Quote:
Originally Posted by percy
Unless the boy physically and with intent raped the girl, why is he being charged with rape? Isn't he a minor as well?
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Age of legal responsibility in british law starts at 10, before which your deemed amoral, and 'unaware' of legal right or wrong. Ater 10 you can be convicted of just about anything.
The offence of having sex with someone 13 or under is strict liability, meaning that the whole 'intention' concept is completly taken out of it, much in the same way to do with speeding (in that they just need to prove you sped, not that you meant to). They don't need to prove he intended to have sex with a minor, just that he did. A DNA test confirms that, and he will automatically be found guilty at a trial.
Edit: Standard age of consent is 16 in Britain.
Second Edit: Although the age of consent is 16, there is some leway to charging if both defendants are under the age. I doubt its in the interest of the public to prosecute the girl. Jail isn't an automatic after a conviction either, just recommended.