How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I am after some advice re my step son. He is just 18 and

This answer was rated:

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.
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 2 years 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?
Did he have sex with her when she was 13?
Customer: replied 2 years ago.
Yes he did.
Well, that is statutory rape I'm afraid.Therefore this isn't slander.Will she give evidence against him?
Customer: replied 2 years 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?
No, absolutely do not confess to anything. He very definitely will be prosecuted and he will go to prison for years not months.
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.
Unless, of course, she doesn't give evidence but if he confesses that doesn't matter.
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 2 years ago.
And if she is willing to give evidence?
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 2 years ago.
Ok so if she does not give evidence then there would be no case to prosecute?
Customer: replied 2 years ago.
Sorry I may not understand.
Yes, unless he confesses.
Unless she is going to say they had sex they won't prosecute. Otherwise it is just hearsay.
Customer: replied 2 years 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 2 years ago.
And finally if prosecution was to take place what would be the likely punishment and outcome?
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 2 years ago.
finally if prosecution was to take place what would be the likely punishment and outcome?
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 2 years ago.
But can this father in a years time do something and report it, does he have this hanging over him forever.
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 2 years ago.
Thank you very much for your help and advise.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.