Should it be illegal if you have sex with an underage girl you meet in an 18+ club

[retterkl]

I was reading some of the 'is it rape if they're really drunk but consenting' thread and it reminded me of this that I was thinking about a while ago.

Basically you meet a 16 year old girl (or in the UK I guess 15) in a nightclub which is over 18s and they check the ID at the door. If you hit it off with this girl, end up having sex with her, should this be counted as an act of pedophilia?

(we're assuming that she never told you her age and you never asked because you assumed she was 18+)

The law would say that this is illegal but do you think it should be?

Personally I think that any punishment should be thrown onto the nightclub that let the underage girl in. What do you think?

 

[Radelaide]

I'm not entirely sure what part of "Even though she somehow managed to get into a nightclub, she's still underage" you're not getting. That vag is too young no matter where she is dude. Don't try to justify it.

 

[Gigano]

If you positively know - or have reason to suspect - that a potential partner is under the age of consent, then yes, it should be illegal. Minors do stupid shit like sneaking into adult clubs, but since they're not adults of legal age and mental maturity, it cannot be held against them the same way it can an adult.

If you didn't know, and had no reason to suspect, then there is neither intent nor gross negligence, and thus most legal systems would not convict, as the subjective criteria is not fulfilled.

 

[Arcticflame]

Opens a can of worms is the problem, it's harsh yes, but the problem is that it would legitimise in part underage consent, an opt out isn't an acceptable part of maintaining a law.
The law kind of has to be exact, and unfair in it's exactness.

 

[Dys]

My understanding is that if you believe your partner is either of consenting age (implicitly this means that there is no reason to assume they are underage) or married to you then it isn't a prosecutable crime.

...It was a while ago when I was told that though, so it could be wrong and/or outdated.

 

[retterkl]

I'm not entirely sure what part of "Even though she somehow managed to get into a nightclub, she's still underage" you're not getting. That vag is too young no matter where she is dude. Don't try to justify it.

I only got to think of it because me (at age 16) and friend (girl aged 15) went into a nightclub and a guy almost took her home but he only didn't because I managed to tell him that she was 15. Guy didn't think to ask because they were rejecting plenty of underage people at the door.

 

[thylasos]

I'm not entirely sure what part of "Even though she somehow managed to get into a nightclub, she's still underage" you're not getting. That vag is too young no matter where she is dude. Don't try to justify it.

Pretty much.

You might get a minimal sentence if they believe your story, but it's still illegal.

 

[EHKOS]

I don't think you should be convicted seeing as how it was the doorguy...bouncer...thingy who wasn't doing its job.

 

[WolfThomas]

Well it already wouldn't be paedophillia it would be statutory rape. I think it would rarely get to court. If it did, you'd probably get of on some sort of mitigating circumstances.

 

[EHKOS]

Opens a can of worms is the problem, it's harsh yes, but the problem is that it would legitimise in part underage consent, an opt out isn't an acceptable part of maintaining a law.
The law kind of has to be exact, and unfair in it's exactness.

Then there are problems with "laws" and we should find a better method or well, sigh, ok. I know the world is unfair but dammit it sucks.

 

[Wuggy]

Yes, it should be illegal, however this should be taken into account on a case-by-case basis as a lessening factor, if the suspect had reason to presume that the 'victim' was over the age of consent.

 

[Radelaide]

I'm not entirely sure what part of "Even though she somehow managed to get into a nightclub, she's still underage" you're not getting. That vag is too young no matter where she is dude. Don't try to justify it.

I only got to think of it because me (at age 16) and friend (girl aged 15) went into a nightclub and a guy almost took her home but he only didn't because I managed to tell him that she was 15. Guy didn't think to ask because they were rejecting plenty of underage people at the door.

I hate to be all "Captain Killjoy", but that situation could have been avoided if you'd stayed out of the nightclub.

 

[freaper]

It's illegal, but plenty of female friends of mine hooked up with adults while they were under age. As long as both or fine with it, what's the problem?

 

[retterkl]

I hate to be all "Captain Killjoy", but that situation could have been avoided if you'd stayed out of the nightclub.

Lol I only went for the purpose that if I didn't she would have gone alone. I don't talk to her any more though, I think she got married at 17

 

[Tdc2182]

According to the law, the only actual proof of age that can be accepted as evidence is the Birth Certificate in the US.

You're basically boned if she has a fake license