| 释义 |
rape of a child under 13
It is a specific criminal offence under the Sexual Offences Act 2003 to engage in sexual intercourse with a child under the age of 13. Consent is irrelevant to determining whether the offence has been committed. A person commits the offence if he intentionally penetrates the vagina, anus, or mouth of another person with his penis, and the other person is under 13. The maximum penalty is life imprisonment. Owing to the requirement that rape of a child under 13 can only be committed through penetration with a penis, it is clear that the offence can only be committed as a principal by a man; a woman can only be convicted of the offence as an accessory. The victim cannot be convicted as an accessory, even if the offence takes place with the victim’s voluntary assistance, since the offence is designed to protect the victim (R v Tyrrell (1894) 1 QB 710 (CCR)). Compare assault of a child under 13 by penetration; sexual activity with a child. |