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Legal matters

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will dd3 go to prison?

72 replies

ncfordd3 · 07/02/2017 16:20

hi everyone on the legal matters part of mumsnet, im wondering if anyone could help.

dd had a relationship with a 15 yo boy and the boys mother has gone to the police. i dont want to go into everything but im just wondering if a situation like this would mean prison. can i just say that i didnt know about this relationship. however, this boy was bigger than her!

OP posts:
EweAreHere · 07/02/2017 17:14

I'm curious if people think the police might act differently if the girl was 15 and the boy was 18, and the girl's parents had gone to the police.

pepperpot99 · 07/02/2017 17:14

she had sex with a minor knowing his age. If it was an 18 year old male and a 15 yr old girl people wouldn't be sympathetic. In my opinion the 18 y old female deserves everything she gets.

RedSauce · 07/02/2017 17:18

I'm curious if people think the police might act differently if the girl was 15 and the boy was 18, and the girl's parents had gone to the police

If it's a consenting relationship then regardless of sex, a prison sentence is HIGHLY unlikely in this situation (18 with 15, two years apart at same school).

StarryIllusion · 07/02/2017 17:18

I don't think there will be any punishment short of a restraining order if the other mum pushes for it tbh, they are too close in age but she will be lucky not to end up on the sex offender's register as she is technically guilty of statutory rape.

allchattedout · 07/02/2017 17:20

she had sex with a minor knowing his age. If it was an 18 year old male and a 15 yr old girl people wouldn't be sympathetic. In my opinion the 18 y old female deserves everything she gets

When I was at school, plenty of 6th form boys had relationships with year 11 girls. Nobody batted an eyelid (early 00s). No talk of anyone being prosecuted.

If it was an 18 year old at the same school, I would not be baying for anyone's blood even if the genders were reversed, given the small age gap and presumable consent. I would be more concerned about situations like one of my school friends who at 15 announced that she had a 29 year old boyfriend. Those are the sort of creeps that I would throw the book at. Not school-kids.

EnormousTiger · 07/02/2017 17:21

Please do see a solicitor with your daughter before agreeing to anything with the police as even a caution can have huge legal ramifications.

(Age of consent to sex in the UK is 16, not 14 and it is the same for boys and girls)

blueskyinmarch · 07/02/2017 17:22

It makes no difference if the genders are switched. I am a social worker and worked in child protection. I have seen many cases like this. They will probably try to talk to the boy and it entirely depends on what he says. OPs DD will be the very last person the police speak to once the investigation is concluded. I understand the OP doesn't want to give too many details but it is unclear what point the investigation has reached.

manicinsomniac · 07/02/2017 17:23

Hang on a minute - these are kids 2 school years apart. Isn't that just kind of normal? (ok, more normal for the boy to be the older one but not exactly unusual for it to be the girl either).

I can understand the boy's mother being disappointed that he chose to have sex under 16 but why on earth go to the police?

I don't think your daughter has done anything particularly wrong ethically unless there's something huge you're not saying. Legally, I can't see it being anything other than a technicality.

PollytheDolly · 07/02/2017 17:29

I think there is more to this.

Awful for the OP. What a worry.

GabsAlot · 07/02/2017 17:32

i know someone whow as arrested for sleeping with a 15 year old but she had told him she wa 18-eventually they dropped the case

different circumstances though and maybe if shes in school still they might be lenient on her-but get some legal advice asap

ncfordd3 · 07/02/2017 17:33

i dont know when the relationship started, i never even knew she was in one, i dont know how official it was.

thanks everyone though, i feel a little more relieved. even though i know it still isnt over yet.

OP posts:
BreatheDeep · 07/02/2017 17:35

If it's a clear cut case of 18 year old sixth form student had sexual relationship with 15 year old school pupil, and there was no coercion or special needs or anything like that then it's very very unlikely that the police will charge her.

VioletRoar · 07/02/2017 17:40

Tough one. Quite eye opening reading this actually, 15 year old girl and 18 year old lad, not one person would blink when I was at school (I'm 29 now).

prh47bridge · 07/02/2017 20:46

The short answer to your question is no, she won't go to prison.

The offence is causing or inciting a child to engage in sexual activity. As there was actual sex this is a category 1 offence. From the description given I suspect there are no factors present that increase her culpability. If I am right and it goes to trial the starting point for sentencing will be one year's custody but she could get anything from a high level community order to two year's custody. It is difficult to be certain but, on the information given, I suspect the actual sentence would be towards the lower end of the range. As this is a first offence and the sentence would be no more than 2 years, any custodial sentence would be suspended so your daughter would not go to jail. Note that if she admits the offence at the first possible opportunity the sentence will be reduced by up to one third.

Having said that, I agree with others that there is a good chance she will not be prosecuted assuming this was just a normal teenage relationship, i.e. no coercion or anything else that would increase her culpability.

Cherryskypie · 07/02/2017 20:49

She shouldn't talk to the police without legal advice. Admitting anything now would be stupid.

EnormousTiger · 07/02/2017 21:40

Do make sure she is not persuaded to sign anything or agree anything without you being present and her having legal advice even if the police come to the school.

LauraMipsum · 07/02/2017 21:42

Unlikely she would even be charged, assuming that he is coming up to 16 and there was no coercion. This is from the CPS guidance for prosecutors:

"Code for Crown Prosecutors - Adult/child defendants

Guidance set out above in relation to sections 5-8 also applies to the child sex offences. The relevant factors that prosecutors should consider are repeated below. The weight to be attached to a particular factor will vary depending on the circumstances of each case. However, in deciding whether it is in the public interest to prosecute a person, prosecutors may exercise more discretion in relation to child sex offences (where the victim is a child aged 13-15) than for offences against children under 13.

Prosecutors should have regard to the following factors:

The age and understanding of the offender. This may include whether the offender has been subjected to any exploitation, coercion, threat, deception, grooming or manipulation by another which has led him or her to commit the offence;
The relevant ages of the parties, i.e. the same or no significant disparity in age;
Whether the complainant entered into sexual activity willingly, i.e. did the complainant understand the nature of his or her actions and that she/he was able to communicate his or her willingness freely;
Parity between the parties in regard to sexual, physical, emotional and educational development;
The relationship between the parties, its nature and duration and whether this represents a genuine transitory phase of adolescent development;
Whether there is any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship;
The nature of the activity e.g. penetrative or non-penetrative activity;
What is in the best interests and welfare of the complainant; and
What is in the best interests and welfare of the defendant.
In summary, where a defendant, for example, is exploitative, or coercive, or much older than the victim, the balance may be in favour of prosecution, whereas if the sexual activity is truly of the victim's own free will the balance may not be in the public interest to prosecute.

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."

alltheworld · 07/02/2017 21:47

You should get a solicitor and be very wary of accepting a caution as that will be on her record.

Allthebestnamesareused · 09/02/2017 20:11

Yes - a caution will always be there for the purpose of enhanced DBS checks and could very well prevent her from working with children or vulnerable people.

As they are only 2 school years apart I suspect the police won't be interested in pressing formal charges but it is very easy for them to persuade her to accept a caution to make the matter go away but definitely get advice of the ramifications of accepting a caution as it is far more onerous than historically.

Msqueen33 · 09/02/2017 20:15

Is he close to 16? I wonder why his mother went to he police. That seems like quite a large over reaction.

JaniceBattersby · 11/02/2017 23:22

As alltheworld and others said, if she is to be questioned by the police, she really musn't do so without first getting advice from a good solicitor, even if it's a voluntary attendance at the police station. Do not accept a caution.

This could potentially have lifelong consequences for her (and for the boy, of course) and she needs to be aware that the police and ultimately the courts could treat the offence seriously depending on the circumstances in which is was committed.

jacswc · 20/02/2017 23:30

If you'require talking about a consensual sexual relationship where there hasn't been a huge amount of coercion from your daughter police won't even look at it.

Talk of this being serious, cautions, someone even suggested the police referring it to CPS...if it's as I say above that is nothing to worry about.

I'm basing this on public government guidance (as someone posted above), police would not waste their time with this.

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