Skip to content Skip to main navigation


Avani Terraces - Greenway
Life is looking up

Too young to rape

By LG - 13 July 2007 93

[ED (Ntp) – Who says we don’t listen to our readership. Below is LG’s post with my reactionary gripe to the ruling and CT link following the more tag. Thanks also to stan_bowles for the link to the court ruling.]
The ABC has a story the ACT Supreme Court finding an 11 year old boy not guilty of sexually assaulting a young girl at knife point.

The article states that “the boy and another 11 yr old had taken the girl to a park and forced her to get undressed. The 11-year-old then tried to have sex with the girl until other people entered the park and he then ran away”

Justice Higgins “concluded the boy was too young to realise his actions were criminal, and while he had acted out sexual behaviour, he was clearly incapable of engaging in sexual intercourse”.

Now I know the argument of how old do you have to be to be responsible for your actions is an old one and I’m not sure of what penalty (if any) the boy has or will received. But it can hardly be comforting to the young girl in question knowing that despite being forced to do things at knife point, the offender was “clearly incapable of engaging in sexual intercourse”.

A strange, sad story. Can we at least penalise the parents who have obviously done a terrible job in raising their child?

First posted by NTP as: WTF? Higgins has his head up his @r$e!

OK, I might be going off a bit half cocked but our esteemed Chief Justice Terry Higgins has just let of an attempted rapist. The facts not in issue are that the offender accosted the victim, held a knife to her throat and forced her to undress while his friend acted as a lookout. She only got away when other people arrived in the park where the assault was taking place.

The issue is with the offender’s age. He and has mate were both 11.

Justice Higgins said the onus was on the Crown to not only prove the facts, but also, “Had he a guilty knowledge that he was doing wrong?”

He found the boy’s actions had not met the criteria of section 26 of the ACT’s Criminal Code, which says: “A child aged 10 years or older, but under 14 years old, can only be criminally responsible for an offence if the child knows that his or her conduct is wrong.”

I’m sorry, why hold a knife to someone if you think what you’re about to do is OK? Why have a lookout unless you are concerned about being caught?

The full Canberra Times article relating to the case can be found here.

What’s Your opinion?

Post a comment
Please login to post your comments, or connect with
93 Responses to
Too young to rape
Ntp 4:00 pm 13 Jul 07

Neanderthalsis i just nominated you for a pool room quote with that.

neanderthalsis 3:51 pm 13 Jul 07

Ranting hysteria and public indignation are the core values of the RiotAct, Philbert. I would hazzard to guess that that is what keeps us punters coming back.

So, does the verdict mean that in two years time when he does it again, he can say that he had done it before and not got into trouble, so naturally assumed it is ok?

Ntp 3:39 pm 13 Jul 07

How’s that philbert83au?

Whose bloody site is this anyway 😉

philbert83au 3:24 pm 13 Jul 07

Thanks for the article and link NTP, but can we have less hysteria and more news in the main article? Say what you like and judge-bash to your heart’s desire in commentary but keep it newsish out front. See the ABC link for how to do this.

lod 3:21 pm 13 Jul 07

The ruling is an interesting read. The judge goes into great detail of what it means to know that his actions were wrong.

An interesting point I picked up was that he had to consider what level of wrongness the child believed it was. Essentially that the child knew that it was very wrong rather than just impolite wrong or teacher said so wrong.

The judge also felt that the boy was suffering from a relevant mental dysfunction, he is already undergoing treatment.

It’s essentially stated that the sexualised behaviour was picked up from his father bringing prostitutes home. Over the same time period the boy was suffering from emotional and psychological abuse at home.

The boy did actually try to penetrate the girl but wasn’t able to do so. So he clearly knew how the act worked but wasn’t physically capable.

His history makes for a sad read. I suspect he’ll see the inside of a prison well before he reaches adulthood.

Ntp 2:41 pm 13 Jul 07

You know Stan after reading the ruling I sort of agree with it. Still think a guilty verdict with no punishment but counselling/monitoring would have been more appropriate.

stan_bowles 2:28 pm 13 Jul 07
KandyA 2:19 pm 13 Jul 07

shoot him.
shoot his parents and guardians.
shoot the judge,
DPP – shoot them.
The boy’s lawyer? yes thats right..shooting.
hell, shoot the young girl too.
Everyone should be shot.
I think you all agree with some part of this,
so shoot me.

Woody Mann-Caruso 2:05 pm 13 Jul 07

It’s OK. They’ll probably catch him in his late 20s after he’s raped and murdered a whole string of women. Justice will be served!

asp 1:54 pm 13 Jul 07

“concluded the boy was too young to realise his actions were criminal, and while he had acted out sexual behaviour, he was clearly incapable of engaging in sexual intercourse”

I thought the age at which a child could be charged with a crime was ten. Unless this kid and his mate have a mental illness that means there mental age is less than their physical age, I don’t see how Higgins can say he was too young to know his actions were criminal.

And as for being too young to have sex. Well, one would hope. But a look at Wikipedia, at an article which cites reputable sources reveales that in a physical sence, a ten year old would be capable of it. And in the age of the internet, there would be every chance he has looked up how.

To be found not guilty is just wrong. I am not for a second advercating a prison term for someone so young, but certainly this kid needs counseling and appropriate punishment. What we don’t need is young kids getting away with this sh*t and then doing it again when they’re 20.

Thumper 1:22 pm 13 Jul 07

A sad story with no winners, only losers, and one that should have everyone slightly worried about where society could be headed.

Surely some positive intervention is called for for this kid.

Ntp 1:21 pm 13 Jul 07

At the absolute LEAST a conviction should have been recorded even if no penalty applied. Court directed councelling and monitoring would seem sensible as well.

LG 1:20 pm 13 Jul 07

Unfortunately (according to the CT article) because the boy was found not guilty, he isn’t required to undergo any form of counselling or rehabilitation.

I just hope at the very least, the boy’s laywer is correct in saying the court process has knocked some sense into him.

jemmy 1:18 pm 13 Jul 07

Very sad case. He was expressing sexual behaviour at age seven. How? Where did he see it to copy? I agree with LG about the parents and would go further to charge them with abuse.

This kid won’t even get the psychiatric help he obviously needs. There is a loophole problem if the court can’t force treatment because he is technically not guilty.

Absent Diane 1:14 pm 13 Jul 07

I agree with sentiments about penalising the parents..

Don’t know what you can do with an 11 year old kid to punish them and have them pumped out a well balanced kid at the end of the process. Even counselling would probably be better than nothing though

1 2 3 7

Related Articles

CBR Tweets

Sign up to our newsletter

Copyright © 2017 Riot ACT Holdings Pty Ltd. All rights reserved. | |

Search across the site