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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Is there a difference between rape of under 16 yrs and rape

Customer Question

is there a difference between rape of under 16 yrs and rape of over 16 yrs if so could you tell me what thank you paul
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Can you explain your situation a little more?

Customer: replied 1 year ago.
this is what I sent to Cardiff crown court
on 3.4.09 and was sent to prison for 12yrs for rape of an over 16yr old case number ***** the problem is that my probation officer and ppu has it down as rape of a16yr old and under this is wrong and i would like it if you could put this back before the courts to have it put right if i need to pay any money i will. as you know differnce between the offences is a big thing i have told my probation and ppu that it is wrong and thay said that its my place to sort it out i have tried to get a soliciter but no one dose legal add any more and the cost is alot i was in front of judge ***** ***** if that will help there were 8 chargers but 3 were droped the ones that were left were rape 16yr 17yr 18 yr and 2 common assalts the ones that were droped were rape 13yrs 14yrs 15 yrs i hope this helps you reopen my files and put them before the courts to be changed and send my the paperwork so i can give it to the probation and ppu thank you i lookforward to reciveing an email from you paul
Customer: replied 1 year ago.
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Expert:  Jo C. replied 1 year ago.

Ok. What are you hoping to achieve?

Customer: replied 1 year ago.
I would like to have it put right because my probation officer say that it the same offence but I don't see how this can be
Expert:  Jo C. replied 1 year ago.

Well, if it is a rape then it is a rape. There is no particular distinction arising from the age of the complainant save for sentence.

Unless this is an offence charged on the basis of ostensible consent negated by age then it wouldn't make any difference to the law.

However, their records should be accurate.

Expert:  Jo C. replied 1 year ago.

That said, if they have recorded this as a 16 year old and she is over 16 slightly then that really matters not. It is the same offence and the same sentencing bracket.

Expert:  Jo C. replied 1 year ago.

Can I clarify anything for you?