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Involuntary statutory rape through deception..

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  • 27-12-2019 10:57pm
    #1
    mr_fegelien
    Banned (with Prison Access) Posts: 1,483 ✭✭✭


    What are the laws on this? I've heard too many males in the UK and US go to an over-18s nightclub, meet a fine looking mature woman, go back for drinks and sex or a short relationship. Eventually the woman decides to blackmail the adult man and he finds out she's below the age of consent or the parents find out about the male and he's convicted and locked up.

    Surely, is there not protection for a man in this scenario? Are you expected ask for ID before sex or what?

    Sounds ridiculous but there are some 13-16yr old girls that would pass for women in their 20s so how is the man supposed to know the age?


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    #2
    howamidifferent
    Registered Users Posts: 1,817 ✭✭✭howamidifferent


    Ask?


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    #3
    frag420
    Registered Users Posts: 6,158 ✭✭✭frag420


    howamidifferent wrote: »
    Ask?

    If they would lie to get into a club what makes you think they would be honest when asked by a bloke?


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    #4
    KWAG2019
    Closed Accounts Posts: 834 ✭✭✭KWAG2019


    Fegelein, Fegelein, Fegelein.
    Crescendo into Fortissimo.


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    #5
    sydthebeat
    Subscribers Posts: 41,123 ✭✭✭✭sydthebeat


    Scraping the bottom of the barrel now....


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    #6
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    I'm open to correction but I believe the law used to be one of strict liability and was struck down for being unconstitutional. Therefore there are now defences to statutory rape - again very much open to correction.


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    #7
    Dublinensis
    Registered Users Posts: 63 ✭✭Dublinensis


    It used to be that persons accused of statutory rape (now more properly known as “defilement of a child”) could not escape conviction by claiming that they were mistaken as to the victim’s age.

    A successful constitutional challenge was brought against this in 2006 in the case of CC v Ireland, as a consequence of which the law was amended to allow for a defence of honest mistake as to age.

    In 2017, the law was further amended to make it more difficult for accused persons to avail of this defence by requiring that the mistake be reasonable. In assessing whether the accused was reasonably mistaken, a court must consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the relevant age.

    An accused person who wishes to claim that he was reasonably mistaken as to age must prove this claim on the balance of probabilities to escape conviction.

    The current legislation governing this area can be viewed here.


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