Ive just read a local newspaper article and it got me wondering

[jampot]

There's an article in our local rag about a 14 year old boy being charged with rape of a 12 year old girl because they went into a loo at the cinema and she performed oral sex on him. He is claiming it was consensual - so, could she too find herself on the sex offenders register?

If not, why not?

i don't think she can, not sure why i think that tho

our laws do seem very screwed on things like this

I don't think she can because of her age. If she were older, maybe

Is that rape though? I would have thought it was more likely to be sexual assault if anything.

I think the laws are such that the male will be charged but not the female because females are more vulnerable. If it is male on male though, presumably it would be the elder who is charged.

I'm pretty sure the law normally penalises the older partner, whatever gender everyone is. Certainly I don't think you'd see a 12-year-old boy charged for having sex with a 16-year-old girl, would you?

At any rate, this is normally called 'statutory' rape, because the younger participant can't meaningfully consent. I didn't think the term 'statutory rape' was used much any more.

what if they were both the same age though? I think Im thinking its very unfair for 2 under age kids to be sexually active but only the lad gets into trouble - even if consent is given

Tbh, in that situation, they probably wouldn't charge either of them. I do think they take it on a case by case basis, looking at all the pertinent facts. I suppose they probably think that the 14yo (who may be very close to 15) is old enough to know that what he is doing is wrong and perhaps he took advantage of the girl's relative youth.

IIRC the law has changed recently so that rape includes inserting anything into any orifice without consent, and under 16's are not able to give consent i.e. deemed not to have the understanding required