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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70716
Experience:  Over 5 years in practice
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I am a team leader in a call centre. I have recently began

Resolved Question:

Hello, I am a team leader in a call centre. I have recently began seeing a member of staff (not in my team) who is 17 years old, we have engaged in a consensual sexual relationship. I am a 29 year old male. I have feelings for her and want to be with her. I know she is above the legal age of consent in the UK, but my question is...am I considered to be in a 'position of trust'? Having looked on your website it looks like I'm not as the positions are said to be: working in education, health care, young offenders and legal guardian? I do really like her, I just want to make sure I'm not breaking any laws. Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
No, you are not in a position requiring you to wait until she is 18 before she can legally consent to sex.You are in a position of trust from the point of view of an employment setting but that doesn't affect the age of consent. If she wants to pretend to be a victim then she could use that but it doesn't change the age of consent in any way.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thankyou Jo.
No she is not pretending to be a victim, we genuinely do have feelings for eachother. So from a legal stand point, I am not doing anything wrong?
Expert:  Jo C. replied 1 year ago.
Oh yes, but that does happen sometimes. I'm not saying she will but I'm afraid there are women who do fully and happily participate in relationships and then pretend to be victims when they can't have what they want.But no, you are perfectly free to have a consensual relationship with a 17 year old.
Customer: replied 1 year ago.
that makes a lot of sense, I will be careful just in case. So to clarify, positions of trust are things like: Legal guardians, teachers, doctors, people working in young offenders institutions etc? Not team leaders? Sorry for all the questions, it has just been playing on my mind recently.
Expert:  Jo C. replied 1 year ago.
You will find it herehttp://www.legislation.gov.uk/ukpga/2003/42/section/21there is some scope for employment to be covered but then you would have to look after her on a one to one basis.
Customer: replied 1 year ago.
I have looked at that before but if I'm being honest, I found it very confusing. At the end of the day I don't look after her on a one to one basis as she is not even in my team, ultimately my responsibility over her is extremely minimal, if any. As I have said, she is not in my team. So with that being said....are you confident that I am not breaking the Law by engaging in a sexual relationship with this girl?
Expert:  Jo C. replied 1 year ago.
No, it is just not a position of trust.The truth is that men are always vulnerable to these allegations. Even if there isn't an age issue, it is always open to a woman seeking revenge to allege rape. That does happen. It is a complete myth that there are very few false allegations. False allegations are widespread. But if you are confident that she is balanced and sensible and not the type of maniac to do that then what you are actually doing is not an offence.
Customer: replied 1 year ago.
That's helped put my mind at ease, Thankyou very much. I just wanted to clarify I wasn't doing anything illegal as it would break my heart to think I was as my intentions with this girl are completely innocent and true.
Customer: replied 1 year ago.
just to clarify once and for all, having heard my whole situation...do you conclude that I am not breaking any UK laws with this girl? I am sorry for the repeated questions, I just want closure on this issue once and for all. Thanks Jo.
Expert:  Jo C. replied 1 year ago.
as I've said, you are not breaking any laws unless she is going to lie through her teeth.
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