G v United Kingdom

Ashworth reports and comments on G v United Kingdom case. G., aged 15, was convicted of rape of a child under 13, contrary to s. 5 of the Sexual Offences Act 2003. For the purposes of the case it was accepted that the girl told G that she was also 15, and that she consented to the sexual acts. The p...

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Bibliographic Details
Published in:Criminal law review 2012-01 (1), p.46
Main Author: Ashworth, Andrew
Format: Article
Language:English
Subjects:
Convictions
Criminal law
Criminal liability
Criminal sentences
Juvenile offenders
Rape
Right of privacy
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Summary:Ashworth reports and comments on G v United Kingdom case. G., aged 15, was convicted of rape of a child under 13, contrary to s. 5 of the Sexual Offences Act 2003. For the purposes of the case it was accepted that the girl told G that she was also 15, and that she consented to the sexual acts. The principal arguments on behalf of G were, that to impose strict liability as to age for this serious offence was contrary to the presumption of innocence in art. 6(2) of the Convention and that to charge and convict a child of this serious offence, when the less serious offence under s. 9 of the 2003 Act was available, was an unjustifiable interference with G's right to respect for his private life contrary to art. 8. The maximum sentence under s. 5 of the 2003 Act is life imprisonment, and a conviction for this offence could have serious adverse consequences for this child in later years.
ISSN:0011-135X