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The taxi driver had the impression that the victim was about 20 years old.'Once at the flat, after some time, you paired off and you and the victim engaged in sexual intercourse.'She left the next morning.She had no concerns and there was no suggestion of her being distressed.'Police officers who had spoken to the victim earlier in the night in relation to another matter also had no concerns over her age, Lady Scott said in her order.Being the queen of the entire land dictated that her beauty was no less than stunning, despite her older age of thirty-nine.Her shiny, brunette hair was tied up in a coiled...Eric Cole, who had already served jail terms for sex attacks, admitted putting his hand down the girl's trousers as she stood in her garden.During a hearing in 2007, Judge Julian Hall told him: 'In criminal terms, what you did was quite mild', before giving the 71-year-old a suspended sentence.She said: 'Although the factual absence of consent is not an ingredient of the offence, it is a material factor for the purposes of sentencing.Here the victim willingly participated in the sexual intercourse and there was, in fact, consent.'So too, whilst there is no defence to this offence because of strict liability, the fact is that you would have had a defence if the victim had been a few months older.'The statutory offence for girls aged over 13 to 16 years provides for a defence based on reasonable grounds of belief by the accused that the victim was above the age of consent.'It is clear from the agreed facts presented to me that the Crown would have been unlikely to, or unable to, exclude such a defence and they do not dispute this.
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A man has walked free from court after pleading guilty to the rape of a 12-year-old girl.
She went home as early as possible, fingered herself before her husband came home and wondered whether she needed a dirty weekend overseas on tour with the girls.
But after a week of this, she knew she needed real...Taking into account that all witnesses on the night thought the victim was over 16, that Cieslak was told she was 16 and with no signs of distress, Lady Scott said: 'Your criminal culpability here is wholly restricted to the application of strict liability within this offence.'That is in marked distinction to other reported cases under this statutory provision, which have involved conduct involving assault or recklessness or force, or the absence of consent or have resulted in distress to the victim - all of which are factors which raise the need for punishment.'In addition, there is no suggestion here of predatory conduct or grooming or manipulation or deception.'I do not consider there is any need for, or public interest in, punishment.