minor's taking part in sexual activities by misleading defendent.

[Guest]

Hi!

I am currently researching for my dissertation for LLB law.
Some aspects are proving difficult. I am looking to argue whether statutory rape with children between the ages of 13-15 should be changed IF they have lied about their age. my personal opinion is that if a person had a genuine belief that the minor was over the age of 18, they should not be prosecuted for it. my thoughts being that with today's technology, younger people can get hold of fake ID's, be allowed in clubs, manage to get on dating websites etc. I have researched online and cannot find any legal academics that have put the same thoughts across, or cases where the judge has had a similar view. I know the law is the law, and I do plan on looking at other aspects of the law relating to the consent of a minor such as the gillick competence etc..

any one able to point me in the right direction??

[Amethyst]

Nothing like picking an impossible subject for your dissertation..... I'd maybe concentrate on 16 rather than 18 and refer to the legislation here http://www.legislation.gov.uk/ukpga/2003/42/section/9

[des8]

I would suggest a study of the Sexual Offences Act 2003 would pay dividends.
Firstly the age for consent is 16 in the UK.
Secondly sec 9 (c) i of the Sexual Offences Act 2003 makes it clear the adult has a defence if (s)he has a reasonable belief that the minor is 16 or over.
The defence does not apply to minors aged 13 or under



Crossed with Amethyst again!

[Amethyst]

lol Des, least we agree.... CPS Guidelines mention case law here - https://www.cps.gov.uk/legal-guidanc...l-offences-and

[LegalStudent]

Thanks guys! I realise the subject I've chosen is a challenge. I dont want to concentrate on 16 as it's already legal. The angle I want is that a child can refuse treatment if seen to be gillick competent, so that being the case, why cant they consent to sex? Refusing life sustaining treatment is much more of complex decision than deciding to have sex...
thank you for the website links, however I do have them already

[pendlewitch]

Hi!

I am currently researching for my dissertation for LLB law.
Some aspects are proving difficult. I am looking to argue whether statutory rape with children between the ages of 13-15 should be changed IF they have lied about their age. my personal opinion is that if a person had a genuine belief that the minor was over the age of 18, they should not be prosecuted for it. my thoughts being that with today's technology, younger people can get hold of fake ID's, be allowed in clubs, manage to get on dating websites etc. I have researched online and cannot find any legal academics that have put the same thoughts across, or cases where the judge has had a similar view. I know the law is the law, and I do plan on looking at other aspects of the law relating to the consent of a minor such as the gillick competence etc..

any one able to point me in the right direction??

As a Victim of child sexual abuse. From my experience the men involved knew and could not care how old I was. Back then there was no Child-line or anyone to tell. My abusers took advantage of this. My reply to your Question. If the person wanting sexual activities with either male or female, if in doubt do not do it.

[des8]

So the question has changed to why if a child is Gillick competent can (s)he not consent to sex with an adult

IMO it is pretty clear. The words "if seen to be gillick competent" are the pointers.
Having been assessed by professionals applying the Gillick competency test and fraser guidelines , the child may if deemed mature enough make certain decisions
Do you think that an adult aiming to have sexual activity with a minor is going to assess that minor to ensure they are mature enough.

i would suggest a different aspect for your dissertation

[R0b]

Thanks guys! I realise the subject I've chosen is a challenge. I dont want to concentrate on 16 as it's already legal. The angle I want is that a child can refuse treatment if seen to be gillick competent, so that being the case, why cant they consent to sex? Refusing life sustaining treatment is much more of complex decision than deciding to have sex...
thank you for the website links, however I do have them already

Well I agree you haven't picked the best topic for a dissertation if there is a lack of material out there. I've only done a quick search but some of the below may or may not be of assistance.

The Queen v Cox 1898 - Evidence from a third person as to a child's age may be proof of age.

Lawmakers, Law Lords And Legal Fault: Two Tales From The(Thames) River Bank: Sexual Offences Act 2003; R v G and Another (Journal of Criminal Law)

Sexual Activity with a Minor: Proving Criminal Intent (2006, Justice of the Peace)

Rape as 'one person's word against another's': Challenging the conventional wisdom (The International Journal of Evidence & Proof)

P.s. you might find the answer being down to publicpolicy and to strike a balance in protecting children - the R v G case is worth a read, particularly Baroness Hale's judgment.

[AdamRichell]

That is very important research, some minors are having sex without their wish... And this fact affects their psychology very much so they sometimes become asexual or they loos their libido. I know some people who lost the ability to having sex at a very young age because of psychological trauma. so many of them now use viagra oesterreichischeapotheke.com to have sex and they don't have libido at all. people should do everything to prevent sexual harassment to the kids.