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would this be sexual abuse for whom? Watch

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    If a 15 year old male finds a 24 year old teacher attractive. This teacher was sexually abused in the past is also male and is gay as well. The boy hooks up with him while the man is drunk. He's so drunk he can't stand up straight and he tried to say no but came out rather slurred and misunderstood. They had anal sex the 15 year old being the top. The teacher at one point froze up seemed removed mentally from what was actually happening. Would the boy be the rapist? Or would the teacher be because he was the one who was supposed to be in charge being the adult and a teacher at his school. Who would get charged with sexual assault and the like? Who would the victim be in this case?
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    the boy didn't do any **** penetrating so he can't be called a rapist according to the UK definition.
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    According to UK law the teacher would be the rapist due to the lack of scope it gives the definition of rape.
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    (Original post by ChickenMadness)
    the boy didn't do any **** penetrating so he can't be called a rapist according to the UK definition.

    yeah he did actually he anally penetrated the teacher. They had anal sex. The teacher was the bottom he was the top.
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    (Original post by Anonymous)
    yeah he did actually he anally penetrated the teacher. They had anal sex. The teacher was the bottom he was the top.
    I thought you meant the teacher was being ridden. lel

    Kids a rapist then.
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    Theoretically the student could be charged with rape. There are some analogous situations where a student has forcibly raped a female teacher, although I can't remember whether the student was over 16. The teacher hasn't committed rape, but I would question what led up to that situation.
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    (Original post by ChickenMadness)
    I thought you meant the teacher was being ridden. lel

    Kids a rapist then.
    yeah that's what I was saying the kid was riding the teacher I don't really get how that was different from what I was saying.
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    (Original post by MancStudent098)
    Theoretically the student could be charged with rape. There are some analogous situations where a student has forcibly raped a female teacher, although I can't remember whether the student was over 16. The teacher hasn't committed rape, but I would question what led up to that situation.
    they're neighbors the boy helped him in his house because he was really drunk. Oh ok so he could report it. But what if the boy said he wanted it and convinced him to have sex with him though? I mean aren't law enforcement more likely to side with minor considering he's an adult.
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    (Original post by Anonymous)
    If a 15 year old male finds a 24 year old teacher attractive. This teacher was sexually abused in the past is also male and is gay as well. The boy hooks up with him while the man is drunk. He's so drunk he can't stand up straight and he tried to say no but came out rather slurred and misunderstood. They had anal sex the 15 year old being the top. The teacher at one point froze up seemed removed mentally from what was actually happening. Would the boy be the rapist? Or would the teacher be because he was the one who was supposed to be in charge being the adult and a teacher at his school. Who would get charged with sexual assault and the like? Who would the victim be in this case?
    I would say the boys the rapist
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    (Original post by Anonymous)
    yeah that's what I was saying the kid was riding the teacher I don't really get how that was different from what I was saying.
    The man penetrated the kid then. The kid didn't penetrate the man.

    That means the kid can't be a rapist. (cus of UK law)
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    (Original post by ChickenMadness)
    The man penetrated the kid then. The kid didn't penetrate the man.

    That means the kid can't be a rapist. (cus of UK law)
    no if someone is riding someone else they are the one on top...
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    (Original post by Anonymous)
    no if someone is riding someone else they are the one on top...
    The person who inserts a penis into another person is the rapist lol. Thats the only way you can be a rapist according to the UK definition.
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    What a very very very odd question
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    Why was he drunk around the kid in the first place?

    If the teacher is penetrating the kid, then is kid is riding the teacher('s penis) and therefore the kid cannot be convicted of rape according to the law.
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    (Original post by Anonymous)
    If a 15 year old male finds a 24 year old teacher attractive. This teacher was sexually abused in the past is also male and is gay as well. The boy hooks up with him while the man is drunk. He's so drunk he can't stand up straight and he tried to say no but came out rather slurred and misunderstood. They had anal sex the 15 year old being the top. The teacher at one point froze up seemed removed mentally from what was actually happening. Would the boy be the rapist? Or would the teacher be because he was the one who was supposed to be in charge being the adult and a teacher at his school. Who would get charged with sexual assault and the like? Who would the victim be in this case?
    ".. and that concludes the statement for the defence."

    For England and Wales, the answers are all in the Sexual Offences Act 2003.

    15 year old - Rape. Penetrated someone else who did not consent and they had no reasonable belief that they did. The level of drunkenness should have indicated a lack of capacity to consent by itself. As a child, they may get a lighter sentence, but they're still very likely to be locked up for some years.

    24 year old - If he consented to sexual activity with the 15 year old, he would be liable to "sexual activity with a child", as there's no reasonable belief that they're over 16. Maximum penalty 14 years because penetration is involved, but would argue lack of consent = not guilty.

    (Given there's a duty of care because of being at the same school, the age of consent is 18, not 16. Between those two, it would be one of the "Abuse of position of trust" offences, but being consensually sexual with an 18 year old pupil is still going to be treated very seriously by the school and professional bodies - expect to be kicked out.)
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    (Original post by ChickenMadness)
    The person who inserts a penis into another person is the rapist lol. Thats the only way you can be a rapist according to the UK definition.
    Not true. At least one woman has been convicted of rape because they assisted someone else in penetrating someone without consent.
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    (Original post by unprinted)
    ".. and that concludes the statement for the defence."

    For England and Wales, the answers are all in the Sexual Offences Act 2003.

    15 year old - Rape. Penetrated someone else who did not consent and they had no reasonable belief that they did. The level of drunkenness should have indicated a lack of capacity to consent by itself. As a child, they may get a lighter sentence, but they're still very likely to be locked up for some years.

    24 year old - If he consented to sexual activity with the 15 year old, he would be liable to "sexual activity with a child", as there's no reasonable belief that they're over 16. Maximum penalty 14 years because penetration is involved, but would argue lack of consent = not guilty.

    (Given there's a duty of care because of being at the same school, the age of consent is 18, not 16. Between those two, it would be one of the "Abuse of position of trust" offences, but being consensually sexual with an 18 year old pupil is still going to be treated very seriously by the school and professional bodies - expect to be kicked out.)
    So can teachers and students have sex with each other if they're over 18?
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    (Original post by Anonymous)
    they're neighbors the boy helped him in his house because he was really drunk. Oh ok so he could report it. But what if the boy said he wanted it and convinced him to have sex with him though? I mean aren't law enforcement more likely to side with minor considering he's an adult.
    What are you not telling us? Who are you in the story?

    Unless this happened last night, clearly it has not been reported - the 15 year old would be being interviewed under caution by now, if it had been.

    There are going to be witnesses to how drunk the 24 year old was.
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    (Original post by ChickenMadness)
    So can teachers and students have sex with each other if they're over 18?
    Legally yes, but don't expect the school or teaching professional bodies to approve. Sex with people who are still pupils in the school is probably specifically covered in employment contracts.

    Having sex with recent ex-pupils is going to raise eyebrows and put a career at risk - when it goes on the grapevine, potential new employers are going to think of the tabloid headlines and go for someone else.
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    This seems a very odd and very specific post.


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