Ratio Decidendi
The offence of rape of a child under 13 (s.5 Sexual Offences Act 2003) is one of strict liability as to age. The prosecution need not prove that the defendant knew or was reckless as to the child's age. A genuine belief that the child was 13 or over is not a defence.
Fakty
The defendant, aged 15, had sexual intercourse with a girl aged 12. He reasonably believed she was 15. He was charged with rape of a child under 13 contrary to s.5 of the Sexual Offences Act 2003. He argued that his reasonable belief in the complainant's age should be a defence, and that strict liability as to age was incompatible with Article 6 ECHR (presumption of innocence).
Podsumowanie orzeczenia
The House of Lords held that s.5 SOA 2003 creates an offence of strict liability as to the age of the child. Parliament's intention was clear: the purpose of the provision was to protect children under 13, and requiring the prosecution to prove knowledge of age would undermine that protection. The provision was not incompatible with Article 6 ECHR; while it created strict liability as to one element (age), the prosecution still had to prove the act of penetration.
Kluczowe cytaty
"The policy of the law is that children under 13 need and are entitled to the most rigorous protection that the law can provide. This is achieved by making the offence one of strict liability as to age."
— Lord Hoffmann
Późniejsze zastosowanie
Remains the leading authority on strict liability as to age in sexual offences against children under 13.