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Sexual activity with a child
(1)
A person aged 18 or over (A) commits an offence if—
(a)
he intentionally touches another person (B),
(b)
the touching is sexual, and
(c)
either—
(i)
B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)
B is under 13.
(2)
A person guilty of an offence under this section, if the touching involved—
(a)
penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)
penetration of B’s mouth with A’s penis,
(c)
penetration of A’s anus or vagina with a part of B’s body, or
(d)
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(3)
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 14 years."
Reasonable belief is a defence if the child is between 13, 14 or 15.
It is not a defence if the child is 12 or under. Because 12 or under is really fucking young.
I am comfortable with the law as is stands. It seems like a good balance to me.
I am also comfortable with the fact the CPS guidelines for teens in the middle section 13, 14, 15 there should be no prosecution if it's consensual and they are similar it age.
I see others want the law changed.
What should 12 or under be reduced to? 10? 8?
Girls are starting puberty earlier and earlier - plenty of DDs friends and DD could be taken for 15 or 16 so "reasonable belief". That's age 11.
How about 10?
Or no age at all?
Men are rarely prosecuted for the "in the middle" stuff (13, 14, 15) if it's consensual so how far do we want this pushed down?