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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I am after some advice re my step son. He is just 18 and

Customer Question

Hi,
I am after some advice re my step son. He is just 18 and 10 months ago when he was 17 started a relationship with a 13 year old girl. He was seeing her for 4 months. Over time they started to have a sexual relationship. We told him it was wrong and eventually he realised and ended the relationship with her. Her mum knows about the sex and although not happy understands it was consented and they grew too close. She is happy they have both moved on and it's ended as are we. However, her father with whom she does not have a relationship with and does not see found out and started writing all over facebook for all to see that my stepson is going to prison he is going to report him and he is a rapist. This is the most awful thing to say and we even though it has been over 6 months since it ended and was discovered he is still writing these things and threatening my step son with action. The girl would never want this and completely admits it was not pressurised and they were in a relationship. I just wanted to know where the law stood on this situation as we can not handle the threats and would rather get this all clear with police ourselves so we can put it behind us and move on, we also do not feel it is right for this man to be slandering our son in this way and affecting his reputation, he knows it was a mistake but needs to move on now, please help.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
I would like to firstly know the likely outcome if he was to report it or if we were to report it ourselves as we do not want it hanging over our son. Secondly is there anything we can do about this mans constant slander and calling it rape?
Expert:  Jo C. replied 1 year ago.
Did he have sex with her when she was 13?
Customer: replied 1 year ago.
Yes he did.
Expert:  Jo C. replied 1 year ago.
Well, that is statutory rape I'm afraid.Therefore this isn't slander.Will she give evidence against him?
Customer: replied 1 year ago.
She will not give evidence against him. We hoped we could deal with it now and get our son to confess to what happened. We have read on various sites as she was 13 and he was under 18 that it is not normally prosecuted is this not the case?
Expert:  Jo C. replied 1 year ago.
No, absolutely do not confess to anything. He very definitely will be prosecuted and he will go to prison for years not months.
Expert:  Jo C. replied 1 year ago.
It would be different if he was 17 and she was 15. She was 13 and he was 17. The age gap is too great and she was too young. He would be prosecuted.
Expert:  Jo C. replied 1 year ago.
Unless, of course, she doesn't give evidence but if he confesses that doesn't matter.
Expert:  Jo C. replied 1 year ago.
It seems to me that whatever he is doing, unless she is co operative and willing to give evidence it is going nowhere fast.
Customer: replied 1 year ago.
And if she is willing to give evidence?
Expert:  Jo C. replied 1 year ago.
Then there is a problem.
He can't deny the offence.
Then it really comes down to her willingness to give evidence. Truth is that whether 13 year olds give evidence is the choice of the parent with care really. If the father complains the police probably would speak to her. If she isn't willing to make a report then it is game over.
Customer: replied 1 year ago.
Ok so if she does not give evidence then there would be no case to prosecute?
Customer: replied 1 year ago.
Sorry I may not understand.
Expert:  Jo C. replied 1 year ago.
Yes, unless he confesses.
Unless she is going to say they had sex they won't prosecute. Otherwise it is just hearsay.
Customer: replied 1 year ago.
Ok thank you. If they both denied it but her father has text messages from when it came out of my son saying sorry and they did have sex would they prosecute from that?
Customer: replied 1 year ago.
And finally if prosecution was to take place what would be the likely punishment and outcome?
Expert:  Jo C. replied 1 year ago.
They could Im afraid. They are a bit militant with sexual offences at the moment.
But it might be possible to put them to proof on whether it was his phone or her phone. Pay as you go phones don't identify the subscriber.
Customer: replied 1 year ago.
finally if prosecution was to take place what would be the likely punishment and outcome?
Expert:  Jo C. replied 1 year ago.
I wouldn't focus on that. The penalties are ridiculous for the wrongdoing.
I'm afraid several years custody is a very real prospect.
Concentrate upon getting off.
I have seen a 16 year old get a suspended sentence once for having sex with a 13 year old but you can't rely on that.
Customer: replied 1 year ago.
But can this father in a years time do something and report it, does he have this hanging over him forever.
Expert:  Jo C. replied 1 year ago.
Yes, he could. It is an either way offence so there are no time limits.
Obviously though the evidence from the texts will be lost after time.
Also, I think that common sense will break out soon and we might stop this witch hunt. Sexual offences will always be prosecuted but there is going to come a time when we are going to stop prosecuting the nonsense that we currently do.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your help and advise.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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