The defendant appealed against his conviction for having unlawful sexual intercourse with a girl under 16. He was himself under 16, and complained that the section turned the girl into a victim and him into an offender and that this was discriminatory.
Held: Article 6 was not concerned with issues relating to the substance of an offence. It related to procedural issues. The possibility of pregnancy left a position requiring protection of girls and deterrence of boys from these activities.
Judges:
Pill LJ, Cox J
Citations:
Times 09-Feb-2005
Statutes:
Sexual Offences Act 19856 6(1), European Convention on Human Rights 6
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Kirk; Regina v Russell CACD 31-May-2002
The defendants appealed convictions for unlawful sexual intercourse with a girl under 16. They claimed that the availability to a defendant under 23 of a special defence which was not available to them because of their own age was discriminatory. . .
Lists of cited by and citing cases may be incomplete.
Crime, Discrimination
Updated: 07 April 2022; Ref: scu.222926