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Sexual offences act 2003 - abuse of position of trust watch

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    I have a 16 year old female friend who has spanish lessons with a 25 year old man. The lessons are nothing to do with her school.

    They have kissed and touched one another. As of yet it has not gone as far as sex.

    She is under the impression that since she is 16 and of the age of sexual consent, that there is nothing wrong with the relationship.

    I have looked at the Sexual Offences Act 2003 and dont think its very clear.

    I am seeking advice in terms of the law. I already know its unethical but I want to warn her about what could happen.

    I need to know if
    a) is the relationship is even legal? Since she is under the supervision of her spanish tutor. Is he abusing his position of trust? The girls parents are paying him for the lessons (and the parents dont know what they are getting up to)
    b) if it isn't legal, what could the tutor be facing? jail? banned from working with under 18s again? sex offenders register?

    many thanks,
    no immature comments please
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    Have a look at s. 16(5)(a) and (b):-

    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 a fine not exceeding the statutory maximum or both;
    (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

    The Spanish tutor is in a position of trust, your friend is less than 18 and he's engaged in sexual activity with her. Yes he's liable, yes it's illegal and yes he would face a jail term/fine.
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    (Original post by Mr_Deeds)
    The Spanish tutor is in a position of trust, your friend is less than 18 and he's engaged in sexual activity with her. Yes he's liable, yes it's illegal and yes he would face a jail term/fine.
    thanks for the reply,
    have they actually legally engaged in sexual activity? does kissing count as 'sexual activity'?
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    Sexual activity under the 2003 Act merely means that you have to "intentionally touch" the other person and that touching must be of a "sexual nature". So yes, I'd be inclined to argue that it does. If it was anything more serious it wouldn't be possible for the offence to be tried summarily (i.e. the defendant would be liable for a prison sentence considerably larger than 6 months).
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    This sound more serious than i thought.

    What do you suggest i do? I don't want to do anything behind her back.
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    (Original post by highflyer9048)
    This sound more serious than i thought.

    What do you suggest i do? I don't want to do anything behind her back.
    Tell your friend that her tutor is breaking the law? Tell her that you think she should tell her parents and if it gets any more serious you should probably do that yourself. :yes:
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    stay out of her business is the best you can do
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    To confirm he is likely to have broken the law. Although I do wonder if it really should apply here. Getting fed up with the criminal law trying to regulate our lives when it contravenes our full consent.

    I'd stay out of this situation personally.

    To be fair, my French teacher was bloody hot. And I wouldn't hesitate to bang her.
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    (Original post by Mr_Deeds)
    Tell your friend that her tutor is breaking the law? Tell her that you think she should tell her parents and if it gets any more serious you should probably do that yourself.
    It's best not get involved. Citizens shouldn't advise others on legalities in such a manner. They are not police officers. It can make it worse, and often does. The punishment for this 'crime' is an absolute joke.

    It might be her fantasy to have a sexual relationship with a teacher. Let her be IMO.
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    (Original post by NDGAARONDI)
    It's best not get involved. Citizens shouldn't advise others on legalities in such a manner. They are not police officers. It can make it worse, and often does. The punishment for this 'crime' is an absolute joke.

    It might be her fantasy to have a sexual relationship with a teacher. Let her be IMO.
    I see where your coming from and agree that, perhaps in some circumstances, the law shouldn't become involved in these sort of cases. The OP, since starting this thread, has PM'd me for further advice and I've told her to take a step back in the meantime.

    But, I think it's also important to remember that this law exists for a reason. We don't know that the tutor hasn't been coercive/manipulative, etc. There is an inequality of power and position in this relationship and that's the factor which tends, in some cases, to negate consent. This man probably knows he's breaking the law and should, in an ideal world, wait the year and however many months before the OP's friend does reach 18. If you make exceptions in one case you end up making excpetions in others. And that's a very dangerous precedent to set.
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    (Original post by Mr_Deeds)
    We don't know that the tutor hasn't been coercive/manipulative, etc. There is an inequality of power and position in this relationship and that's the factor which tends, in some cases, to negate consent.
    He probably did coerce and "manipulate" her into it. Or, rather, into wanting it. But that's how probably 99.9% of m+f sexual encounters happen, haha. Someone has to persuade the other person.

    OP - imo you should stay out of her business. She's probably absolutely loving it.
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    If she's under the impression that it's completely legit, you should definitely tell her so she knows she has to keep it a secret. If she blabs, and he's found out, his life wont be worth living.
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    (Original post by Mr_Deeds)
    I see where your coming from and agree that, perhaps in some circumstances, the law shouldn't become involved in these sort of cases. The OP, since starting this thread, has PM'd me for further advice and I've told her to take a step back in the meantime.
    Fair enough. She is sixteen, a supposed 'adult', and I assume she is not mentally 'challenged'.

    (Original post by Mr_Deeds)
    But, I think it's also important to remember that this law exists for a reason. We don't know that the tutor hasn't been coercive/manipulative, etc. There is an inequality of power and position in this relationship and that's the factor which tends, in some cases, to negate consent. This man probably knows he's breaking the law and should, in an ideal world, wait the year and however many months before the OP's friend does reach 18. If you make exceptions in one case you end up making excpetions in others. And that's a very dangerous precedent to set.
    Well, for instances like situations in mental care I can see the case but the school teacher one is a bit of a farce because the teacher ends up being labeled a rapist and put onto the sex offenders' register, which, I believe, undermine's victims of 'true' crimes such as rape as we would think of it. Sometimes explusion from the profession can be enough as a punishment without restorting to imprisonment when violent offenders are not in there because of lack of space.

    I think that law was put in place because they want to up the numbers on convictions for rape when real problems have not been addressed.
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    (Original post by NDGAARONDI)
    Well, for instances like situations in mental care I can see the case but the school teacher one is a bit of a farce because the teacher ends up being labeled a rapist and put onto the sex offenders' register, which, I believe, undermine's victims of 'true' crimes such as rape as we would think of it. Sometimes explusion from the profession can be enough as a punishment without restorting to imprisonment when violent offenders are not in there because of lack of space.

    I think that law was put in place because they want to up the numbers on convictions for rape when real problems have not been addressed.
    I agree with you completely. I'm just stating that the tutor is breaking the law; the 2003 Act is all about consent and, rightly or wrongly, the law takes the view that the 16 year old, in these types of cases, can't properly consent because of the inequality of power in the relationship. If anything, the OP should make the tutor aware of this fact first. If he doesn't act on that then he must, of course, accept the consequences. But yes, by all accounts, the criminal law should be an absolute last resort and largely for the reasons you've just given.
 
 
 
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