• Best of luck to the class of 2024 for their HSC exams. You got this!
    Let us know your thoughts on the HSC exams here
  • YOU can help the next generation of students in the community!
    Share your trial papers and notes on our Notes & Resources page
MedVision ad

Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year old? (1 Viewer)

prichardson

Kim Jong-Il
Joined
Aug 7, 2007
Messages
161
Location
The Shire
Gender
Male
HSC
2008
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

Bacilli said:
zzzzzzz
come on?
put some effort in, son
Okay- you are to totally ignorant fuckwit whom has no idea about the legal proceedings the country you are currently living in.

Wake up.
 

Princess Hollyx

New Member
Joined
May 1, 2007
Messages
12
Gender
Female
HSC
2008
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

No. Unless there was mandatory minimum sentancing, the actual punishment would be up to the judge, who would take into account aggravating and mitigating circumstances

(sorry if someone already said this I didn't read the whole thread)
Bacilli said:
touchy subject, depends on the cop i suppose
Depends on the cop?

:S

Errr
 

neo o

it's coming to me...
Joined
Aug 16, 2002
Messages
3,294
Gender
Male
HSC
2004
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

Oh noes, the Mongols are invading the law forum!
 

Wassup?

Banned
Joined
Jul 31, 2008
Messages
286
Gender
Male
HSC
2008
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

neo o said:
Oh noes, the Mongols are invading the law forum!
So...What's the answer?
 

hfis

Dyslexic Fish
Joined
Aug 5, 2004
Messages
876
Location
Not China
Gender
Undisclosed
HSC
N/A
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

In NSW, the age of consent is 16.

There is no 'two-year leeway'.

The maximum sentence for the crime is (from memory) 14 years, and this is regardless of the age difference.

The judge has discretion in their sentencing, and in passing sentence will take into a range of mitigating and aggravating factors. The age difference is likely to be of issue here, as is any position of authority held by the older party. Victim Impact Statements and the like are also considered.

As a result, in theory there would be no difference, as it is the same crime. In practice, the circumstances of the case would more than likely skew things against the 50 year old.

This has been stated numerous times in the thread, and I do not think a more complete answer can be given than what already has.
 

HNAKXR

Wooooooo...OOOoOOOOoOOoP!
Joined
May 18, 2007
Messages
296
Location
safe
Gender
Male
HSC
N/A
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

Jailbait?
 

Bacilli

Hypocritical gump
Joined
Mar 25, 2007
Messages
1,157
Gender
Undisclosed
HSC
N/A
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

prichardson said:
Okay- you are to totally ignorant fuckwit whom has no idea about the legal proceedings the country you are currently living in.

Wake up.
lozl asians

zzzzzzzzz
 

prichardson

Kim Jong-Il
Joined
Aug 7, 2007
Messages
161
Location
The Shire
Gender
Male
HSC
2008
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

Bacilli said:
lozl asians

zzzzzzzzz
...what are you on?

There really isn't a great deal more I can say :confused:
 

katie tully

ashleey luvs roosters
Joined
Jun 15, 2008
Messages
5,213
Location
My wrist is limp
Gender
Female
HSC
2005
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

Queenslanders and Mexicans?
Lions and tigers and bears, oh my!
 

incentivation

Hmmmmm....
Joined
Jan 15, 2008
Messages
558
Location
Inner West
Gender
Male
HSC
N/A
katie tully said:
the only input the cop has is to arrest them and maybe charge them, but once they're charged it goes to a prosecutor, and man i seriously don't think there are many prosecutors who would make a case against two 15 year olds
You left out a little element called investigation. Although arrest and charge are often synonomous, it is indeed the investigation which forms the foundation (particularly for SIO such as sexual assault). Unfortunately, without investigation, there certainly would be no brief to be forwarded to the DPP. Once forwarded to the DPP, a determination will made with respect to the guidelines bounding the decision to prosecute, namely whether it would be in the public interest. (www.odpp.nsw.gov.au contains all the information about what is considered to be 'in the public interest)
 

neo o

it's coming to me...
Joined
Aug 16, 2002
Messages
3,294
Gender
Male
HSC
2004
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

neo o said:
Oh noes, the Mongols are invading the law forum!
...
 

Bacilli

Hypocritical gump
Joined
Mar 25, 2007
Messages
1,157
Gender
Undisclosed
HSC
N/A
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

lozl
 

Brettman

New Member
Joined
May 13, 2009
Messages
14
Gender
Male
HSC
2009
Re: Would a 17 year old sleeping with a 15 year old be charged the same as a 50 year

They wouldnt be charged the same, for the same crime maybe. But the judge when sentencing will have discretion and wont hand down the same sentence
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top