Prosecuting Children Under S. 5 Of The Sexual Offencesrnact 2003

摘要

The appellant (hereafter referred to as G) was convicted of rape of a child under 13, contrary to s. 5 of the Sexual Offences Act 2003, in July 2005, having pleaded guilty. For sentencing purposes the prosecution accepted G's version of events, namely, that he was 15 years old at the time of the offence, the complainant (C) had consented to sexual intercourse and she had lied about her age, having told him that she was 15. After being sentenced to a 12-month detention and training order, G appealed to the Court of Appeal on the grounds that:rn(a) The conviction violated his right to a fair trial and the presumption of innocence under Article 6 of the European Convention on Human Rights, because it was an offence of strict liability; andrn(b) It violated his right to privacy under Article 8 because it was disproportionate to charge him with rape under s. 5 when he could have been charged with a less serious offence under s. 13, which deals with sex offences committed by persons under 18.