indecent assault vs sexual assault

[ThePonderer]

Hi
I have a question. I have been accused of rape - although I haven't been arrested or charged. I've been to the interview and since being on pre-charge bail I've read up on the law.
Ok - so it was historical and the girl is alleged to have been under 16. I don't believe that to be the case cos of the dates and 'sexual intercourse' never took place, only a BJ. Anyhow, I know this;
It's the 1956 act so consensual sex (she hasn't suggested it was anything other than consensual) with a girl under 16 would be classed as 'unlawful sexual intercourse' (Section 6), not rape which has a time limit of 12 months, so even if she was right it couldn't be put through in court anyway - and it can't be replaced with a indecent assault charge due to a 2001 ruling by the house of lords.
The BJ bit could be taken through to court, as an indecent assualt but as I had a genuinely honest belief about her being 16 (and it's up to the prosecution to prove that I didn't have that honest belief - according to the documents, the belief does not have to be reasonable, although of course this helps!). This differs to the 2003 act as it was re-named sexual assault, you have to have an honest AND reasonable belief, which is different.
My question is....how likely is it the CPS charge me, do you think?
This is obviously very upsetting and the time waiting for a decision is doing my head in.

[Rights Fighter]

How old were you when you indulged in sexual activities with this younger girl? That may have something to do with it.

These days a BJ without consent is construed as rape.

[ThePonderer]

I was in my late 20's and we went on to have a relationship for some years afterwards so it wasn't like advantage taking. I noted the section in the CPS advice to prosecutors; The age of the defendant will be highly relevant. Even if the defendant is over 24, a prosecution may not be in the public interest if he had reasonable cause for believing that the girl was over 16. She was 16 when this occurred although, although she is claiming otherwise. There is literally a couple of weeks difference as she was close to 16 on the dates she claims it happened.

[ThePonderer]

The BJ was totally consented to!

[ThePonderer]

What do you reckon Rights Feighter?

[YearsOfHell]

Quite often it comes down to he says/she says.
She says it was before, you say she was sixteen.
The only answer we can give is that we don't know how it will pan out!
Find as much info as you can that may help support your version of events.
Specific dates that are significant.
Try looking at what music was around at the time as that can spark memories.
Also birthdays, anniversaries anything that may pinpoint the actual start of the relationship.
Keep this information for your defence if it's needed.
Dont give it to the police!
It will get twisted, worked around or even lost!!
Remember, this may not go anywhere so as always, prepare for the worst but hope for the best!!
YoH

[ThePonderer]

Quite often it comes down to he says/she says.
She says it was before, you say she was sixteen.
The only answer we can give is that we don't know how it will pan out!
Find as much info as you can that may help support your version of events.
Specific dates that are significant.
Try looking at what music was around at the time as that can spark memories.
Also birthdays, anniversaries anything that may pinpoint the actual start of the relationship.
Keep this information for your defence if it's needed.
Dont give it to the police!
It will get twisted, worked around or even lost!!
Remember, this may not go anywhere so as always, prepare for the worst but hope for the best!!
YoH

Hey Years - thanks for the reply and the advice.

I think what I am trying to establish a clear idea about is a point of law; in the 1956 act a belief of age has to be honestly held, not reasonably held. It is up to the prosecution to disprove this belief in the defendant. The sexual contact still has to be consensual or the principle does not apply; i.e. that consent was there in fact (i.e. s/he was willing) but not in law (as below the age of 16 you cannot give consent). I don't think it will hang on whether she was 16, but that I had an honest belief that she was 16, if her barrister successfully argues that the incident took place on the dates that she suggests. I can prove I had an honest and in fact reasonable belief.
I know you can't tell me how it would pan out, but I was wondering if your self or anyone else had any knowledge of cases like this being charged where it came down to this point of law.
And thanks, yeah I have loads of stuff.
Cheers!



It is the same with consent in the classic sense

I think what the FA will come down to is this point;

[Casehardened]

[It seems that you have researched this aspect of law very well and this will undoubtedly stand you in good stead should your case go further. What is also useful is that through the medium of this forum your research could benefit other members who might find themselves in similar situations.

AFAIK no members, apart from RF, have any formal legal qualifications so it isn't really possible for anyone here to positively confirm your conclusions, however through your research you could possibly assist other members (in the same way as another member has become the acknowledged forum 'expert' on the principle of 'doli incapax')]

[ThePonderer]

[It seems that you have researched this aspect of law very well and this will undoubtedly stand you in good stead should your case go further. What is also useful is that through the medium of this forum your research could benefit other members who might find themselves in similar situations.

AFAIK no members, apart from RF, have any formal legal qualifications so it isn't really possible for anyone here to positively confirm your conclusions, however through your research you could possibly assist other members (in the same way as another member has become the acknowledged forum 'expert' on the principle of 'doli incapax')]

Hi CH - in relation to those specific points i.e. allegations of rape vs unlawful sexual intercourse and age/consent related indecent assault in the 1956 act (i.e. before April 2004 when the 2003 SO act came into force), I might be able to be of some use - although obviously none of what I say could be construed as advice or from any professional standpoint. I'll write a post on it and if people want to contact me they can, but I could not swear to confidentiality if someone admitted to me they were truly guilty of a rape for example; I would have to report it as any good citizen would, even if I find myself in the position I currently do, (i.e. accused).

[Casehardened]

Hi CH - in relation to those specific points i.e. allegations of rape vs unlawful sexual intercourse and age/consent related indecent assault in the 1956 act (i.e. before April 2004 when the 2003 SO act came into force), I might be able to be of some use - although obviously none of what I say could be construed as advice or from any professional standpoint. I'll write a post on it and if people want to contact me they can, but I could not swear to confidentiality if someone admitted to me they were truly guilty of a rape for example; I would have to report it as any good citizen would, even if I find myself in the position I currently do, (i.e. accused).

That's great; I'll then sticky it in the 'Useful Information' section of the forum....the sub-heading there states 'for information only'!

[ThePonderer]

Argh! Just spend about 2 hours putting a post together and it's not submitting - seems to have been lost - it might come through as the window I have sent it from is blank screening.

[Casehardened]

Argh! Just spend about 2 hours putting a post together and it's not submitting - seems to have been lost - it might come through as the window I have sent it from is blank screening.

Yes, that's happened to me though it's been better since the autosave feature has been added. Write up in Word then copy & paste...

[terrifieddad]

Sorry wrong thread