Attorney General Reference Nos 74 and 83 0f 2007 (Foster and Fenn): CACD 12 Oct 2007

The defendants each appealed convictions for rape of a girl under 13.
Held: A child under thirteen was incapable of giving any consent to a sexual activity. The defendant’s genuine but mistaken belief in the victim’s age may be relevant to sentencing but was not as regards commission of the offence.

Judges:

Latham LJ, Stanley Burnton LJ, Pitchford J

Citations:

Times 16-Nov-2007

Jurisdiction:

England and Wales

Crime

Updated: 12 April 2022; Ref: scu.261441