The Student Room Group

No punishment for man who raped girl, 12

"On condition the man would end his own life" is what I expected to read after that headline, but no.

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

How was the man to know she was only 12, pity.

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Original post by Laomedeia
"On condition the man would end his own life" is what I expected to read after that headline, but no.

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

How was the man to know she was only 12, pity.


Irresponsible headline from the BBC imo
Reply 2
Original post by RadicalCentrist
Irresponsible headline from the BBC imo


any sexual relationship with a kid is a rape. he had a sex with her, so... so it's not irresponsible headline.
Original post by simon_g
any sexual relationship with a kid is a rape. he had a sex with her, so... so it's not irresponsible headline.


She told him she was 16 and the article admits that she easily looked that age.
Original post by RadicalCentrist
She told him she was 16 and the article admits that she easily looked that age.


It sounded like she made the rape claim after telling her sister she was worried about being pregnant, probably thought she'd be in less trouble with her parents that way.
Original post by (づ ̄ ³ ̄)づ
It sounded like she made the rape claim after telling her sister she was worried about being pregnant, probably thought she'd be in less trouble with her parents that way.


Poor bloke
Original post by simon_g
any sexual relationship with a kid is a rape. he had a sex with her, so... so it's not irresponsible headline.


A headline can be factual whilst still being misleading and irresponsible. Yes, a rape did occur, but in this case it seems quite clear that there's nothing the defendant did that should result in punishment or in us talking as though he's some sort of monster and sexual predator. It was reasonable of him to think that he was having sex with somebody of the age of consent.

So it's irresponsible insofar as it implies that somebody who deserves punishment has gotten off on some sort of technicality, that is not what has happened.
Original post by (づ ̄ ³ ̄)づ
It sounded like she made the rape claim after telling her sister she was worried about being pregnant, probably thought she'd be in less trouble with her parents that way.


Well it's similar to the ched evans case, the 'victim' never claimed they were raped. The sister raised the alarm and as she was under the age of 13 the crown prosecution service in no uncertain terms had to push for the conviction.

The main difference being in the ched evans case the crown prosecution service weren't forced to prosecute.


Original post by limetang
A headline can be factual whilst still being misleading and irresponsible. Yes, a rape did occur, but in this case it seems quite clear that there's nothing the defendant did that should result in punishment or in us talking as though he's some sort of monster and sexual predator. It was reasonable of him to think that he was having sex with somebody of the age of consent.

So it's irresponsible insofar as it implies that somebody who deserves punishment has gotten off on some sort of technicality, that is not what has happened.


Well it's weird, in the UK sex with an underage minor is not 'rape'. If she had been 13 for example they wouldn't of been able to use the term rape.

However as she was 12 and cannot of consented due to legalities, then it's classed as rape.

The worst sound bite I've heard so far in regards was on radio 1,saying something along the lines of "A man has received no punishment for raping a 12 year old girl, as the judge said it was not in the communities/crowns interest to punish him'......
Reply 8
It is an unfortunate situation, but if what the judge thinks happened is indeed what occurred, then I agree with the decision. Cieslak had every reason to believe he was having consensual sex with someone old enough to give consent. I do not see him as a danger to society based on what happened here.

I think it is a good title for the article, making people think about what the difference is between the law and what is right and wrong. Cieslak clearly did rape someone (by the legal definition) but I for one (well, the judge as well) cannot see anything he did that ought to be punished.
I feel sorry for him. Young girls feel the need to act older and lie about themselves when they should be enjoying being that young. He was rightly not convicted.

Posted from TSR Mobile
Reply 10
She lied about her age. And even the officers and the taxi driver thought she was older.
And rightly so. He had every reason to believe she was of age.
Reply 12
Original post by limetang
A headline can be factual whilst still being misleading and irresponsible. Yes, a rape did occur, but in this case it seems quite clear that there's nothing the defendant did that should result in punishment or in us talking as though he's some sort of monster and sexual predator. It was reasonable of him to think that he was having sex with somebody of the age of consent.

So it's irresponsible insofar as it implies that somebody who deserves punishment has gotten off on some sort of technicality, that is not what has happened.


A rape did occur? How is this rape???

"Also, the girl engaged in sex willingly."
Original post by EC
A rape did occur? How is this rape???

"Also, the girl engaged in sex willingly."


Sex with a minor is rape since they are under the age of consent, that is the law.
Original post by EC
A rape did occur? How is this rape???

"Also, the girl engaged in sex willingly."



Statutory rape.
Original post by Mathemagicien
The law is very clear on this. You may have every reason to believe that they are overage, but if you have sex with an underage girl, even with her consent, then you have committed a rape. Which is why you should always exchange passports/drivers licences if you plan on bonking anyone.

This is what that neo-Nazi Milo Yiannopolis was talking about a few weeks ago - he said that the age of consent should be lowered to 15? I think; hence the "Milo advocating child rape" threads we had.


If they consent when they're under the age of 13. Otherwise it's Sex with a Minor or something along those lines.

Main crux of the matter being the law doesn't allow under 13's to consent.
Reply 16
Original post by Willy Pete
Sex with a minor is rape since they are under the age of consent, that is the law.


I know. But this case involves a poor who got tricked by a 12 year old who clearly wanted to get drunk and party and have sex and who knows what else.

So I'm glad the judge decided not to punish him because the facts are clear.
Reply 17
Original post by Dodgypirate
Statutory rape.


I know, but even in the article there's a statement which explains: she said the statutory offence had "a very wide scope" and that there were a number of "exceptional circumstances" in the case.
Original post by EC
I know. But this case involves a poor who got tricked by a 12 year old who clearly wanted to get drunk and party and have sex and who knows what else.

So I'm glad the judge decided not to punish him because the facts are clear.


I think he is one of the lucky ones.
Reply 19
Original post by EC
A rape did occur? How is this rape???

"Also, the girl engaged in sex willingly."


http://www.legislation.gov.uk/ukpga/2003/42/section/5

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