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Would you get sent to prison for this? Watch

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    I've always wondered as a guy would you get sent to prison/put on the sex offenders list for this? Its pretty scary.

    So if you go to a club with your mates where you meet a nice girl. She looks pretty mature but tells you shes only 19. You start hitting it off and decide to go back and sleep together.
    Next morning you wake up, shes passed out and you see her purse on the floor a card sticking out. You investigate and find her college card, shes 15! (used fake id or whatever to get in)

    Do you report yourself to a police station? Would you likely receive jail time? Would she get in trouble? what about if shes pregnant?

    What does the law say about this?
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    is this ur own story
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    The more drunk sex you have with random drunk strangers the more likely trouble will come around innit.
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    In all honesty it depends.

    If you saw them in a nightclub your could use the excuse that you presumed they were at least 18 because they were on the premises drinking, also the fact she told you she was 19 would make it pretty guaranteed that it wouldn't result in a conviction.

    However if you knew that she was under 16 it rebuts the above points straight away, and in such situation the police would seize all your digital devices. There was one guy who I was at uni with who used the above points, which fell away once the police seized his computer and accessed his fb account. They found out he had spoken to the girl prior to the night out via mutual friend and had already found out she was 15.
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    It's what happened to Adam Johnson
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    (Original post by DanB1991)
    In all honesty it depends.

    If you saw them in a nightclub your could use the excuse that you presumed they were at least 18 because they were on the premises drinking, also the fact she told you she was 19 would make it pretty guaranteed that it wouldn't result in a conviction.

    However if you knew that she was under 16 it rebuts the above points straight away, and in such situation the police would seize all your digital devices. There was one guy who I was at uni with who used the above points, which fell away once the police seized his computer and accessed his fb account. They found out he had spoken to the girl prior to the night out via mutual friend and had already found out she was 15.
    This is the bottom line of it really.

    To charge you the police need to prove your intent to commit the crime as well as that you did commit the crime.

    The fact that you slept with a 15 year old is not in itself criminal unless you had reasonable grounds to believe she was under-age and still went ahead with it.

    Meeting a girl in a club for 18+ folk who says she is over 18, taking her home, ****ing her, never seeing her again and she complains to the pops... You might get questioned. You might even get arrested. But it is highly unlikely you will end up getting charged for anything unless someone set you up really bad...
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    (Original post by TorpidPhil)
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    The fact that you slept with a 15 year old is not in itself criminal unless you had reasonable grounds to believe she was under-age and still went ahead with it.
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    This isn't how it works, ignorance of the fact isn't an acceptable mitigating factor legally speaking
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    (Original post by MhadraRua)
    This isn't how it works, ignorance of the fact isn't an acceptable mitigating factor legally speaking

    "These offences can be committed by anyone aged 10 or older, the age of criminal responsibility. The Act also creates a range of offences involving sexual activity with children under 16 including sexually assaulting a child; inciting a child to engage in sexual activity; and obtaining sexual gratification by making a child watch a sexual act.
    If the victim is under 13, again there can be no defence. When the victim is 13 or over, but under 16, no offence is committed if the victim consents and the defendant believes, on reasonable grounds, that the child is at least 16. Simply taking the victim's word for his or her age may not be enough. Offenders under 18 commit a lesser offence with lower penalties."

    That's the guardian law editor's take on the matter.

    At 12 a girl generally look prepubescent (or at least certainly not womanly) so it is ****ing obvious you shouldn't have your **** near her. A 16 year old girl dressed up real sexy in a club definitely doesn't look 16 and she's in a club for 18+ peeps drinking so... That's more than just taking her word on her age. There is also no coercion. There is nothing for you to be charged with.

    Besides, this makes sense because underage sex is a serious criminal offence and in the UK the

    General principle: Act + Intention = Criminal offence

    In English law, a person is guilty and convicted on both actus reus (the prohibited act) and mens rea (the intention to commit the prohibited act). To obtain an assault conviction, the prosecution must show that you did the act (actual bodily harm) + you intended to cause injury by that act (or was reckless about the consequences). Mens rea is required in every other offence: Sherras v. De Rutzen (1895).

    There are very few 'full' exceptions to this, assault... Selling alcohol to an underaged person, rape of a minor, underage sex of someone under 13, etc <--- Strict liability cases - no mens rea is needed to get a full conviction.

    Underage sex generally is just strict liability meaning it means becomes a probabilistic debate - was there reasonable grounds to believe that the person wasn't underage? She was drinking alcohol in a nightclub, looked and dressed mature, was very confident, fake ID etc. Yes. Reasonable grounds to believe, therefore you get off with it.
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    (Original post by Anonymous)
    I've always wondered as a guy would you get sent to prison/put on the sex offenders list for this? Its pretty scary.

    So if you go to a club with your mates where you meet a nice girl. She looks pretty mature but tells you shes only 19. You start hitting it off and decide to go back and sleep together.
    Next morning you wake up, shes passed out and you see her purse on the floor a card sticking out. You investigate and find her college card, shes 15! (used fake id or whatever to get in)

    Do you report yourself to a police station? Would you likely receive jail time? Would she get in trouble? what about if shes pregnant?

    What does the law say about this?
    She won't have a college card if she's 15. & won't be in a club if she's under 18. If you met her in an illegal club (where no IDs checked) then you're going to jail if she or her parents go to the Police.
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    (Original post by ThePricklyOne)
    ... & won't be in a club if she's under 18...
    Oh my summer child.
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    Before I come to a decision, I would clear the conditions by law. So the first what I want to do is speaking to a lawyer trustfully.
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    Was her name Charmaine?
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    (Original post by MhadraRua)
    This isn't how it works, ignorance of the fact isn't an acceptable mitigating factor legally speaking
    Actually that's only the case in terms of sexual crimes in terms of trafficked or pimped women, where ignorance is not allowed. Weirdly enough in those cases, even if the defendant has reasonable belief that the individual was not trafficked or pimped they are still liable to be convicted.

    In regards to rape or underage sex, the accused has to believe they are raping an individual or that the person is underage for a crime to have occurred. If they believe the individual consents and is of age, with reasonable cause to believe so then it's defensible.
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    Thanks for the intriguing responses, this is all hypothetical of course
 
 
 
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