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mother35 · Feb 4, 2011, 12:03 AM

My daughter who is 15 was recently raped by a guy 18, we have been to the police and they informed us that it would be very hard for charges to be laid because oflack of proof, my daughter is a very small 15 yr old and therefore he did not have to physically beat her up, I am wondering if anyone knows if I can have him charged with statatory rape or not? People like this really need to pay for stealing the innocence away from a child. We live in Ontario. Thanks.

AK lawyer · Feb 4, 2011, 12:58 AM

Originally Posted by mother35

My daughter who is 15 was recently raped by a guy 18, we have been to the police and they informed us that it would be very hard for charges to be laid because oflack of proof, my daughter is a very small 15 yr old and therefore he did not have to physically beat her up, I am wondering if anyone knows if i can have him charged with statatory rape or not? People like this really need to pay for stealing the inocence away from a child. We live in Ontario. Thanks.

This suggests that he cannot be charged with statutory rape:

"A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is no more than five years older than them. [16]

Although Canada is a federation, the criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada. "
Ages of consent in North America - Wikipedia, the free encyclopedia

ScottGem · Feb 4, 2011, 04:49 AM

Even if the age difference was not as AK listed, the same level of proof would be required that they had sex as for any rape charge. The only difference is you would not need to prove force.

On the other hand if there IS proof that sexual activity occurred, she can still press charges. He might not be convicted because it will be a he said/she said. It would also mean her going through an ordeal. Without knowing more about the circumstances of the incident, its hard to judge the outcome.

Fr_Chuck · Feb 10, 2011, 08:24 PM

The issue here is amount of evidence, how long did she wait to report the rape ? Did she get a rape kit down as soon as it happened ?

But it is hard to prove some crimes, and the crown in your case or the DA in the US, often will not take crimes to court if they don't think they can win.

You can try to push them to court, by talking to local officials and trying to push the crown into charging them.
Now with little evidence they may get off.

If the girl needs counseling, you can try to sue for that cost in civil court, at least in US, there is a lower requirement for evidence in some civil matters