Wednesday Law Report: Genuine Belief Not a Defence to Indecent Assault on Girl under 16 ; 8 November 2000 Crown Prosecution Service V K Court of Appeal, Criminal Division (Lord Justice Roch LJ, Mr Justice Rougier and Mr Justice Gray) 31 October 2000

Kate O'Hanlon, Barrister, The Independent (London, England)

IT WAS no defence to a charge of indecent assault on a girl under 16 that the defendant genuinely believed that she was over 16.

The Court of Appeal allowed an interlocutory appeal by the prosecution against a ruling by the trial judge that a defendant accused of indecent assault on a girl under 16 could raise the defence that he genuinely believed the girl to have been over 16.

The defendant, who was aged 26, was charged with indecent assault on a girl under 16 years, contrary to section 14(1) of the Sexual Offences Act 1956. Section 14 provided:

"(1) It is an offence, subject to the exception mentioned in sub- section (3) of this section, for a person …

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Publication information: Article title: Wednesday Law Report: Genuine Belief Not a Defence to Indecent Assault on Girl under 16 ; 8 November 2000 Crown Prosecution Service V K Court of Appeal, Criminal Division (Lord Justice Roch LJ, Mr Justice Rougier and Mr Justice Gray) 31 October 2000. Contributors: Kate O'Hanlon, Barrister - Author. Newspaper title: The Independent (London, England). Publication date: November 8, 2000. Page number: 2. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.

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