Quote:
Originally Posted by CaptainCrunch
See the above UCB, for 16 the age of consent barrier is 5 years.
|
As far as I can tell you pulled this out of your ass. Pretty sure all it says is that whether something amounts to "sexual exploitation" is contextual and is decided on the particular facts. If they'd wanted a defined age barrier, i.e. 5 years, they would've written it into the statute. Without reviewing a bunch of case law as to how it's been interpreted I don't know how you can draw any conclusions in this regard.
EDIT: After actually looking into this for a second, the "close in age" provision is in fact a relieving provision - it provides an exception to "exploitation" where the parties are close in age and there is no relationship of trust. In other words, you still have to separately establish exploitation, and your inability to meet an exception doesn't impact that assessment because that simply isn't how statutes are interpreted.
In other words, age gap is a relevant factor (as are all contextual circumstances) but the "5 year close in age" thing isn't relevant here.