Regina v K: CACD 7 Nov 2000

When the defendant faced a charge of indecent assault on a girl under the age of 16, the prosecution did not face a burden of proving that he had no honest belief that she was 16 or over. The Act intended to produce the effect that no mens rea in this respect was required. A girl of that age could not give any valid consent. If parliament had intended that genuine belief would be a defence under the section, then the latter parts of the section would have been otiose. It was clear by necessary implication, that the defence was not to be available.

Citations:

Times 07-Nov-2000, Gazette 16-Nov-2000

Statutes:

Sexual Offences Act 1956 14

Cited by:

Appeal fromRegina v K CACD 11-Dec-2002
While a girl under the age of 16 cannot in law consent to an indecent assault, it is a defence if the defendant honestly believed she was over 16. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 April 2022; Ref: scu.85336