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Statutory Rape Of A Child Under Section 13

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1. Rape of a child under 13

This offence is commonly referred to as ‘statutory rape’ and comes under section 5 of the SOA 2003 which states that a person will be criminalised as long as he is over the age of criminal responsibility (10 years old) and may face a maximum sentence of life imprisonment if he uses his penis to intentionally penetrate the vagina, anus or mouth of another person who is under the age of 13. The elements of this section are the same as rape i.e. section 1, except that the victims consent or no-consent is irrelevant. This can be seen in the case of G (2008) where the defendant aged 15 had sexual intercourse with the victim who was 12. V had consented to it, and D reasonably believed that V was over 13. D was charged with a section 5 offence to which he appealed, his appeal was dismissed by the House of Lords as the issues of consent and D’s belief in V’s age are irrelevant to the offence.

2. Assault of a child under 13 by penetration

This offence comes under section 6 of the SOA 2003 and states that a person commits an offence if he intentionally penetrates the vagina or anus of another person under the age of 13 in a sexual manner. This section mirrors the section 2 offence, however, this offence does not require the victim to lack consent to penetration or for the defendant to lack a belief in the victims consent which means that D will be held liable for the offence if he sexually penetrates V who is under the age of 13 in the proscribed manner.

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