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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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hi, im the girl in the history below and the guy was my

Resolved Question:

hi, im the girl in the history below and the gay guy was my friend from college and now he and his family are threatening me with report me with the police for sexual assault apart from that they have threatening by text messages asking me to leave the college (witch i did already) and the city and my job because if i dont something bad is going to happen to me.. he lie to his family saying that this guy assault him trying to pull his jeans because i told him to do it and that he no choose to be and participate in the situation, that is obvious a lie, he is 17 years old but till i know the legal age for having sex in the uk is 16.. how im describing the situation is what he should say to his family instead of lie:

Im gay and I was in the house of a straight girl friend, we was drinking and speaking about porn and she told me she think is sexy to see 2 guys having sex but I like more when one of the guys is a bit girly, later we decide to go to a night club, I meet a guy out side the night club while I was smoking alone, I feel attracted to this guy and then my girl friend come out of the club an join us to smoke, was time to go home and I invite him to come with us, it is my girl friend house but she was agree with the invitation I did to him, we was in her bedroom siting in the bed, drinking and talking then I see that the guy start kissing my girl friend and they lay down in the bed then she told me: u can lay down with us if u want, I was agree and i lay down next to him in the edge of the bed, while they was kissing each other I hug him by the abdomen from behind, my girl friend notice that and then she say to him let's go up stairs, then he come back alone naked and offer me to suck his penis because my girl friend to him to do that offer and I was agree doing it, later she come to the room and join us into the bed kissing him while I was sucking his penis then he turn around and hug her and continue kissing her and then she say to him in the ear: kiss him, he kiss me and I was agree answering the kiss back, then he put again his penis in my mouth and I start sucking again agree, then he touch my bum above my jeans and I was agree let him doing it when my girl friend notice that she say to him in the ear: f**k him, and he start pulling slowly my jeans off just a bit then I say no and he stop imidiatly then she ask me: why not? and I answer: beacuse your my friend from univ and she say ok, later she say to him: suck his penis and then when I saw him coming with his hands to me I sit down on the bed and he stop imidiatly then she say to him: suck him.. and then I say no and he say no too without getting close to me, then he got under the covers and start giving oral sex to her, while that was happening I was smoking a cigarette and doing funny faces to my friend about the noices that his was doing with his mouth under the covers and she was laughing then later she say to him go up stairs and wait me there, he when out and then she told me: he have a big dick really, I say yes and then she ask me: did u like it? and I say yes, then I told her dont let me alone here in the bedroom but she pick up condoms from her hand bag and say: I come back soon. they was up stairs for about 20 min while I was laying in bed resting.. he then come alone into the bedroom and start to dressing up and after 2min my girl friend come in too toke a towel and cover up and got into bed, I decide stand up and get ready to going home, this guy go out of the house first and I stay with my friend in the room, while I was looking my self in the mirror my friend ask me: are u ok? and I answer: no because my skinny jeans are stretched now and I ask her: they are stretched? and she say looking at my jeans: no they look fine but if u want I can buy you new ones.. then I walk away of the house saying: see you later..

what should i do with this situation? im very worry about this because im a refugee in the uk and something like this i think can put me in problems with the home office.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I am sorry that you haven't had a response for some time.

Would it be possible to summarise your question? I'm really sorry but there is too much detail in your post for me to be able to consider for this price. I can help if you can reduce it.
Customer: replied 3 years ago.

hi, thanks for the answer.. basically what i want to know is that: if i have done anything illegal? and if i need to be worry of been in jail? what i say in my history is what exactly happens.

Expert:  Jo C. replied 3 years ago.
Yes, I understand that.

What I meant was is it possible to summarise the facts?
Customer: replied 3 years ago.

well the facts is that he is saying that because of me that guy sexually assault him trying to pull his jeans what i dont understand how can be that possible if the guy stop when he say no and happens while he was giving oral sex to that guy.. and because he is under 18 he is a child.. i have done some research and in the uk if u are more than 16 is legal to have sex..

Expert:  Jo C. replied 3 years ago.
Its not that simple.

Why does he hold you responsible for this?
Customer: replied 3 years ago.

because i told to the guy to have sex with him.. it was a subjection, but he say no and the guy stop and that was all.. there was no force..

Expert:  Jo C. replied 3 years ago.
I'm sorry if I'm missing the point but why were you telling another person to have sex with somebody?
Customer: replied 3 years ago.

because we was the 3 of us in bed.. that guy was interested in me but my friend was interested in him and after see how my friend was giving him oral sex in front of me i make the subjection.

Expert:  Jo C. replied 3 years ago.
Is he saying that he didn't consent?
Customer: replied 3 years ago.

yes.. and thats why the guy stop when he say no.. it was just a suggestion of me and nothing happens at the end. guess that what he basically saying is that he was no agree with my suggestion.

Expert:  Jo C. replied 3 years ago.
I suppose there could be an argument that incited the offence.

It depends what his allegation is.

Certainly if he is saying that he did not consent and you would have known that then suggesting that he has sex with him would amount to an offence.

I realise that isn't how you remember the events but usually witnesses don't normally remember things in the same way as defendants.

Its not the best case anyway. Sexual offences are not generally of the strongest nature.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

can i be arrested for incited an offence? i could say to that guy jump from a bridge but that do not mean he would do it.. looks like my words can make a crime?

Expert:  Jo C. replied 3 years ago.
Yes, incitement is a crime.

Incitement requires quite a high mental element but the fact of the words could be enough to lead to an arrest.
Customer: replied 3 years ago.

well, thanks a lot for the help.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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