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UK: Isaac 25, from south London, was charged with raping a child under 16. He spent four months in custody awaiting trial and insisted she said she was 19. Police have now released text messages which confirm she had lied about age.

furchfur

December 20, 2017
123 upvotes
/r/MensRights
http://www.dailymail.co.uk/news/article-5199499/Texts-prove-alleged-rape-victim-15-lied-19.html
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Title UK: Isaac 25, from south London, was charged with raping a child under 16. He spent four months in custody awaiting trial and insisted she said she was 19. Police have now released text messages which confirm she had lied about age.
Author

furchfur

Upvotes 123
Comments 42
Date December 20, 2017 8:29 PM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/7l45mb/uk_isaac_25_from_south_london_was_charged_with/
Archive Link https://theredarchive.com/r/MensRights/uk-isaac-25-from-south-london-was-charged-with.909000
https://theredarchive.com/post/909000
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Comments

[–]BaconCatBug 36 points37 points38 points 8 years ago (1 child) | Copy Link

And lovely how the false accusers never get named and shamed. I really wish some off-shore organisation would do that.

[–][deleted] 23 points24 points25 points 8 years ago (4 children) | Copy Link

Quite concerning to me is the fact that the police do not release any evidence, which would have otherwise exonerated him a lot earlier. This is very concerning..

[–]Collective82 7 points8 points9 points 8 years ago (0 children) | Copy Link

That I believe is illegal in the US and if your withholding information that could free someone, you should get the sentence they did instead.

[–][deleted] 3 points4 points5 points 8 years ago (1 child) | Copy Link

Police are not your friends.

[–]chadwickofwv 2 points3 points4 points 8 years ago (0 children) | Copy Link

They never have been and never will be.

[–]mwobuddy 1 point2 points3 points 8 years ago (0 children) | Copy Link

https://www.youtube.com/watch?v=d-7o9xYp7eE

if you say something good to police that helps your case, that's hearsay in court.

If you say something bad that helps police make a case against you, that's not hearsay, that's evidence.

[–]bufedad 18 points19 points20 points 8 years ago (1 child) | Copy Link

Luckily he wasn't in the US. It doesn't matter if she lies, provides fake id, has her parents vouch for her.... you are still going to jail.

[–]mwobuddy 0 points1 point2 points 8 years ago (0 children) | Copy Link

Which absolutely makes sense if you believe that A: they are a child and B: they were violated by having sex with someone.

[–]Mr_MRAnarchist 15 points16 points17 points 8 years ago (0 children) | Copy Link

Can't wait to see how much this guy sues them for. Plus, takes the female to court and sues her.

[–]Ted8367 9 points10 points11 points 8 years ago (0 children) | Copy Link

His defence team demanded the police hand over her texts in September but only got them last week and found that the alleged victim had constantly lied.

Their statement said: 'Isaac Itiary is a 25-year-old man and father that has spent the last four months in custody in respect of these allegations which he has always strenuously denied.

Pre-emptive punishment.

'Contrary to statements by the Crown Prosecution Service and the Metropolitan Police Service the issues in the case have always been well known: they were set out at the initial hearing at the Magistrates' Court in August 2017 and thereafter his appearance in the Crown Court at the Plea and Trial Preparation hearing in September 2017 as the Defence are obliged to do.

So the Crown Prosecution Service and the Metropolitan Police Service got it wrong. Just by chance, I suppose.

'The issue of the service of mobile phone material as well disclosure generally was repeatedly raised both in Court and in correspondence throughout the currency of these periods.

'It is also worthy of clarification that the Defence Statement in this case was served on the Court and the Crown Police Service in accordance with the Court's direction on 30 November 2017 and not on 15 December 2017 as has been suggested in some of the reports.

Oh, so they got that wrong too. Just by chance, I suppose.

'Disclosure in this case has been dis-jointed, piecemeal and in contravention of repeated Court Orders.

'Some of the evidence which we understand led to the case being reviewed and eventually discontinued has always been in the hands of the Police.

While he was in jail.

'It has become apparent that there may be additional evidence as yet undisclosed to the Defence which informed the Crown Prosecution Service's decision.

'The delay in reviewing this case and serving evidence that should have been served some time ago is therefore not only gravely concerning but also unconscionable and in contravention of the ongoing duty of disclosure *particularly of a defendant remanded into custody on the Crown's application. *

'Despite being in possession of that material, the grant of bail to Mr Itiary was objected to repeatedly.

I wonder why?

'Mr Itiary may be seeking legal recourse for the failings by both the Crown Prosecution Service and the Metropolitan Police Service and therefore it would be inappropriate to comment any further at this stage.

'We understand that there is with good reason, keen media interest in this case but we ask that the media respect Mr Itiary's privacy at this time and we can confirm that he is not willing to have any interviews with any media outlets at present.

[–]Jacking-the-box 4 points5 points6 points 8 years ago (0 children) | Copy Link

Hahahahaha Hahahahah Hahahahahha

Now we are going to see a real reckoning.

[–]Sarin_G_Series 2 points3 points4 points 8 years ago* (0 children) | Copy Link

I was in county jail with a guy (19) who was shown fake id by a girl (16) that said she was 21. The judge even mentioned as much in probable cause court. That still didn't get his charges dropped.

Edit: Ran into the same guy a couple years later at a concert, the girl's father, an ADA who was the one pressing charges based on his daughter lying about it being non-consensual, ended up dropping charges after the guy spent a year in jail. The girl was never charged for possession of the fake id, which is a felony, I think. The guy got lucky that her father caught her with someone else under the same pretense.

[–]Headsup1958 2 points3 points4 points 8 years ago (0 children) | Copy Link

In this case the girl repeatedly claimed she was 19 when only 15. The guy lands in jail for four months. He's released when the truth was revealed. Can he sue the girl and or parents for damages? I hope so.

[–]Mode1961 1 point2 points3 points 8 years ago (2 children) | Copy Link

In Canada, lying about your age isn't enough to get someone off with this crime UNLESS you are a woman who is lied to.

[–]chadwickofwv 0 points1 point2 points 8 years ago (1 child) | Copy Link

Same here in the US. The only caveat is that being a woman will allow you to get away with damn near anything with nothing more than a blatantly flimsy excuse. So it shouldn't be in any way surprising that they can claim they were lied to in order to avoid any type of punishment.

[–]Mode1961 0 points1 point2 points 8 years ago (0 children) | Copy Link

We recently had a case here in Canada where a woman had sex with a boy of 14, (age of consent is 16), but she said he looked much older, was acquitted.

[–]PapaLoMein 0 points1 point2 points 8 years ago (0 children) | Copy Link

In many places lying about age doesn't remove the charge. Even with an official I'd saying they are over 18, if they are under 18 then the man can be charged with rape.

[–]orphancrippla 0 points1 point2 points 8 years ago (0 children) | Copy Link

Does the UK have strict liability laws when it comes to stutory rape? I know in the U.S. that you can see a convincing forged ID and it won't matter if she tricked you since all that matters is that you broke the law. It's a ridiculous system that punishes law abiding men, so I'd like to think this is a place that the UK has America beat.

[–]Blarty97 -5 points-4 points-3 points 8 years ago* (0 children) | Copy Link

Edit 1: I started to comment on this until I realised it was The Daily Mail.

Edit 2: Down-voted by a Daily Mail reader.

[+]mwobuddy -14 points-13 points-12 points 8 years ago* (22 children) | Copy Link

Eh, so what? If she's under 16, didn't he technically rape her anyway? Even though she lied, its kind of like 'rape by accident', the same way you might 'rape by accident' a woman high on mdma if you didn't know she'd taken it.

And shouldn't rapists be punished? Especially when they're raping a child? If rape shouldn't always be punished, that says something about the value of age of consent laws, or perhaps how we might have wrongfully restricted husbands from raping their wives... if rape shouldn't always be punished.

He did the crime. Whether he meant to or not. Plus, you'll notice a 25 year old hooking up with a 19 year old who looks like a 15 year old.

He should be in prison for sticking his dick in underage children, if you're all so gun-ho about such an act being one of rape. I fail to see how sexual intercourse with a 15 year old can be SUCH A HORRIFIC CRIME THAT WE MUST DESTROY A MAN OR WOMAN FOR DOING SO, yet if it happens by accident "oh, you were lied to, guess its not so horrible anymore, carry on free".

Like, really?

[–]sameCrime 9 points10 points11 points 8 years ago* (9 children) | Copy Link

not everybody grows at the same rate. some get puberty earlier than others. and some appear to be young even when they are in their 20s (it's called baby face). to suggest that someone should be put in jail and see his life destroyed because someone else lied is truly disgusting.

[+]mwobuddy -8 points-7 points-6 points 8 years ago (8 children) | Copy Link

So I could fuck all the underage people I want as long as I make sure I am being lied to about age and have evidence to that fact?

not everybody grows at the same rate. some get puberty earmier than others.

Yet if you fucked her and she looked 20 but you knew she was 15, people would call you a sick fuck pedophile and ask for your head on a platter or at least long terms of imprisonment.

Because the idea is she cant make her own decisions, she just a child, blah blah.

And if all that is true, how is it relevant WHAT she looks like?

[–]sameCrime 2 points3 points4 points 8 years ago (0 children) | Copy Link

the question is "are you being lied to about their age?" or are you making them lie about their age?

[–]KingRobotPrince 1 point2 points3 points 8 years ago (6 children) | Copy Link

So I could fuck all the underage people I want as long as I make sure I am being lied to about age and have evidence to that fact?

No, because if you knew they were under 16 you would be committing an offense. This does not relate to the circumstances of this story.

not everybody grows at the same rate. some get puberty earmier than others.

Yet if you fucked her and she looked 20 but you knew she was 15, people would call you a sick fuck pedophile and ask for your head on a platter or at least long terms of imprisonment.

Yes. Because if you knew she was 15 you would be guilty of an offense. Again, this does not relate to the story.

Because the idea is she cant make her own decisions, she just a child, blah blah.

That's the idea behind the law, doesn't really matter the reason though. What matters is of the law has been broken.

And if all that is true, how is it relevant WHAT she looks like?

Not that you are making enough sense for what you have said to be considered true, but, the reason what she looks like matters is that there are two factors to prove when you prosecute someone for breaking a law. Actus reus (the guilty act) and mens rea (the guilty thought or intention). Wjat this means is, as well as committing the act, it as to shown that the person had some intent. This protects people that commit a criminal act without intention, like being unaware of something, making a non-negligent mistake or something out of their control (wasp nest in the car causing a crash type thing).

In this case the prosecution needs to establish two things. That he had sex with an underage girl, and that he intended to have sex with an underage girl. Now, in this case, as we now know, the girl repeatedly lied to him telling him that she was 19. This facility makes it quite possible that he believed her to be 19 and he is therefore not guilty.

Here is where her looks come in. If she looked very young, like short, small frame, no breasts, there could be an argument put forward by the prosecution that it should have been so clear to the accused, based on her appearance, that she was under 16, that he must have known she was under age and is therefore guilty of statutory rape. However, if the girl is well developed. If she has a body that is well developed, size, shape, breasts, face, whatever, then this claim cannot be made so easily.

Obviously the prosecution could try and say she looks 15, and the defense could say she looks 19. It would be up to the judge to decide if he believes that her appearance was enough to counter the lie from the girl.

This is why her appearance matters.

[–]mwobuddy -1 points0 points1 point 8 years ago (5 children) | Copy Link

Yes. Because if you knew she was 15 you would be guilty of an offense. Again, this does not relate to the story.

No, that DOES matter because in either case, whether lied to or doing it intentionally, you're fucking a child and therefore raping them, if you believe age of consent determines childhood and rape.

No, because if you knew they were under 16 you would be committing an offense. This does not relate to the circumstances of this story.

Right, so I have to simply not know and be lied to all the time.

[–]KingRobotPrince 0 points1 point2 points 8 years ago (4 children) | Copy Link

Yes. Because if you knew she was 15 you would be guilty of an offense. Again, this does not relate to the story.

No, that DOES matter because in either case, whether lied to or doing it intentionally, you're fucking a child and therefore raping them, if you believe age of consent determines childhood and rape.

The only thing that can determine rape is a court. I don't think you know what rape or statutory rape is.

The man believed he was having consensual sex with a 19 year old girl, therefore he was found not guilty of statutory rape. If you can't handle that I suggest you contact your MP.

No, because if you knew they were under 16 you would be committing an offense. This does not relate to the circumstances of this story.

Right, so I have to simply not know and be lied to all the time.

Is your sole argument against this that you could do something "all the time"? It's completely deranged. How would you ever get yourself in a scenario where you are constantly having sex with 15 year old girls who lie to you and tell you that they are 19?

Every case is different and judges consider the unique facts and apply the relevant law. There is no "I can do this because it matches the exact circumstances of a legal case". That's simply not how the law works. There is simply the law telling you what you cannot do. And you need to do your best not to break the law.

[–]mwobuddy -1 points0 points1 point 8 years ago (3 children) | Copy Link

I don't think you know what rape or statutory rape is.

Rape is against someone's will/without the consent of the other. Statutory rape is a claim that a person underage can't consent to sex and therefore they're a victim of rape if they get fucked by someone regardless of their affirmation of consent or not.

[–]KingRobotPrince 0 points1 point2 points 8 years ago (2 children) | Copy Link

Statutory rape is a claim that a person underage can't consent to sex and therefore they're a victim of rape if they get fucked by someone regardless of their affirmation of consent or not.

No.

Here is the legislation.

Pay attention to this bit you fool:

Sexual activity with a child (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 >or over, or (ii) B is under 13.

The man reasonably believed that she was 16 or over. He was not guilty.

End of discussion.

[–]mwobuddy -1 points0 points1 point 8 years ago (1 child) | Copy Link

Wow you're a dumbass. It doesn't say they're innocent or not guilty if that is the case.

[–]KingRobotPrince 0 points1 point2 points 8 years ago (0 children) | Copy Link

I have to say your ignorance is commendable.

I mean, you're clearly talking about a subject you know nothing about, completely misunderstanding something relatively simple and there in black and white for you to see. Yet your response to your own inability to understand, clearly not knowing what you are talking about, is to call someone who knows what they are talking about a dumbass!

It's a shame there is not more value in being an ignorant fool.

Look at this part:

A person aged 18 or over (A) commits an offence if

It means that a person commits an offense (the offense of Sexual activity with a child, in this case), if they meet the following criteria. One of those is to not reasonably believe the person is 16 or over.

The man reasonably believed the girl was 16 or over, therefore no offense was committed.

[–]armaadi 2 points3 points4 points 8 years ago (4 children) | Copy Link

There are 20 year olds that look 14, and there are 14 year olds that look 20. If you hook up with a girl that looks 20, sounds 20, insists she's 20, how do you know she's really 20? Do you take her to a lab and get her scientifically age checked? At what point does a guy perform due diligence enough to reasonable ascertain he isn't committing a crime?

The issue is that it a person finds out that he/she's 15 and proceeds anyway, that's a crime. If that person never really checks and the victim looks close to underage, that's a crime. If a person checks and rechecks, and is lied to, I'm not so certain that's a crime. He's not targeting an underage girl; he's targeting a 20 year old. Lets say I'm selling beer, and a mature looking 16 year old buys beer from me. If I don't check their ID, I'm in trouble. If they provide a fake ID, they are in trouble.

Targeting underage people is heinous. Being 25 and sleeping a 20 year old is far from heinous. Her lying about her age is what's wrong, not him sleeping with what he though was a 20 year old.

[–]mwobuddy -2 points-1 points0 points 8 years ago (3 children) | Copy Link

The issue is that it a person finds out that he/she's 15 and proceeds anyway, that's a crime.

No, its a crime when someone underage is penetrated, whether or not someone knows their age.

They're a child in EITHER case.

He's not targeting an underage girl; he's targeting a 20 year old.

So targeting is wrong at a certain age and right at a certain age? But targeting is a loaded language designed to suggest predatory and dangerous.

And despite this, he still fucked a 15 year old. Doesn't matter. She can't consent, she has no ability to under the law and is deemed a child. Therefore he still committed 'rape of a child' if you think having sex with a 15 year old is rape of a child.

There's no arguing around that.

[–]armaadi 0 points1 point2 points 8 years ago (2 children) | Copy Link

She lied to him about her age, there's no arguing around that. There's intent with our laws. If you kill a guy, should I lock you up for life, regardless how you killed him? If you intended to kill him, yes. If yoh rounded a corner in your car at night and didn't see him, no.

If home boy intended to sleep with a 20 year old, made sure she was a 20 year old, then he didn't do anything wrong. She lied to him. She did something wrong.

I think that if you intend to sleep with a 15 year old and you are much older than 15, then yes, that's rape. If you are a little older than 20 and intend to sleep with a 20 year old, that's not rape.

[–]mwobuddy -1 points0 points1 point 8 years ago (1 child) | Copy Link

If yoh rounded a corner in your car at night and didn't see him, no.

That's called manslaughter and yes, carries a sentence.

I think that if you intend to sleep with a 15 year old and you are much older than 15, then yes, that's rape. If you are a little older than 20 and intend to sleep with a 20 year old, that's not rape.

Moronic. Rape is not intent. It is act.

[–]armaadi 0 points1 point2 points 8 years ago (0 children) | Copy Link

Wrong. If it's an accident and you tried to avoid the accident and you don't flee/are cooperative with the cops, chances are nothing will happen. If you run from the accident or you hit them on a straight away in broad daylight, yes, you can be charged with manslaughter.

Rape is intent. You intentionally have sex with someone that can't consent, that's rape. If you want black and white, any sex with someone under the age of consent is rape, then you need to charge every teen that hooks up with other teens with rape. Since we don't live in a black and white world and charging every teen that has sex with another teen is stupid and ridiculous, you have to look at context and intent. If a 15 year old girl or boy looks 20, says they are 20, acts 20, then having sex with them as a 25 year old shouldn't be a crime. After all, like I said earlier, exactly how much effort should a person use to determine the age of their partner? If he legit thought she was 20, what did he do wrong? As in, what else could he have done to insure she wasn't under age?

Are you proposing that guys not sleep with women, even if they say they are of age and have id's saying they are of age, and use apps also verifying age?

"Hey, Susan! Pleasure to meet you in person. Before we continue with this date, I'm going to need to see 2 forms of government ID and I need you to step into this age-determining chamber. It'll only strip off a fine layer of skin to see how old you really are." -said no sensible person ever

[–]KingRobotPrince 0 points1 point2 points 8 years ago (6 children) | Copy Link

What a stream of utter nonsense.

Your ridiculous failure of understanding in the first paragraph makes everything else you say completely pointless and without justification.

If he thought the girl was 19, and she repeated told him she was 19 (I'm going to assume she wasn't a four foot girl with a flat chest, pigtails and wearing her school uniform), then he hasn't satisfied the mens rea for the crime of statutory rape.

He isn't a child rapist, he shouldn't be punished, it's not the same as a teaching having sex with their pupil, there's nothing wrong with a 25 year old having consensual sex with a 19 year old. Everything you said is just irrelevant rubbish.

[–]mwobuddy -1 points0 points1 point 8 years ago* (5 children) | Copy Link

He isn't a child rapist, he shouldn't be punished

He had sex with a child. By ALL metrics, that is rape of a child.

If you believe age of consent determines what rape is, and you believe a 15 year old is a child, then he raped her.

It doesn't matter that she lied. She's the CHILD.

By your metric, I could go on fucking children forever until im 80 as long as they lie to me about being 18.

What a stream of utter nonsense.

Thank you for that thoroughly justified and rational argument.

there's nothing wrong with a 25 year old having consensual sex with a 19 year old.

Except that's not what happened. You're going in circles with your arguments and not supporting them. He had sex with someone who is underage. That immediately makes the person underage a victim of rape if you believe that such an act qualifies as rape. A person who commits rape should be punished severely right?

[–]KingRobotPrince 0 points1 point2 points 8 years ago (4 children) | Copy Link

He isn't a child rapist, he shouldn't be punished

He had sex with a child. By ALL metrics, that is rape of a child.

Your metrics don't matter. In the eye's of the law he is not guilty of the offense of statutory rape.

If you believe age of consent determines what rape is, and you believe a 15 year old is a child, then he raped her.

No. Because he believed her to be 19.

It doesn't matter that she lied. She's the CHILD.

It does matter that she lied. He thought she was 19, so no rape.

By your metric, I could go on fucking children forever until im 80 as long as they lie to me about being 18.

Do you even know what a metric is? What point are you even making? If you meet a girl who says she is over 16 and you believe this to be true, go for it.

[–]mwobuddy -1 points0 points1 point 8 years ago (3 children) | Copy Link

In the eye's of the law he is not guilty of the offense of statutory rape.

No, he is guilty.

He thought she was 19, so no rape.

This is ridiculous. A person is still a victim of rape if they're mentally incapable of making that decision. They can choose not to prosecute because of extenuating circumstances, but RAPE STILL OCCURRED IF YOU BELIEVE A 15 YEAR OLD CAN'T CONSENT AND ARE THEREFORE RAPED IF THEY HAVE SEX WITH SOMEONE.

[–]KingRobotPrince 0 points1 point2 points 8 years ago (2 children) | Copy Link

You're an idiot.

The girl wasn't on trial, the guy was.

He didn't meet the requirements of the offense of statutory rape so he was found not guilty. He did not rape her.

He met a girl, she told him she was 19. He thought that this was true, and he had consensual sex with her.

If he was found guilty of statutory rape it would be a huge miscarriage of justice as he thought he was having sex with a 19 year old girl.

[–]mwobuddy -1 points0 points1 point 8 years ago (1 child) | Copy Link

But he did commit statutory rape by fact of fucking a 15 year old. WHats so hard for you to understand?

[–]KingRobotPrince 0 points1 point2 points 8 years ago (0 children) | Copy Link

But he did commit statutory rape by fact of fucking a 15 year old. WHats so hard for you to understand?

He didn't commit statutory rape because he believed her to be 19. She lied to him and told him that he was 19, he had no reason to doubt that based on how she looked.

You are so stupid it's not even funny.

Let me try and explain the law from another angle.

Suppose you are driving in your car and you have some sort of seizure. As you struggle to control your body, your car swerves onto the pavement and you run someone over and they die.

You drove your car into someone and killed them. Something you did caused someone to die. Does that mean you murdered that person?

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