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View Diary: Judge calls a 13-year-old "predatory" after she was raped by a 41 year-old. (278 comments)

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    There is confusion about the "age of consent."  Generally, in the US anyway, the age of consent is the age at which a victim is deemed to be unable to give consent.  In England, that age is 12.

    Thus, sex with a 13 year-old is not rape if the victim consents.  Instead, the crime is sexual activity with a child.

    According to the Mail,

    The girl, who was dressed in her school uniform, asked if she could change out of it and Wilson left the room. When he returned she had undressed and was sat wearing a T-shirt.

    Wilson claims he asked her to put her clothes on, but she started kissing him before touching his genitals. He said he pushed her away and told her he did not want to see her any more. At no point did they have sex.

    Legally, it isn't rape because she was 13 and consenting;  in addition, it isn't rape because there wasn't penetration of the vagina, anus or mouth.

    Also, the Mail article does not say that the defendant took pictures of her.  The pictures were described as "surreptitiously taken photographs of children in play areas or other safe environments showing either underwear or varying degrees of nakedness."

    So, he's a very creepy sexual offender but not actually a rapist under English law (or at least not a convicted one).

    "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

    by Old Left Good Left on Sun Nov 24, 2013 at 05:32:50 PM PST

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