Too Young to be Raped
After questioning by the defence, the child in question agreed that she had lied in her original testimony. Yet the jury were apparently not satisfied that her new version was true, and found the boys guilty of attempted rape, but not guilty of rape itself. In one sense it was of little importance in the case whether the girl had resisted or agreed to the act, as she is legally considered too young to consent. But the Crown Prosecution Service may have thought twice about prosecuting for consensual acts, given the young age of the offenders. The boys in question could still have been placed under Sexual Offences Prevention Orders, if they were seriously considered a threat.
I think most of us agree that the rape of an eight-year-old is something that should generally be prosecuted. We probably all also agree that eight to ten-year-olds mucking about experimentally is not a police matter, and that consensual sex between them would be dealt with by parents, social workers and psychiatrists.
But what concerns me in the case is this:
- A psychological report afterwards is all very well, but if the judge wasn't happy with the manner in which the girl was cross-examined, why didn't he stop it at the time?
- If The Daily Mail and its readers can identify that this case may not have been appropriate to bring to court, why do they feel so differently in the James Bulger case, where clearly they believe children can indeed transmogrify into "pure evil" at the age of ten?
- Conversely, why can the Mail and readership not identify that there are adult rape cases with similarly conflicting factors that mean they should not go to court, and this is not necessarily always a judgment on either party?
So on this occasion I'm inclined to agree with the Mail. What exactly was the point of it all?
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