Child Victims Flashcards
Differences between the under 13 offences and those in ss1-3 are
-the child cannot give consent any consent that is said to be given is not legally recognised
- there can be no reasonable belief in consent
- the offence is of strict liability in relation to age
This means that there is an offence if penetration, intercourse or sexual touching occurs to a person under the age of 13 irrespective of whether they consented or instigated the activity however old they looked
Law makes a distinction between children under 13 and children aged between 13-16
S5,6,7 of the SOA replicate s 1,2,3 where the V is under 13
5 rape of a child under 13
6 assault of a child under 13 by penetration
7 sexual assault of a child under 13
R v G [2009] 1 AC 92
The defendant a 15 year old boy had sex with a 12 year old girl who had told him she was 15 to which she then told friends she had not consented to the sex. The defendant was charged with tape of a child under 13, and she had accepted that she had told him that she was 15. In appeal the House of Lords said that proof of the intentional penetration penile of a child under 13 was all that was required under s 5 of the act - the policy was to protect children and there was nothing unjust it irrational about the law, so the conviction upheld even though the claimant had deceived the defendant of her age
Sexual activity of a child
S9
A person aged 18 or above commits an offence if he
- intentionally touches another person
- the touching is sexual
- either B is under 16 and A doesn’t believe they are 16 or over
Or B is under 13
Sexual activity with a child makes a distinction between the ages
There is a defence to the D where the complainant is under 16 but he believes that they are 16 or above
AR sexual activity of a child
Sexual touching
MR sexual activity with a child
- intentional touching
- if B is under 16 and a lacks a reasonable belief that A is 16 or over
- if be is under 13()8: men’s rea element doesn’t apply
