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For the purposes of sentencing, the prosecution accepted that the girl consented and that she had said she was Neither of those factors amounted to a defence, however, because the offence is committed if a person intentionally penetrates the vagina, anus or mouth of another person with his penis and that other person is under The attitude of the victim towards the act is irrelevant, as is the perpetrator's belief as to the victim's age.
UK - Can a 15 and 18 year old date?
The defendant argued that this "strict liability" was incompatible with the presumption of innocence guaranteed by article 6 2 of the European Convention on Human Rights and that the decision to prosecute him with the offence of rape of a child under 13 carrying a maximum penalty of life imprisonment as opposed to the lesser offence of sexual activity with a child under 16 maximum five years' imprisonment for an underyear-old breached his right to respect for private life under article 8.
The House of Lords rejected both arguments.
They noted that article 6 2 is concerned with the fairness of the proceedings, not the content of the criminal law. Since the prosecution still had to prove that the defendant had intentionally penetrated the victim and that she was in fact under 13, there was no violation of the presumption of innocence.
They acknowledged that the offence was one of strict liability but considered that, since the policy of the legislation was to protect children, it was justified. If you have sex with someone who is on any view a child, you take your chance on exactly how old they are.
If they turn out to be under 13 then there is no unfairness in the fact that that amounts to a serious offence.
The judges were divided on the issue of article 8, but the majority decided that there could be no breach of article 8 in prosecuting the defendant for an offence of which he was admittedly guilty. Issues of consent, the age of the defendant and his belief as to the age of the victim could be taken into account at the point of sentence, and indeed in this case the defendant had been given a conditional discharge the second most lenient sentence available.
The prosecutor was not therefore obliged to opt for the lesser offence of sexual activity with a child under Nor was it unjustified to label the offence "rape". As Lady Hale put it, "the law has disabled children under 13 from giving their consent.
So there was no consent. In view of all the dangers resulting from under-age sexual activity, it cannot be wrong for the law to apply that label even if it cannot be proved that the child was in fact unwilling.
Age of consent reform - Wikipedia
The English government eventually decided on age of 12 for women as their limitation. Today it is usually set between 15 and Age of consent reform UK Inthe age of consent in England was set at 12 Westminster 1 statutethe first time an age of consent had been set in England.
The Criminal Law Amendment Act of raised it to Vladimir Putin said that a party advocating lowering the age of consent cannot be legally registered hence, be a legal party in Russia.
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Basant said he considered "illogic al " that a legal system in which an age of 18 is used for other purposes — like the Indian Majority Act, the Contract Act, the Juvenile Justice Actthe Child Marriage Restraint Act and the Representation of People Act — has a different approach in the case of sexual consent. Ages of consent in the United States Over the course of American history, the most commonly observed age of consent was 10 years.
In37 states had an age of consent of 10 years while 10 states kept an age of consent at 12, and Delaware maintained its age of consent at seven years, having lowered it from 10 in As of August 1,the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age.
Georgia was the most notoriously resistant state to raising its age of consent in the early s. Georgia's age of consent was 10 untiland even then the age of consent was only raised to Stateaggravated child molestation was reduced to a misdemeanor with a maximum of one year in prison if the offender was under 19, the victim was either 14 or 15 years old, and the offender is no more than 48 months older than the victim.
Age of consent reform
Georgia penal code, Previously aggravated child molestation at any age carried 10—20 years imprisonment regardless of the age difference between the victim and offender.
Kentucky[ edit ] In in Kentucky Representative JR Gray sponsored legislation in the state legislature that passed making it a felony for a teacher to have sex with a student under the age of He also discussed the possibility of raising the age of consent from 16 to 18 but a bill was not produced for that. It was sponsored by Representative Stanley Cox.