When dismissing an appeal against conviction for sexual activity involving children, including rape and trafficking within the UK for sexual exploitation, the court considered the issue of consent. Where a vulnerable or immature individual had allegedly been subjected to grooming for sexual purposes, the question of whether real or proper consent had been given would […]
A sentence of four years’ imprisonment imposed after trial for indecent assault was unduly lenient where the offender, who was akin to a stepfather to a seven-year-old child, had committed sexual acts against her, forcing her to perform oral sex on him. A sentence of seven years’ imprisonment was substituted.
It was compatible with a child’s rights under the European Convention on Human Rights 1950 art.8 to convict him of rape contrary to the Sexual Offences Act 2003 s.5 in circumstances where the agreed basis of plea established that his offence also fell properly within the ambit of s.13.
It was not for the courts to assess the reasons behind the prosecution’s decision to charge an individual under the Sexual Offences Act 2003 s.8 rather than s.5 or s.9 and, in the circumstances, a sentence of five years’ imprisonment imposed on the individual was not manifestly excessive.
