Merely naughty or seriously wrong? ‘Childish sexual experimentation’ and the presumption of doli incapax

Wortley, Natalie (2017) Merely naughty or seriously wrong? ‘Childish sexual experimentation’ and the presumption of doli incapax. The Journal of Criminal Law, 81 (5). pp. 346-349. ISSN 0022-0183

Text (Full text) R v PF v.2.docx - Accepted Version Download (22kB)

Abstract

Discusses the case of R v PF [2017] EWCA Crim 983, in which the Court of Appeal reiterated that, where a defendant is prosecuted for offences arising out of conduct that took place before 30th September 1998 and the defendant was (or may have been) aged 10-13 at the time of that conduct, the prosecutor must prove that the defendant was doli capax at the relevant time. To prove that a child had the capacity to commit a criminal offence, the prosecution must adduce independent evidence that the defendant knew that his conduct was seriously wrong. R v PF was a case involving what the defendant contended was ‘childish sexual experimentation’, and this case note advocates that consideration be given to how the law regulates young people’s sexuality and sexual experimentation.

Actions (login required)

View Item

Downloads