{"id":305,"date":"2006-05-06T16:22:11","date_gmt":"2006-05-06T16:22:11","guid":{"rendered":""},"modified":"2006-05-06T16:22:11","modified_gmt":"2006-05-06T16:22:11","slug":"r-v-g-2006-ca","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=305","title":{"rendered":"R v G [2006] CA"},"content":{"rendered":"<p><strong><img decoding=\"async\" alt=\"Girl aged 12\" src=\"http:\/\/sixthform.info\/lawblog\/files\/girl_aged_12.jpg\" border=0><br \/>[Mens rea &#8211; strict liability &#8211; sexual intercourse girl under 13 is rape]<br \/><\/strong>D aged 15 had sex with a girl aged 12 in his room he believed her to be 15. Sex with a child under 13 irrespective of consent amounts to rape under the <strong>Sexual Offences Act 2003<\/strong> and so D pleaded guilty on legal advice. <\/p>\n<p><strong>Held<\/strong>: The offence was sexual intercourse with a person under 13, whether the victim consented or not and whether or not the defendant reasonably believed that the child was 13 or over. <\/p>\n<p>Parliament could enact and enforce a crime of strict liability The <strong>Human Rights Act<\/strong> was not engaged.<\/p>\n<p>A judge should normally be able, by an appropriate sentence, to ensure that there was no interference with the defendant&#8217;s art 8 right. &nbsp;The appropriate sentence was a 12-month conditional discharge. The notification requirement would end with it and he would not thereafter be deemed to have a conviction. <\/p>\n<p><strong>Guilty<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>[Mens rea &#8211; strict liability &#8211; sexual intercourse girl under 13 is rape]D aged 15 had sex with a girl aged 12 in his room he believed her to be 15. Sex with a child under 13 irrespective of consent amounts to rape under the Sexual Offences Act 2003 and so D pleaded guilty on [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-305","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=305"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/305\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}