11 into 20 goes - but no jail for her (20 year old)
Discussion
The starting point for this offence is two years with a range of one to four years (for the least serious occurances).
The judge has gone below the sentencing guidelines, which is unusual, and reduced one year to six months. The suspended aspect isn't that unusual for the lowest-levels of seriousness.
For rape, the offender needs a penis. If not, it is the lesser offences of assault be penetration, sexual assault and sexual activity with a child would be considered.
Suspended sentences can be any custodial sentence from 14 days up to 2 years. She is on the sex offenders' register for 7 years which will have various conditions and restrictions.
The judge has gone below the sentencing guidelines, which is unusual, and reduced one year to six months. The suspended aspect isn't that unusual for the lowest-levels of seriousness.
otolith said:
La Liga said:
If it were the other way around it'd rape, so it's not a like for like comparison.
And if they were both male, or if the sexes were reversed without penetration?Foliage said:
So a jury found her guilty and the judge pretty much goes against that and give her a suspended sentence, what are the conditions of the probation usually?
It never went to trial. She pleaded guilty. Suspended sentences can be any custodial sentence from 14 days up to 2 years. She is on the sex offenders' register for 7 years which will have various conditions and restrictions.
otolith said:
La Liga said:
otolith said:
La Liga said:
If it were the other way around it'd rape, so it's not a like for like comparison.
And if they were both male, or if the sexes were reversed without penetration?AyBee said:
otolith said:
Another twenty year old Swindon paedophile abusing an 11 year old - this time, genders reversed, no physical contact, just sexting.
18 month suspended sentence.
http://www.mirror.co.uk/news/uk-news/not-particula...
So 18 months suspended for sexting vs 6 months suspended for 45 seconds of fun...seems fair...18 month suspended sentence.
http://www.mirror.co.uk/news/uk-news/not-particula...
With him being under 13 consent isn't legally relevant. There's no requirement to prove the absence of it. Between 13 and 18, and above, there may also not be a requirement depending on the offence offence.
Consent isn't relevant to the offence in any case, but it could well be to the sentencing. It's not so much the boy consented, it's more the absence of any aggravating factor like she got him drunk, deceived or threatened him or used force.
Consent isn't relevant to the offence in any case, but it could well be to the sentencing. It's not so much the boy consented, it's more the absence of any aggravating factor like she got him drunk, deceived or threatened him or used force.
thelawnet1 said:
For the specific act (penetrative sex), the guideline is actually 5 year's custody, with a range of 4 to 10 year's custody.
That presumes that this is a 'A' culpability offence', which would apply given
I didn't interpret the culpability as A, but I could be incorrect and it may be a more extreme deviation from the guidelines. That presumes that this is a 'A' culpability offence', which would apply given
xjay1337 said:
Because someone needed to point out how you sound like you're trying to get laid infront of a load of women. You have literally no idea, as it seems.
I mean I read up to "Women can't rape men" and instantly thought you are a complete TW@
Are you saying when men recognise gender inequality issues they are doing so to get laid? If so, that's an interesting view of the world. I mean I read up to "Women can't rape men" and instantly thought you are a complete TW@
I not sure what you mean when you highlight "women can't rape men", but that is true.
superlightr said:
Interesting angle. If the girl was 'simple' and thus had a mental age closer to the boy of 11 then to her true age then could the Father who had sex with her have sexually assalted her becasue she could not give informed/valid consent due to her 'simple' nature?
If not then why has her mental age been used to defend her from sexual assault on the boy of 11?
He said she was immature, not that she was lacking capacity or anything else which would render her unable to give consent to the father. If not then why has her mental age been used to defend her from sexual assault on the boy of 11?
superlightr said:
La Liga said:
superlightr said:
Interesting angle. If the girl was 'simple' and thus had a mental age closer to the boy of 11 then to her true age then could the Father who had sex with her have sexually assalted her becasue she could not give informed/valid consent due to her 'simple' nature?
If not then why has her mental age been used to defend her from sexual assault on the boy of 11?
He said she was immature, not that she was lacking capacity or anything else which would render her unable to give consent to the father. If not then why has her mental age been used to defend her from sexual assault on the boy of 11?
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