The Law Reports (Appeal Cases)
[2009] AC 92
House of Lords
Regina
v
G (Secretary of State for the Home Department intervening)
[2008] UKHL 37
2008 March 5;
June 18
June 18
Lord Hoffmann, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Mance
Crime— Sexual offences— Rape of child under 13— Intentional penile penetration of child aged under 13 offence— No defence that defendant believed child to be over 13— Boy aged 15 pleading guilty on basis of sexual intercourse by mutual agreement with girl he believed to be 15— Whether strict liability offence conflicting with Convention right to fair trial and presumption of innocence— Whether prosecution disproportionate interference with Convention right to respect for private life—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8
—
Sexual Offences Act 2003 (c 42), s 5