Back! 😞

[NandS]

I was on this forum when my partner was falsely accused of a historical sexual assault case. It did go to court but he was found not guilty. His name was still published in the paper which I feel is so wrong! But we’ve tried our best to move on.

Then two weeks ago, my brother was accused. A totally different situation. But he’s such a gentle soul and is really cut up about it and it just shows it can literally happen to anyone!

So basically when he was 16 (30 years ago and we are assuming he was 16 from what accuser has said as he can’t remember exactly when the party was) he was at a party at his friends house. There were 3 boys there and 2 girls.

Everyone was having a drink, there was sexual activity going on at the party between two of the boys and one of the girls. My brother began talking to the other girl and they ended up sleeping together. The girl was 13. She was already drunk, and agreed to have sex with him.

She has recently started to send him Facebook messages (and commenting on his status) saying he’s a pervert (and all other nasty things) as she was only 13 and he got her drunk to take advantage and pressured her into having sex with him and it’s ruined her life.

My brother is beside himself with worry. He was a child himself at the end of the day, and she admits it was consensual but is trying to say he coerced her into it.

Does anyone know what the legal standing would be here?

Thank you.

[Peter1975]

Hi N&S,

I would say welcome back but there is rarely a good reason to visit DM.

I'm afraid that the law may take a very dim view of this. No one under the age of 16 can legally consent to sex although if the complainant was over 13 at the time then it is at least not statutory rape.

The last time I looked, the home office guidelines state that there is no intention to prosecute consenting under 16's of a similar age so it may help if your brother was still 15 at the time.

What may complicate matters is the alcohol.

I strongly suggest that your brother is extremely careful with what he says or admits to on social media and to take screenshots as evidence of her admitting consent in case this goes any further and to have a chat with a good defence solicitor which may reassure him somewhat.

I am sure your brother will find some comfort and strength in your support. I will keep my fingers crossed that it blows over.

[NandS]

Hi N&S,

I would say welcome back but there is rarely a good reason to visit DM.

I'm afraid that the law may take a very dim view of this. No one under the age of 16 can legally consent to sex although if the complainant was over 13 at the time then it is at least not statutory rape.

The last time I looked, the home office guidelines state that there is no intention to prosecute consenting under 16's of a similar age so it may help if your brother was still 15 at the time.

What may complicate matters is the alcohol.

I strongly suggest that your brother is extremely careful with what he says or admits to on social media and to take screenshots as evidence of her admitting consent in case this goes any further and to have a chat with a good defence solicitor which may reassure him somewhat.

I am sure your brother will find some comfort and strength in your support. I will keep my fingers crossed that it blows over.

Thank you for this information And taking the time to respond. He really needs to try and find out when the party was and how old he was. He believes he was still at school. I’ve told him to keep a record of everything and hope that everything blows over.