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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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Son arrested activity with a minor. Son aged 18

Customer Question

Son arrested for sexual activity with a minor. Son aged 18 - minor aged 15. Consensual sexual activity - not full intercourse. Girl _ met on instagram- met son and engaged in sexual activity. All seemed ok. Next day, girl then came to where son lives - she came freely - when son didn't want to have full sex she then accused him of various things and said she could ruin his life. Went to police but did not accuse him of rape because sexual intercourse hadn't happened but accused him of unwanted sexual acticity. We have lots of explicit secual texts between both parties and my son has acknowledged to the police he knew she was 15. She sent photographs, invited him into her home and it was consensual. Son is now terrified that he will be jailed. Police have asked him to return to station in weeks when presumably they will have made a decision about how to proceed. Don't know aht to expect - what should we do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
What would you like to know about this please?
Customer: replied 2 years ago.

What are the chances of going to Jail? What should we be doing now?

Expert:  Jo C. replied 2 years ago.
Well, in truth, they would be a lot less if he had accepted the offer of a solicitor who would have told him to make a no comment interview and then he would not be in a position where he had admitted the offence.
They might not prosecute him. There has been a policy for many years not to prosecute where the parties are of a similar age.
They could offer a caution. The disadvantage of that is that he will be added to the register.
If he is charged with some form of non consensual offence then he does have a defence to that as he says it was consensual. if convicted he could go to prison for that. It depends on the nature of the allegation.
He won't go to prison for consensual underage sex although it would be better if he were not prosecuted.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

He went with the police with the view to tell the truth. when you say he wont go to prison for consensual underage sex \re you taking into account that he is 18?

Customer: replied 2 years ago.

Ok - but when he went with the police he went with the view of telling the truth . When you say he may not be jailed are you taking into account his age e.g. 18 and the girl being 15? How much weight will texts be taken into account should he be charged - her texts are sexually explicit. Now, looking at the worst case scenario where he to be convicted of sexual acitivity with a minor - what would be worse case scenario? this is really weighting us all down.

Expert:  Jo C. replied 2 years ago.
Well, it depends whether he is charged with consensual underage sex to which he has no defence or non consensual matters to which he does.
We never go to the police with a view to tell the truth. We never lie. That is not ethical. But if we cannot truthfully deny something we make a no comment interview. There is never any point in admitting offences. All that has done is their job for them and caused him disadvantage.
Customer: replied 2 years ago.

Did not have clarification of what we should be doing now - did not have clarification as to what could happen - did not have clarification as to what police might regard as evidence from both parties.

Expert:  Jo C. replied 2 years ago.
Thank you.
You have left a negative rating. I would be happy to continue with this if that was a mistake.
Customer: replied 2 years ago.

ok given that my son admitted to have consensual sex with a 15 year old - sexual activity - not intercourse what are the chances he may face a sentence in a youth offenders institute ? What are the chances he could be placed on the sexual offenders list and would you advice - I knbow this cant be quoted - that I get a private investigator to get full knowledge of this girl because she has openly stated she has had previous boyfriends one of which was 19 years old.

Expert:  Jo C. replied 2 years ago.
./..
Expert:  Jo C. replied 2 years ago.
I covered your first two questions above.
No, he won't go to prison for the reasons above. That is, unless, of course, this turns into a non consensual offence as she alleges.
Yes, he will be added to the register for the reasons my first answer covered.
If you get a private investigator and he makes any contact then you are at risk of being charged with very serious offence for which you would go to prison on a first offence. You won't be able to use anything he discovers anyway so it is pointless. I'm not sure what you were hoping to uncover. The first that she was not a virgin is a non issue.
Customer: replied 2 years ago.

if he gets put on sexual offenders list - how long could this for? Re non consensual activity - what evidence will the prosecutor look for? She met my son - after lots of sexual text messages between both of them - police have messages - then son met her at 12 ,20am in her parents house - they had oral sex - him doing it to her - no full sex. Next day she took 5 buses to get his house and then when he didn;t want to have full intercourse she then said she ; would ruin his life' - will all this be considered ?

Expert:  Jo C. replied 2 years ago.
It depends what he is convicted of. If it is sex with a child probably five years.
if it is non consensual sex then that is rape and it will be for life. It depends what she is alleging.
If it is just sexual activity then probably five years.
He will almost certainly be charged on her evidence alone. That is the real reason the conviction rate is low. The Crown should learn a simple lesson which is that if you prosecute lots of innocent men on rubbish evidence the conviction rate will fall.
The fact that she has continued to make contact with him will be completely ignored. They will invent some nonsense about her being in shock as a result of his abuse or some other similar twaddle.
If she has actually reduced to writing a threat to ruin is his life then that would probably be considered. They may say that doesn't mean her complaint isn't true.
CPS are prosecuting everybody at the moment. That is why the conviction rate is falling. In fairness, it is better than it was six months ago and things are turning in the right direction but it is fair to say that lots of innocent people are regularly prosecuted for sexual offences.
The real question is whether he would be convicted or not and probably not as far as non consensual sex goes.
If he is 18 then they wouldn't normally have prosecuted him given that the age gap is not great and that may still happen. Up until about ten years ago they never used to prosecute boys of a similar age who had consensual sex. Recently they have been a bit more inconsistent upon the point which is why the right thing to do would have been to make a no comment interview and put in a prepared statement denying the non consensual allegations.

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