Missing girl 15, runs off with Maths teacher.

Uther · 28 Sep 2012 at 21:46

What happens if they say they didn't 'do' anything? Or if they did, they did it in France where she is legal?
All they could get him on then would be abduction surely, and he didn't exactly take her against her will!

KatanaDV20 · 28 Sep 2012 at 22:00

Annoying how this is headline news, its even placed above the dreadful air crash in Nepal.

RIP

atpbx · 28 Sep 2012 at 22:03

Uther said:
What happens if they say they didn't 'do' anything? Or if they did, they did it in France where she is legal?
All they could get him on then would be abduction surely, and he didn't exactly take her against her will!

Against her will is Irrelevant, plus she is a UK national not french.

As she IS legally a child, he will be prosecuted for abduction, statutory rape of a minor if they have had sex, plus abusing a position of trust.

He won't be out till his 50's.

Raymond Lin · 28 Sep 2012 at 22:05

^^^ Pretty much.

Things would be totally different if they waited until she is 16. They would have got what they wanted.

FoxEye · 28 Sep 2012 at 22:08

atpbx said:
Against her will is Irrelevant, plus she is a UK national not french.

As she IS legally a child, he will be prosecuted for abduction, statutory rape of a minor if they have had sex, plus abusing a position of trust.

He won't be out till his 50's.

I hope not, that would be a joke. People serve less time for manslaughter.

We laugh at the US for having a *** legal system, but this would be just as bad.

Amp34 · 28 Sep 2012 at 22:08

So if I went to California and smoked weed when I came back to the UK I could be fined and possibly imprisoned for doing something in the US? Really...?

Richie · 28 Sep 2012 at 22:14

atpbx said:
As she IS legally a child, he will be prosecuted for abduction, statutory rape of a minor if they have had sex, plus abusing a position of trust.

Not totally correct.

It's already been covered in the thread.

Crimes committed = child abduction (crime is complete already)
Crime possible - Sexual Activity with a Child (section 9 SOA 2003) and Abuse of a position of trust (section 16 SOA 2003)

Also, it does not matter where the crime happened or the laws of the country it happened in. If the offender is a UK resident then he is treated as if the offence happened within the UK. This was brought in to stop people going to other countries e.g. Philippines and doing what they wanted due to their local laws.

This "statutory rape" thing that keeps getting flung about on these boards is just not correct. Statutory rape can only happen if the child is 12 and under, not under 16. 13-15 = Sexual Activity with a Child NOT Statutory Rape....

Richie · 28 Sep 2012 at 22:17

Amp34 said:
So if I went to California and smoked weed when I came back to the UK I could be fined and possibly imprisoned for doing something in the US? Really...?

No. It is not a blanket law.

There is a specific part of the SOA 2003 that enables the prosecution of people from the UK if they committed an offence in contravention of SOA 2003 within another country as if they had committed it within the UK.

s.72 SOA 2003 - http://www.legislation.gov.uk/ukpga/2003/42/section/72

Raymond Lin · 28 Sep 2012 at 22:17

^^^ I am talking about if this never took place at all, as in not touched a hair on her until she is 16 (and out of school).

What would they charge him with then?

That's what I meant by waiting until she is 16.

Energize · 28 Sep 2012 at 22:19

FoxEye said:
Therefore, being thrown in the slammer for having relations with a 15.999 year old would be a hard thing to accept, when in France or Germany she'd have been legal for several years?

She wouldn't have been legal. As I said in my post, France and Germany have abuse of trust laws too, to protect children from exploitation by adults in positions of power. Maybe there would even be an issue of abduction there also. Sure there's differing opinions as to the exact ages that should be allowed, but this situation is clearly unethical.

Richie · 28 Sep 2012 at 22:22

Raymond Lin said:
^^^ I am talking about if this never took place at all, as in not touched a hair on her until she is 16 (and out of school).

What would they charge him with then?

If she was 16 at the time then the charge would be abuse of a position of trust (s.16) IF there was a sexual relationship. There would be no abduction charges

RDM · 28 Sep 2012 at 22:22

atpbx said:
As she IS legally a child, he will be prosecuted for abduction, statutory rape of a minor if they have had sex, plus abusing a position of trust.

It isn't "statutory rape" (which doesn't actually exist in UK law), for it to be automatically classed as rape the child needs to be 12 or younger.

Raymond Lin · 28 Sep 2012 at 22:23

Richie said:
If she was 16 at the time then the charge would be abuse of a position of trust (s.16) IF there was a sexual relationship. There would be no abduction charges

Abuse of trust? even when she is not in school?

FoxEye · 28 Sep 2012 at 22:25

Energize said:
She wouldn't have been legal. As I said in my post, France and Germany have abuse of trust laws too, to protect children from exploitation by adults in positions of power. Maybe there would even be an issue of abduction there also. Sure there's differing opinions as to the exact ages that should be allowed, but this situation is clearly unethical.

If we're going to imprison people for being unethical, we're going to have to lock up all the politicians and bankers and... just about everyone, really!

Richie · 28 Sep 2012 at 22:28

Raymond Lin said:
Abuse of trust? even when she is not in school?

missed the bit she had left school

So no, if she had left school, charges = none

Raumarik · 28 Sep 2012 at 22:41

Raymond Lin said:
Abuse of trust? even when she is not in school?

I was under the impression that she attends the school this teacher taught at?

Energize · 28 Sep 2012 at 22:41

FoxEye said:
If we're going to imprison people for being unethical, we're going to have to lock up all the politicians and bankers and... just about everyone, really!

Law is centered around the principles of ethics, it's what determines whether something should be illegal or not, and often in the UK, mass public hysteria.

Raymond Lin · 28 Sep 2012 at 22:41

Halfmad said:
I was under the impression that she attends the school this teacher taught at?

You missed the bit about waiting ?

Kenai · 29 Sep 2012 at 09:35

bam0 said:
Really? You didn't read that in his post? Maybe I'm just colouring it with what I expect based on his general posting.

No, not even slightly, he was making a joke about fancying his neighbour and whether prison would be worth it, not advocating anal rape of inmates :confused:

kinetic747 · 29 Sep 2012 at 10:17

atpbx said:
Against her will is Irrelevant, plus she is a UK national not french.

As she IS legally a child, he will be prosecuted for abduction, statutory rape of a minor if they have had sex, plus abusing a position of trust.

He won't be out till his 50's.

A teacher at my daughters school was jailed for 6 years for having sex with 3 pupils, he was out in a little over 2 so I'll be surprised if he gets more than that.