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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My brother had with his girl friend 2 years ago. At that

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My brother had sex with his girl friend 2 years ago. At that time she was 13 but she said to him that she is 14 and my brother was 15 at that time. Now she report to police for sexuall asualt. I wanted to know what going to happen now. Because police called him for interview. What shall we do?

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

Has he finished with now?

is she saying it was non consensual sex?
Customer: replied 4 years ago.

It was actually around in 2008-2009 and they were finished in 2009

Now he is 21 and still dont know her age . There was no proper contact between them after that except facebook friend which she added him again.

But no contact at all since last one year.

The police said she made alligations that she was too young and non concensual sex


If he was 15 and she was 13 then its quite unlikely that they will prosecute him if the only allegation is that she did give actual consent but was not able to consent in law because of her age. The police have had a long standing policy not to prosecute boys of a similar age for having consensual sex with their underage girlfriends.

If she is making allegations that he acted without her consent then that is different though. He will have to go into answer questions about this. if he does not come in voluntarily then they will only come and arrest him.

Obviously that will come down to which of them are believed. I suspect that the spate of recent acquittals have probably taught Crown prosecutors something about the merits of prosecuting stale offences and also I think the reasonable person who hasn't been brainwashed with lots of PC nonsense on this point would think its rather strange that a genuine victim would add her rapist as a Facebook friend. Whatever twaddle you read in the media, jurors are very sensible upon this type of topic and regularly reject untrue allegations.

Can I clarify anything for you?

Customer: replied 4 years ago.

There is another problem that he cant remember that was he still with her by the time when he turned 16. And he is thinking that they might try to prove that she was under 13 for which he read that there is life time inprisonment. But it was all willingly sex from both parties and she didnt tell him her age or maybe lied that she was 14 when she wasnt

If she was under 13 then he does have problems I'm afraid.

There is life imprisonment but he won't get life. Although the sentences are unattractive.

If she was under 13 then it doesn't matter whether she agreed or not or lied about her age I'm afraid.
Customer: replied 4 years ago.

What do you suggest in both cases that she was under 13 and over and what are the chances that they can prove if she was under 13

Well, it depends on whether she is believed.

All she can do is give evidence upon the point of her age. I suppose he cannot deny it so its a case of putting them to proof on the point.

Either way he will have to go in for interview. If he cant deny the offence then he should be making a no comment interview.

Do not refuse the solicitor that he will be offered in police custody.
Customer: replied 4 years ago.

Last thing is he going to jail for that or its going to be tagged in foot. If its jail how long is it gonna or would there be panelty or compensation.

Lastly if he is charged and given any sentence would that sentence will be based on his that age i.e. 15-16 or current age i.e. 21

If he is convicted of sex with a person under 13 then he is going to prison for probably 5-8 years I'm afraid.

He will be sentenced as an adult although with the mitigation that the offences were committed as a youth.
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