devsonfire wrote...
I don't think the male will be charged on the offence of having sex with a minor, maybe on the drug use. Evidence shows that the male did ask about her age, and she lied about her age. Who the fuck would ask for an ID before having sex anyway?
OP:
Kitsune_no_Suki wrote...
They both were
not under the influence of any drug-related substances.
So he wouldn't get charged with that. Sorry. :/
It doesn't matter if evidence showed that the girl lied. She could've lied everyday about her age for the rest of infinity and the man would still be charged; it happens, pretty much, every day in the U.S., and people are arrested and charged for it every time they get found out. The "we know the girl was lying" thing, in U.S. courts anyway, would literally mean absolutely nothing; nothing incriminating the girl would change the charges. Even if the girl was at fault, and/or actually cared for the guy, it wouldn't matter; the precedent for statutory rape was already set, many years ago (in the U.S.) and could only be change would the case in question go to the Supreme Court (which, considering how many times this happens, is very unlikely).
The biggest hole in the case, as is with most cases of this kind, would be establishing of evidence. If there is no physical evidence showing that the defendant (the boy) had sexual intercourse with the victim (the girl), no matter how "sure" the parents feel (or if they know and just cant prove it), the case would immediately be dismissed by the writ of Habeus Corpus. The only evidence, would they not have DNA/video recording/what-have-you, would be witness testimony, the only witnesses being the victim, who could choose to remain silent (which is not Obstruction of Justice until she intentionally misleads the investigation), and the defendant, who could also practice their Fifth Amendment Right to protect themselves from self-incrimination.
The question of how it "should" be, or which is "right" is a moral topic, as opposed to a legal one, which what I said above is meaningless to.
The age of consent is, also, not only different country to country, but in the U.S., changes every state to state (but ALMOST all of them are 18 years of age).
All the above only applies to the U.S., though; I know bollocks to nothing about every other countries precedents.