad and not to be trusted and avoided. This myth must be destroyed and women and girls should feel free and able to report crimes to the police and know that they WILL be believed.

SardineQueen · 06/05/2012 20:02

Mutually agreed sex with someone of a near age with no coercion and etc blah, obviously.

Clearly if someone is abusing another (whatever their sex) then they should be prosecuted.

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SardineQueen · 06/05/2012 20:01

There would be outrage if underage boys were prosecuted for having sex too. Thankfully we have established that they aren't. Phew!

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SardineQueen · 06/05/2012 20:00

"Could you imagine the outrage of the public if underage girls were being prosecuted for having sex. Don't you think that girls and women have a difficult enough time in the eyes of the public with regards their sexual pursuits without starting to convict them for consensual sex. Can you see why this would NOT benefit the interests of the public."

No you plank I am saying that neither should be. As per "Although the age of consent remains at 16, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation."

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SardineQueen · 06/05/2012 19:57

Well this is new information:

"Even though the legislation states that a boy and girl under 16 could both be charged, it is the decision of the Crown office that the girl would not be convicted of such an offence as it would not be in the public's best interest. "

So what you are saying is not this "Another thing that is illegal is in the case when both boy and girl are under 16yrs. The boy would be able to be prosecuted but not the girl" at all. But that the guidance says that although both a boy and a girl could be charged, the Crown (what do you mean by that? which department, organisation) deems in all cases that the girl cannot be found guilty. Meanwhile the boy can. That seems very peculiar but I am no expert on scottish law. Please can you link.

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chocladoodle · 06/05/2012 19:51

I too have repeatedly stated my reasons behind what I'm saying.

I'll try and be as clear as possible.

Even though the legislation states that a boy and girl under 16 could both be charged, it is the decision of the Crown office that the girl would not be convicted of such an offence as it would not be in the public's best interest.

The law exists but it is not enforced. Do you understand the difference?

However, boys could (although highly unlikely) be prosecuted. This is the decision of the Crown office.

What would more likely happen is that both parties wouldn't tell their parents, if they did their parents probably wouldn't alert the police, and if they did, the police would only under pressure of parents to press charges, and if that were the case then both boy and girl would be charged. It would in all likelyhood at that point be dropped from the prosecution office and referrals made to Child Services. If, this entire situation were to repeat itself with say perhaps the same boy and a different girl all the way through telling parents, reporting to police, etc then only then would the Prosecution service consider maybe taking actual proceedings against the boy. It is a big if. Have I made this clearer?

Just because the law exists it does not automatically mean that the Prosecution Service have decided that it is in the public's interests to enforce it.

I do not hold sexist views, it is the opinion of the Crown Office who uphold the best interests of the public.

Could you imagine the outrage of the public if underage girls were being prosecuted for having sex. Don't you think that girls and women have a difficult enough time in the eyes of the public with regards their sexual pursuits without starting to convict them for consensual sex. Can you see why this would NOT benefit the interests of the public.

SardineQueen · 06/05/2012 19:28

It would not be in the interests of the public to prosecute a girl for underage sex.

It 'might' be in certain circumstances (although highly unlikely) in the interests of the public to prosecute a boy for having underage sex with a girl.

I cannot agree with this.
I find your stance terribly sexist.

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SardineQueen · 06/05/2012 19:16

"Another thing that is illegal is in the case when both boy and girl are under 16yrs. The boy would be able to be prosecuted but not the girl"

This is not true.
Not in England and not in scotland.
Not according to the cut and paste that you did.
What you said was untrue, it is not the case, it is inaccurate.
I don't know how many different ways to explain to you. I have reposted the pertinent part of your CnP a few times. Maybe try reading it through again?

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chocladoodle · 06/05/2012 19:10

It would not be in the interests of the public to prosecute a girl for underage sex.

It 'might' be in certain circumstances (although highly unlikely) in the interests of the public to prosecute a boy for having underage sex with a girl.

Do you see it now?

chocladoodle · 06/05/2012 19:07

"No YOU HAVE BEEN POSTING RANDOM INCORRECT STUFF ABOUT THE LAW"

Why do you keep saying this? I have copy and pasted it several times, I even then gave you the link ???? Why is it random incorrect stuff? Do you disagree with the legislation or something, I have no idea why you find it easier to insult me than to acknowledge that the 'stuff' I have posted IS a direct lift from the legislation.

YOU said you were talking about the laws of the UK? I thought to myself, well I know a lot about this and there are inaccuracies being thrown about I shall post the actual facts!!! I was not aware that this discussion was only open for people wishing to talk about English law. You failed to mention that condition.

Are you aware that Scotland is a country in the Uk and it does have laws also, and that maybe people of that country would like to join in on an internet forum debate without being shouted down for not talking about English law and being accused of making up random incorrect stuff about the law.

Where did you say that it was only a discussion on the laws of England?

SardineQueen · 06/05/2012 19:01

"The law could not be created with a discrimination against a 15 y boy and not a 15 y girl when it comes to who would be charged."

What does this even mean? In relation to your statement "Another thing that is illegal is in the case when both boy and girl are under 16yrs. The boy would be able to be prosecuted but not the girl" ??????

I am finding your posts incoherent, quite frankly.

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SardineQueen · 06/05/2012 18:59

No YOU HAVE BEEN POSTING RANDOM INCORRECT STUFF ABOUT THE LAW

Stuff which is NOT the law in either ENGLAND OR SCOTLAND

WHY would you go on a thread about one country and start talking about the laws in a different country without saying that is what you are doing? If you had referenced your quotes as being from the Sexual Offences (Scotland) Act 2009 rather than just cutting and pasting parts that you thought supported what you were saying (even though they didn't) that might have been a little helpful, yes? When the CPS was mentioned you could have said oh well the COFPS do it like this. Yes?

Instead you don't BOTHER saying that you are talking about a COMPLETELY DIFFERENT SET OF LEGISLATION which is bizarre to say the lease.

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chocladoodle · 06/05/2012 18:54

I am in Scotland.

I have always been referring to Scottish Law, which by the way is not random incorrect stuff. I am not inaccurate in what I have said and I have a very good understanding of the law, thank you very much. Can you show me where you think this is the case?

I am not irate, it is you who said you were irate, typing with CAPS LOCK on and calling me a goldfish or something.

Not once, did you say English Law or the law of England. You did mention the act of 2003, which I suppose everyone else not in the privileged position of being English or residing in England should automatically know what you are talking about, but the same rules don't apply when I'm referring to the law of my home country. Can't you see the irony of your position in this thread.

I have repeatedly stated my position on what is legal and what isn't. I do not and never have disagreed with any poster on this thread when it has been said that it is unusual for a 17y boy to be prosecuted for having sex with a 15 y girl. That is the point I am making. Can't you see that we are in agreeance here.

The law could not be created with a discrimination against a 15 y boy and not a 15 y girl when it comes to who would be charged. However, what I am saying is that this scenario would never occur, I have never heard of it happening, just because there is a law there stating that it does not automatically mean that it is in the interests of the public to enforce that law. Do you now understand what I mean?

AyeRobot · 06/05/2012 18:53

What a bizarre thread. Great perseverance, SQ.

From the Sentencing Guidelines (NB for England & Wales

"in addition, it is not in the public interest to prosecute children who are of the same or similar age and understanding that engage in sexual activity, where the activity is truly consensual for both parties and there are no aggravating features, such as coercion or corruption. In such cases, protection will normally be best achieved by providing education for the children and young people and providing them and their families with access to advisory and counselling services. This is the intention of Parliament."

SardineQueen · 06/05/2012 18:38

IF I wanted to talk about the situation in scotland, I would A say "this is a case in scotland, I am interested in what goes on in scotland B refer to the COPFS rather than the CPS and C link to scottish laws rather than english ones.

I mean come off it are you trying to suggest that I have been talking rubbish when I have quite clearly named the sources of quotes I am talking about and what prosecuting authorities I am interested in?

While you are post loads of random incorrect stuff and expect to get around the fact of your total inaccuracy and lack of understanding of the law by saying OH I was talking about Scotland all along?

I wish you would just come out with whatever it is you are trying to prove rather than shifting round in circles the whole time and getting terribly irate without saying what is it you are irate about.

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SardineQueen · 06/05/2012 18:34

Are you in scotland?

I would have thought that linking to the sexual offences act 2003 and quoting from it would be enough to indicate that it was the law relating to that document that we were talking about.

And FYI and you still don't seem to realise that it is bollocks that when 2 15 yo have mutually agreed sex the boy can be prosecuted but not the girl whether you are in england OR scotland.

What point are you trying to make on this thread?

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chocladoodle · 06/05/2012 17:56

SQ
Not once in this thread did you say that refer only to English law. You mentioned the law of the UK???

It was only when I linked the Scotland law that you jumped on this.

Is it just an assumption that we've all to make that any discussion, unless otherwise stated, is relevant to England and only England, and the remainder of the UK can be ignored.

Oh, you mention CPS but don't know what its equivalent is called in Scotland, well that's ok then, as long as the rest of us non-English UK citizens understand what you are talking about, you don't need to know about what's relevant to us. Talk about the privileged !!!

SardineQueen · 06/05/2012 17:33

Oooh that was a good post lowflyingbirds!

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SardineQueen · 06/05/2012 17:32

chocladoodle

Please can you confirm why you have been referring to scottish law when throughout the thread we have been talking about english law

Please can you confirm why you claim that if a 15yo boy and girl have sex the boy can be prosecuted but not the girl when this is not the case in english law OR scottish law

Please can you confirm why you responded to my quotes from the sexual offences act 2003 if you were talking about scotland, rather than saying at that point that you were referring to different legislation in a different country (which would have been helpful)

And as for this "The reason why I mentioned it was because SQ kept posting that it was the policy of the police to not do anything when a girl of under 16 and a boy of 16+ have sex."

I ONCE AGAIN refer you to the sexual offences act 2003 "Although the age of consent remains at 16, the law is not intended to prosecute
mutually agreed teenage sexual activity between two young people of a similar age,
unless it involves abuse or exploitation." which takes us back to where we started.

I have at NO POINT said it is legal to have sex with underage girls Confused my question was HOW COMMON IS IT FOR MALES TO BE PROSECUTED FOR HAVING MUTUALLY AGREED SEX WHEN THEY ARE SIMILAR IN AGE IE 17 AND 15 and the answer is VERY UNCOMMON INDEED AND LOOK THE LAW EVEN SAYS IT.

I still do not know what your point on this thread is apart from to spout rubbish about the law without ever getting to the point. Still it's been fun Hmm

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LowFlyingBirds · 06/05/2012 17:18

My theory is that we are costantly being fed certain myths and some people, through no fault of teir own other than perhaps an unwillingness/inability to look a little deeper, absorb them and believe them and therefore have strong feelings of injustice about the subject - ie, many youn men being criminalised due to laws that mean females have at their fingertips the opportunity to have an innocent boy/man jailed on a whim (maliciousness?).

Then they get involved in conversations where the facts, the Actual facts and statistics, entirely undermine what they have previously been led to believe but the feelings are stll there, the feeling that decent men and boys are in danger from these laws (and malicious girls/women who rely on them), so this leads to grasing at straws because they feel so strongly about it all.

But if the foundations are ripped away from under what you believe, try looking at why you believed they were solid foundations in the first pkace...get angry about that instead of desperately trying to prop up your feelings with yet more shifting sands.

chocladoodle · 06/05/2012 17:12

SQ
I have no idea now what point you are making. You have jumped about on this thread all over the place and have decided to mix my words, misinterpret what I have said and try and shout me down.

Perhaps it is best not to try and educate you in the law and leave you believing that having sex with underage girls is acceptable and that (if reported) to the police will do nothing.

chocladoodle · 06/05/2012 17:10

My first copy and paste (as stated above in 13:37) is an excerpt from the same legislation that I have been talking about all the way through. The reason why I mentioned it was because SQ kept posting that it was the policy of the police to not do anything when a girl of under 16 and a boy of 16+ have sex. I wanted to point out that it is in fact illegal and that it is now becoming common knowledge that it is ok to have sex with girls under 16 when in fact it is against the law. I have copied it again for you.

Having intercourse with an older child
If a person (?A?), who has attained the age of 16 years, with A?s penis, penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of a child (?B?), who?
(a) has attained the age of 13 years, but
(b) has not attained the age of 16 years,
then A commits an offence, to be known as the offence of having intercourse with an older child.

It appeared that SQ couldn't imagine this from ever happening and I agree that it is extremely unusual. However the law is there and it is there for the protection of girls (mainly) because they have the higher risks of such sexual encounters.

I don't know how this makes me annoying !!!

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