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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.

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SardineQueen · 05/05/2012 21:21

Have been googling and have found a CPS thing saying it is not in the public interest to prosecute when young people are similar in age and the sex is wholly consensual.

Thinking about it I'm sure I found something before on the CPS site that summed that up nicely.

I am always a bit surprised that so many people know people in prison / on the offenders register for this when as we all know it is nigh on impossible to put someone in prison for non consensual sex. I feel that saying young men go to prison for this all the time indicates strongly that females can get males sent to prison on their say-so and that is not true and it bothers me when I see this myth propagated.

If I can find that other link I will post it.

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SeaHouses · 05/05/2012 22:47

I don't have any stats on this, but I know that my SIL spoke to the police about a teenage (but over 16) boy and my 15 year old niece. The police said they would not take any action if the 15 year wasn't making a complaint herself. My SIL was led to believe this was policy, not a particular response to her.

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chocladoodle · 05/05/2012 22:56

Sea Houses - if the 15 yr girl isn't prepared to give a statement or evidence to indicate that sexual behaviour took place then there really isn't much the police can do about it. What would be the evidence against the boy? It's not about policy, it's about having enough evidence to charge and convict.

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SardineQueen · 05/05/2012 23:01

Thank you for replying seahouses Smile I found what I was looking for in 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."

so that is good. Also in line with your SIL experience. (Do people really do that? Report 16yo boys for consensual sex with their 15 yo daughters? I can't imagine doing that)

It just always comes up on teenage threads, people saying that it's pretty common for 17yo males to have really harsh consequences for sex with 15yo girls - prison / sex offenders register etc - and I just know it's not true. And it feeds into so many rape myths I always feel I have to challenge it.

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SardineQueen · 05/05/2012 23:02

chocladoodle the sexual offences act 2003 says this

"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."

So it is policy.

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SeaHouses · 05/05/2012 23:06

That is not what the police said. They said they would not investigate if my niece did not make a complaint.

There was no talk whatsoever of them speaking to my niece and taking a statement from her. They never even suggested it.

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SeaHouses · 05/05/2012 23:06

Sorry, xpost.

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chocladoodle · 05/05/2012 23:07

SQ - I didn't say it wasn't policy.

Maybe I wasn't clear, but there is no point in the police being involved and taking criminal proceedings against a 16yr boy when his partner was consented and is not prepared to make a complaint to the police against him - as was stated by Sea Houses in her SIL's case.

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chocladoodle · 05/05/2012 23:08

SeaHouses - why would she want to give a statement though if she wasn't making a complaint.

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SeaHouses · 05/05/2012 23:11

Right, so that isn't the same thing as a statement then.

If my niece was 11, and my SIL went to the police about a boy over 16, the police would want to speak to my niece and take a statement whether my niece came forward with a complaint or not.

They had no interest in talking to my niece because she was 15, not 11.

And I think that is relevant to Sardine's question.

It is not a question of not having the evidence; it is a question of having no interest in attempting to investigate the crime and collect evidence because they don't really consider it a crime, which I think is right.

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EatsBrainsAndLeaves · 05/05/2012 23:17

Sardinequeen - I am glad you posted this thread. I thought exactly the same when I read posters saying lots of people go to prison for this - but I didn't actually know. Some people do talk bollocks here!

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chocladoodle · 05/05/2012 23:20

That's right - there is a huge difference between an 11yr and 15 yr old. The 11yr old would automatically be considered too young to make such a decision as to having consensual sex with anyone, regardless of their age, and the police would intervene.

I don't agree with your last sentence stating that the police have 'no interest ....don't really consider it a crime' . Again this comes down to the compliance of the 15yr girl and her willingness to make a complaint and give evidence against her partner. The police don't get to pick and choose what crimes they want to investigate, to say so gives out the impression that people shouldn't bother to report anything to them.

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SardineQueen · 05/05/2012 23:22

Oh hello! Yes. That thread has all gone nice which is good. I'm glad I found what I was looking for. The keeness of people to say "oh yes 17yo boys get prosecuted all the time for this" is a bit odd. And like I say I feel it feeds into a lot of rape myths so I can't let it go!

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SardineQueen · 05/05/2012 23:24

chocladoodle

according 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 DOES mean that the law in this country does not intend to prosecute in cases of consensual sex between similarly aged teens.

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SardineQueen · 05/05/2012 23:24

"Again this comes down to the compliance of the 15yr girl and her willingness to make a complaint and give evidence against her partner."

Make a complaint?
Of what?
Nice sex?

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SardineQueen · 05/05/2012 23:26

" The police don't get to pick and choose what crimes they want to investigate, to say so gives out the impression that people shouldn't bother to report anything to them."

"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."

So that's all fine then. The law says the police are not interested in consensual sex between similarly aged teens. And they aren't. So there we have it.

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chocladoodle · 05/05/2012 23:30

SQ - I don't understand what point your trying to make. Are you agreeing with me or disagreeing? It's not clear from your posts.

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SeaHouses · 05/05/2012 23:41

I am completely confused by what we are all talking about.

I am saying that it isn't a crime for a 15 year old and a 17 year old to have consensual sex. Because of this, the police would not bother turning up on the doorstep of a 15 year old and asking to talk to them about it.

If the child was 11, it would be a crime, and the police would want to talk to the 11 year old about it, regardless of whether or not the 11 year old wanted to talk to them or make a complaint.

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chocladoodle · 06/05/2012 10:00

It all comes down to whether or not it is in the best interests of the wider public. Two young teenagers having consensual sex is of no great concern.

Although the age of consent is still 16 - that is the law.

If however there was a raving 17 yr boy going around secondary schools and impregnating scores of 15 yr girls then yes, it is in the public's interest to do something about him. They would of course require the 15 yr girls to comply and give statements in order to make a complaint against him and bring on criminal proceedings.

Perhaps these teenage boys that are all doing time in a young offenders institute have impregnated their young partners, leaving them with the responsibility of parenthood. The law was introduced to protect young girls for this very reason. It is unusual however for it to result in prosecution, mostly due to the lack of cooperation from the pregnant girl who doesn't want to see her boyfriend in trouble with the police.

Did your neice not want to involve the police SeaHouses?

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SardineQueen · 06/05/2012 12:01

"They would of course require the 15 yr girls to comply and give statements in order to make a complaint against him"

A complaint of what?
Consensual sex?

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SardineQueen · 06/05/2012 12:01

"Did your neice not want to involve the police SeaHouses?"

Why on earth would a 15 yo girl want to involve the police after having consensual sex with her boyfriend? Confused

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SardineQueen · 06/05/2012 12:04

"Perhaps these teenage boys that are all doing time in a young offenders institute have impregnated their young partners, leaving them with the responsibility of parenthood. The law was introduced to protect young girls for this very reason. It is unusual however for it to result in prosecution, mostly due to the lack of cooperation from the pregnant girl who doesn't want to see her boyfriend in trouble with the police."

You really need to read the act.

"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."

A pregnancy does not magically render consensual sex, non-consensual.

You seem to be saying that girls can have boys put in prison for getting them pregnant. Where do you live, Afghanistan?!!
You also seem to forget that the law also protects boys. The law is not there to protect girls from pregnancy Confused It is there to protect children and teens from abuse, exploitation and coercion.

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scurryfunge · 06/05/2012 12:08

They don't Sardine - often the initial complaint comes as a third party report, usually parents.

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SardineQueen · 06/05/2012 12:14

With seahouses niece the parent did go to police and the police said they would not act without a complaint from the girl.

chocladoodle said "Did your neice not want to involve the police SeaHouses?"

And I asked her "Why on earth would a 15 yo girl want to involve the police after having consensual sex with her boyfriend?"

It's a fair question.

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SardineQueen · 06/05/2012 12:16

I am also a bit gobsmacked that parents actually do that, it's all terribly eastenders. Still there you go.

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