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Scots law ‘grey area' may let men avoid teen rape charges
Scots law ‘grey area' may let men avoid teen rape charges

The Herald Scotland

time2 days ago

  • Politics
  • The Herald Scotland

Scots law ‘grey area' may let men avoid teen rape charges

Although the age of consent is 16, the peer said the law in England and Wales had created space where adult men groom and exploit children and then rely on this perceived consent to avoid the most serious charges. READ MORE: In response, Home Secretary Yvette Cooper told the House of Commons that the UK Government would change the law to ensure adults who engage in penetrative sex with anyone under 16 face a mandatory charge of rape. MSPs have now called for a similar move in Scotland, where the law also makes a distinction between children under 13—where consent is not a defence—and those aged 13 to 15. The Tories said failing to do so could lead to Scotland "becoming a safe haven for child abusers". Although sexual activity with anyone under 16 is illegal under the Sexual Offences (Scotland) Act 2009, decisions about whether to prosecute, and what offence to charge, are left to the discretion of prosecutors. Baroness Louise Casey said too many men were seeing their charges downgradedFactors such as age difference, relationship history, and evidence of coercion or grooming are all taken into account. In 2023, 70-year-old William Melville was jailed for five years for having sex with a teenager behind an Aldi in Glasgow city centre. Because the girl was 13, he was charged with having sex with an 'older child'. In countries including France or Sweden, Melville would automatically have been charged with rape. Sharon Dowey, the Scottish Conservative shadow minister for victims and community safety, told The Herald: 'The Casey Review revealed some cases which will have deeply troubled the public and parents, given the age of those involved. 'They will be worried that the same grey area in the law could still exist up here where those who have sexually abused teenagers are not properly punished. 'If the rules down south are changed in light of these harrowing cases, then the law must be tightened up in Scotland as well to avoid any possibility of us becoming a safe haven for child abusers.' READ MORE: In her National Audit on Group-Based Child Sexual Exploitation and Abuse, Baroness Casey said the "grey area" in the law was "largely aimed at avoiding criminalising someone who reasonably believed a child was older than they were or criminalising relationships between teenagers". However, she said this practice led to 'perverse outcomes'. 'We were told of one case involving a 15-year-old vulnerable child who had been sexually exploited by an older man who had used the 'boyfriend model' to groom her. 'Their relationship was well known to local services and the police who tried to disrupt it, but she was insistent she was in love with the older man and did not want to leave him or support a prosecution. 'Despite having substantial evidence that they were having sex, including images on both of their phones and hotel room bookings, the fact she was 'in love' with him, said she had consented and would not support the prosecution led to the case not making it to court." Baroness Casey said several years on, the girl—now an adult—realised she was a victim of child sexual exploitation, and had gone back to police to make allegations against the man. In 2021, France adopted legislation which characterised all sex with a child under the age of consent—15—as rape. Previously, prosecutors had been required to prove the act was non-consensual. The French Government introduced a 'Romeo and Juliet' clause allowing for sexual relations between a child and an individual up to five years older. Similarly, in Sweden, if a person has sex with someone under 15, it is legally defined as 'rape against a child' even if the child agreed at the time. In the Commons on Monday, Ms Cooper told MPs: 'We will change the law to ensure that adults who engage in penetrative sex with a child under 16 face the most serious charge of rape, and we will work closely with the Crown Prosecution Service and the police to ensure that there are safeguards for consensual teenage relationships.' A spokesperson for the Crown Office and Procurator Fiscal Service, Scotland's independent public prosecution service, said: 'The Crown Office and Procurator Fiscal Service will, alongside our partners, pursue and prosecute those who sexually exploit children. We continuously review our approach to prosecuting sexual offenders. 'As an independent prosecution service, COPFS apply existing law in Scotland and would contribute to appropriate discussion of legislative reform. 'There is a wide range of criminal conduct which can be considered as sexual offending. 'Prosecutors are committed to listening to children and using their experience and understanding of child sexual exploitation to build strong cases which reflect the behaviour of offenders. We consistently and successfully prosecute those who commit child abuse.' A Scottish Government spokesperson said: 'Child sexual abuse and exploitation has a devastating impact, which is why we are taking action to ensure that children are protected from harm. We have also established a national multi-agency Child Sexual Abuse and Exploitation Strategic Group, to consider all UK and Scottish work and make recommendations to Ministers accordingly. 'The independent Scottish Child Abuse Inquiry is undertaking an extensive review of child protection policy and practice in Scotland and will report with recommendations for further development in due course. "In the meantime, it is crucial to focus efforts and resource on working with partners across the system to support embedding and implementation of the National Child Protection Guidance and providing a trauma-informed response to victims.'

Charges filed against Utah man who allegedly messaged missing 15-year-old before her disappearance
Charges filed against Utah man who allegedly messaged missing 15-year-old before her disappearance

Yahoo

time31-05-2025

  • Health
  • Yahoo

Charges filed against Utah man who allegedly messaged missing 15-year-old before her disappearance

Charges are allegations only. All arrested persons are presumed innocent unless and until proven guilty beyond a reasonable doubt. SALT LAKE CITY (ABC4) — As police continue to search for , 15, a third man has been charged in connection with her disappearance, as he allegedly messaged her online before she went missing. Samuel Mitchell, 41, of Herriman, Utah, was charged in Salt Lake County with five counts of Sexual Exploitation of a Minor, a Second-Degree felony, and one count of enticement of a minor, a Class A misdemeanor. Mitchell was previously when police obtained a search warrant for his phone, and he was . PREVIOUSLY: Florida suspect in missing teen's disappearance self-surrenders, police arrest additional suspect According to charging documents, Mitchell was communicating with Alisa through online messaging app Discord. She reportedly told Mitchell that she was a minor, and their conversations were sexual in nature. Mitchell reportedly was planning to meet up with Alisa, but he cancelled due to illness. In addition to Alisa, Mitchell was allegedly communicating with another 15-year-old girl living in Utah. Police also reported that he had multiple files of child sexual abuse material (CSAM) in his possession, including photos and videos of the other 15-year-old girl and another 12-year-old girl. Utah prosecutors have requested that no bail warrant be issued for Mitchell, alleging that Mitchell would be 'a substantial danger to other people in the community,' including his victims and other minor children. PREVIOUSLY: Utah man, 41, messaged missing 15-year-old girl days before she disappeared: Documents have also been charged in connection with her disappearance. , 35, of Miami, Florida is facing six charges, including aggravated sexual exploitation of a minor, enticement of a minor, and criminal solicitation. He was Wednesday May 28 after he self-surrendered. William Glines, 37, of Texas City, Texas is , including attempted aggravated exploitation of a minor, sexual exploitation of a minor, enticement of a minor, and criminal solicitation. As of writing, he has not been arrested. Menard and Glines are both accused of communicating with Alisa through social media and encouraging her to send inappropriate photos and videos. Even after learning that the girl was underage, both men allegedly continued with the sexual conversations and asked the victim to send them inappropriate photos and videos. Utah prosecutors have requested that no bail arrest warrants be issued for both suspects. PREVIOUSLY: Men from Texas, Florida charged in connection to disappearance of 15-year-old Utah girl On , South Jordan Police stated that it will continue its efforts to locate Alisa and follow other leads. Anyone with information about the whereabouts of Alisa Petrov has been asked to call 801-840-4000 and reference South Jordan Case #SJ25-11568. Alisa Petrov, 15, was dropped off at school in American Fork, Utah, on April 21. Instead of going to school, family members said the teenager boarded a train toward Provo, Utah. Family members said nearby security footage shows the teenager walking away, and she hasn't been found since. She is said to be about 5'3″ tall and weigh about 122 pounds, with brown eyes and brown hair. She is listed as a runaway juvenile and is said to be endangered. According to the , Alisa was last seen wearing a grey Harvard University shirt, a black hoodie, baggy jeans, and a dark backpack. PREVIOUSLY: 'We love her a lot': Father of missing Utah girl speaks after 2 out-of-state men charged in connection to her disappearance It was later reported that she may have been trying to get to Las Vegas, and another tip revealed that she may have been communicating with a man in Texas. Officials in Texas City posted on social media on May 9 to ask for the public's help in the search for Alisa. As of May 16, Alisa's family was reporting that she still has not been found. South Jordan man apprehended after fleeing from traffic stop, shelter in place order lifted Cedar City man arrested for allegedly sending sexual photos to officer posing as 12-year-old Charges filed against Utah man who allegedly messaged missing 15-year-old before her disappearance Weber County School District considering tax increase Hill Air Force Base's Mazer Chapel reopens after 2 years of renovations Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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