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Umm, isn't this ' position of trust' age distinction a bit vague and contrived? Is an 18 year old school prefect a person in a position of trust?
I think they try to distinguish between informal & formal positions. A scout leader would be seen as a position of trust but a venture scout helping for a day probably wouldn't be seen as in a position of trust.
My understanding is 18 -> 17 year old with unpaid / unregulated power it would be seen as a non offence from that point of view and it would concentrate on coercion which doesn't have an age restriction.
So if a teacher or a teaching assistant aged 25 has sex with their pupil then its the abuse of trust.
If they meet and had consensual sex with a 17 year old who is not their student or they have power over in a pub then its just sex and legal.
If a Prefect says to a 17 year old ' have sex with me or I will report you' its coercion which makes it rape.
My point was that being a woman and probably on a lower wage she may well be eligible for maintenance. Now will the Judge be generous to the 'weaker party' or see the offence as a 'door closer'?
Maintenance is totally independent of marriage fault.
My point was that being a woman and probably on a lower wage she may well be eligible for maintenance. Now will the Judge be generous to the 'weaker party' or see the offence as a 'door closer'?
Doubtful she will get maintenance, my wife was 31 when we divorced and she got none as she was deemed young enough to do something about it.
The division of assets is nothing to do with fault. Usually 50/50 if no kids - but can vary if a short marriage(under 7 years) and one party has bought loads more assets into the marriage. All assets earned during marriage are assumed shared.
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My point was that being a woman and probably on a lower wage she may well be eligible for maintenance. Now will the Judge be generous to the 'weaker party' or see the offence as a 'door closer'?
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