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How does a suspect not get charged with raping/impregnating a minor?

 
 
Mon 5 Sep, 2022 01:54 am
I recently got into a new relationship around a month or so ago and due to our 7 hour travel distance we haven’t had time alone yet, we’re in the UK she’s 17 and I’m 22.

She told me the other day about her being raped when she was 15 by one of her friends dad’s who must have been in his early 30’s or so, she was at her friends house waiting for her to return when her friends dad walked in and I presume it was a few minutes later he proceeded to rape her.

It was her first sexual encounter and it lead to her being pregnant. I’m hoping somebody might be able to explain the law’s around this of how the suspect raped and impregnated a child yet the police said they could not find sufficient evidence?

Wouldn’t her medical record of the pregnancy etc be a huge piece of that on it’s own? I understand convictions for rape are at an incredibly small percentage but when a minor is involved you would think the police would act with a bit more determination?

Unfortunately many of these types of predators end up with lenient sentences and I just find the criminal system as a whole to be a complete joke…

I just don’t understand how something like that can happen with no repercussions and it has definitely affected her emotionally/mentally.
 
jespah
 
  5  
Mon 5 Sep, 2022 07:14 am
@PartnerOfVictim,
First off, I am really sorry this happened. It's awful.

I can't tell you UK law but I can conjecture about American law (I am a retired lawyer but haven't done any criminal work since 1985).

I would guess that there was no good DNA evidence. If there was a baby born, has there been a paternity test? That would place the perpetrator there.

If there's no paternity test, and there was an abortion or a child was adopted, then it's harder to put the perp at the scene.

But all that goes to proof. It doesn't go to the question of whether the guy could be arrested and charged, both of which are lower standards of proof.

Plus she is still a minor. It is 100% proven that the pregnancy was the result of a male having sex with a minor.

I don't know what your statutory rape and consent laws are, but in a lot of the US, a difference of 4 years plus either partner being a minor equals statutory rape, regardless of consent.

If the guy wasn't convicted, then that's one thing. But to never charge him with the crime?

Either your girlfriend was 100% uncooperative (which can be due to trauma), there was no good DNA evidence, the cops are incompetent, and/or money changed hands.

I highly doubt that the Statute of Limitations has run (if there even is one). She could, potentially, have charges brought now, or sue him in civil court for battery. If there's a child who she's raising, she can push for a paternity test and for child support.

But this all requires her cooperation, her mental energy, and her willingness to go forward.

Note: I am a lawyer, but I am not your lawyer. If you or she want to see this through, then consult a solicitor who specializes in underage rape cases.
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