In the Rolf Harris trial one victim was said to have waived her anonymity. There is no law that allows her to do this although a publisher would have a defence to an allegation of contempt if she had provided written consent. The law requires an application to be made to the court. Witness … Continue reading
Category Archives: News
Max Clifford could go back to work
The publicist Max Clifford has been convicted by a jury of offences of indecent assault on teenage girls dating back to 1977. The facts read like an aggressive Benny Hill show where Max Clifford used his position of trust to abuse teenage girls in the context of the euphemistic casting couch. He will be sentenced … Continue reading
“Underage sex” and sexting: There is no such thing as “the age of consent”
There is no part of a statute which states “The Age of Consent is X”. There is no common law principle giving ‘The Age of Consent”. So what do people mean when they talk about the age of consent? Most people would say that it means the age when it is legal to have sex, … Continue reading
Rape trial for Roache was never a winner
Piers Morgan once asked William Roache about bedding 1000 women. Roache gave no clear answer. The prosecution were prevented from asking Roache the same question in the recent rape trial even though his evidence appeared different from what he had intimated on TV. Why? Because Roache was on trial for rape not for what we … Continue reading
Marital Rape – the modern law
Statistics for domestic violence of the Christmas period are always awful. For some spouses, this can include rape. It is incredible to think that before 1992, the law was that a man could rape his wife, effectively enforcing conjugal rights. The wife was deemed to consent to sexual intercourse on marrying the husband. In 1992 … Continue reading
Watkins: Paedophiles & pass keys
Much has been written about the 35 year sentence for Ian Watkins. The sentencing remarks are here and make for gruesome reading. For a detailed recitation of the sentencing law in this context we recommend Lyndon Harris at UK Criminal Law Blog. However, it is also interesting to look at the law in relation to … Continue reading
Sexual Offences Handbook – second edition due May 2014
The law and procedure relating to sexual offences is notoriously complex. Since the advent of the Sexual Offences Act 2003, the law (both as to the offences and as to sentencing) changes depending on when the offence was committed, the age of the parties involved and the nature of the act committed. This up-to-date guide … Continue reading
Sentencing Historic Sexual Offences – The new guidelines
The new Sentencing Council Guidelines on sexual offences have been published[1]. They will be in force from 1 April 2014. The existing guidelines do not apply in relation to offences under the 1956 Act. However, in the new document, the maximum penalties are set out in Annex C and the approach to sentencing historic sexual offences … Continue reading
A Peach of an error
In November 2013 Ian Watkins, lead singer of The Lost Prophets pleaded guilty to to attempting to rape the 11-month-old baby of a fan ‘Woman A’ and conspiring to rape the baby daughter of another fan ‘Woman B’. News reports indicate that prosecution footage showed him committing the act and a charge of rape was … Continue reading
Lostprophets singer pleads to child sex offences; which guideline applies?
Ian Watkins, former singer in the Lostprophets, yesterday pleaded guilty to attempted rape and sexual assault of a child under 13 (but not guilty to rape) and he “also admitted three counts of sexual assault involving children and six involving taking, making or possessing indecent images of children and one of possessing an extreme … Continue reading