The AG appealed against a non-custodial sentence for having sexual activity with a girl below the age of thirteen.
Held: The apparent consent of such a girl could not affect the sentencing since the legislation was designed to protect her against the act undertaken. A sentence of two years was substituted: ‘The basic problem in this case is that the law exists, not only to protect children from the baleful, damaging influence of adults with an unacceptable sexual interest in children, but also because the law acknowledges the reality that some children, even children as young as 11 years of age, need protection from themselves. When the child is only 11 years old, even when there is powerful mitigation – and there is powerful mitigation here – arising from the child’s willing involvement without any influence from the offender himself in a sexual relationship, a non-custodial sentence simply does not vindicate the essential principle that children may indeed need protection from themselves.’
Judges:
Sir Igor Judge P, Simon J, Akenhead J
Citations:
[2008] EWCA Crim 2026, Times 29-Aug-2008
Links:
Statutes:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 31 October 2022; Ref: scu.276946