Bluemanc100
Well-Known Member
Consent was present in this girl’s case so how can the poster consider it rape??It’s not rape to have sex with a fifteen year old when consent is present, but it’s 100% the offence of sexual activity with a child, irrespective of the presence of consent. It’s only if the victim is under 13 does it automatically become rape via a necessary legal fiction because legally someone of that age is deemed incapable of giving consent.
Sexual activity with a child is the offence Adam Johnson was convicted of for fingering a 15 year old (with consent) and it carries a maximum sentence of fourteen years imprisonment.
So what Cheshire Police told them about rape is correct, but based on what you’ve described a very serious offence has been committed, and there is no good reason why the 20 year old wasn’t arrested on suspicion of that offence. Difficult to imagine Cheshire Old Bill not being aware of that. Seems like a bizarre exchange tbh.
In our niece’s case it wasn’t rape either but it was (as far as I’m concerned) illegal and if the parents wanted to have the lad charged (they did) then it makes a mockery of the age of consent / law