Man walks free from court after statutory rape

[AssassinatedBeauty]

Saw this news case today, and am not sure what I think:

www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-39305042

I feel that it gives the message that it's ok for men not to worry about the age of girls/women they have sex with if they have reasonable grounds to believe they're 16+.

13-15 you're presumed capable of consent in law even though you're under the age of consent, so that is taken into consideration. Whereas 12 and under can't consent full stop, so it's rape.

Consensual sex with a minor has a different charge of 'sexual activity with a child'.

Rebel, of course I would. I remember the things I did and am much more aware. I lied though, at least by omission. I think much on this when talking to my own teenager. It's quite terrifying really.

The lack of distress being taken for consent, in conjunction with her supposedly looking older is precisely why he got an absolute discharge.

I'm usually the last person to say this, but I feel bad for the man in this case

(Obviously, I feel bad for the kid too!)

There are no details. About him. Or her. Had she had sex before? We know not.

Actually correct that. His name and photo is plastered everywhere. I believe he should have got anonymity.

What a mess!!

You feel bad for a man who accidentally had sex with child? Ok.

Oblomov what is the relevance of whether the girl had had sex before?

Why should he have been anonymous?

Anyone on the thread about lying about your child's age to get cheap entry to theme parks etc?

So many could and maybes means the prim and proper is the way to describe some attitudes though.

I get it that no-one else has had a drunken romp after feeling horny but struck out at the club or pub. The morning after is sometimes awkward but often the sex was good. No-one ever ID me and never ID others and, looking back, I know I was underage (not 12 though) and I am sure some of my partners were as well. Young people and children are maturing quicker than ever before. And we do not have a culture of id checks on women prior to sex in this country.

Oh Nancy. Dont label me as a rape apologist, for Pete's sake!!

Beauty, I was just wondering.
Given all the other details. She was out, with her friend, bought vodka. At 12. Had she bought before? How drunk was she? Where was she until 4am.
Had she had sex before? Or was this her first time?

Just asking?

If not the first time, that suggests even more problematic situation?

He should be anonymous. Because this is a complex case. And many people have sympathy for him. Given the details that have now come to light.

She got anonymity. So why not him. He's now doomed. Poor lad.

It's irrelevant to the case how drunk she was,her sexual history etc.

One time with all the things involved is problematic enough in my eyes,especially since we're talking about a 12 yo.

She was not a woman scottishdiem. Why are you suggesting that? Even according to him she never claimed to be a woman.

She was a child.

A 12 yr old.

12 years old.

This adult raped a 12 yr old. A child who was not capable of consent. He just did not give enough of a shit to make sure that didn't happen. His desire to stick his dick into someone trumped who that person was.

Oblomov17

You understand he is guilty (by his own admission) of a crime?

Generally speaking they only give anonymity when there is a clear danger to the guilty persons life. This guy hasn't even had universal condemnation on a fucking feminist message board let alone by the general public.

You should look at the other thread Miffer. A couple of posters are musing on whether she coerced him into having sex.

No. I disagree, her sexual history is relevant.

Was this her first time? Or had she had sexual intercourse before? God forbid.

But she's claiming to be 16. What was her that experience re kissing, snogging, any sexual acts before? Surely that is relevant?

As his barrister, you would be trying to find out thus information surely?

Yes it's all not pleasant. But when it comes down to facts, the law,surely this is important?

He won't be doomed. Apparently it's not on his record as it's an absolute discharge. It'll all be forgotten soon enough, I'm sure. And as evidenced by the responses here, he'll gain a lot of sympathy from the public, having been cruelly tricked into it by the scheming child. Poor man. (Not my views here clearly...)

Sorry miffer. I don't quite understand.

Surely that, the fact it is not clear, is reason that we should have some compassion for him Aswell, that his name and photo should not be on the op's link.

He's screwed!!

You'd want to bring the sexual history of a 12 year old into the case, even though he pled guilty? What?

oblomov

No in the eyes of the law it makes no difference how many sexual partners she had

She was 12

She was unable to consent in the eyes of the law

She was raped in the eyes of the law

He's a convicted rapist.

Are you seriously suggesting convicted rapists should have anonymity, or just this one because he raped a 12 year old?

The guy has a conviction for rape. That will undoubtedly affect him. There are shades of grey in all criminal cases. He was convicted because he raped her. But the sentence has to reflect the severity of the offence and the consequences.

Whilst it is an unpopular view, I believe (and I work in criminal justice) that some rapes are more serious than others. A stranger rape, where a person is dragged into the bushes at knife point is generally different in severity to drunken sexual intercourse with a known person at a party. That is not to say that both aren't damaging and both are certainly rape. But I would expect the court to sentence the accused differently.

This is essentially what has happened here. He is a rapist, but there are extraordinary mitigating circumstances. It is criminal justice in action. The judge knew the circumstances and was in position to make a judgment. She is trusted and respected to do this. It is why we have sentencing guidelines and not mandatory minimums.

Jesus Oblomov. How "clean" does a 12 yr old rape victim need to be?

I can't believe people are considering the sexual history (or more accurately, her history of being raped) of a 12 yr old on a thread in feminism.

And what in the name of all hell has a person's previous sexual history got to do with whether they were raped?

Have a word with yourself.