12 Year Old Boy To Be Sentenced For Rape

Local News, By Christian Taylor, 19th June, 2009

A 12-year-old is to be sentenced for the rape of another boy, after he failed to convince Brisbane’s Court of Appeal that he had been wrongly convicted.

News.com.au report that the boy, who must remain anonymous, was found guilty of rape and attempted rape earlier this year at Townsville Children’s Court. The court heard that he raped a four year old boy in May 2007 and attempted to rape his three year old brother later. He allegedly told his father that he was “horny”.

The Court found that the boy had the capacity at the time to know that what he was doing was wrong and as such under Queensland law that makes him criminally responsible for the offences.

The boy will now face sentencing for both charges.

Your Thoughts

Christian Taylor

said ages ago

To quote Brisbane Times: "Under Queensland law anyone under 14 years cannot be held criminally responsible for an offence unless it can be shown they had the capacity to know they ought not have done the act. The trial judge found the boy did have the capacity to know he should not have committed the offences. The boy's lawyers took the case to the Court of Appeal in Brisbane in May in an attempt to have the conviction quashed. They argued that the guilty verdict was "unreasonable" and "against the weight of the evidence". They also argued the trial judge gave insufficient weight to the evidence of a psychiatrist called by the defence." There's been very little media coverage of this story until now... Have trawled press clippings from the last two years but to no avail.

Paiyrx

said ages ago

Jimjazz: I think kids of that age are more aware about this sort of stuff than we think..

hazyinseptember

said ages ago

@Paiyrx.. im pretty sure that most 12yr olds would not understand the context of rape..

Kyle2009

said ages ago

IMO, a 12 year old is more than capable of telling right from wrong.

Christian Taylor

said ages ago

hmmm... being 12 is a confusing time, and you can understand a youngster being confused with new desires and not knowing how to express them. i want to know exactly how he 'raped' them - how far are we talking?

Brightside05

said ages ago

No one was crying when I played it. Put him in juvie and let him out at 18 where he can commit rape as an adult and be sent to real prison then. He will re offend.

andrew m potts

said ages ago

There is a huge difference between two children of the same age playing "doctors and nurses" and the molestation of a 3 year old and a 4 year by a boy eight years their senior. I don't believe that young children who play doctors and nurses have any sexual intent- it's merely driven by curiosity about their own and others bodies. I'd also note that when children play doctors and nurses, the activity is consensual (though obviously not in the legal sense). This case clearly involves a sexual intent and was non consensual. This 12 year old needs to be removed from the community and his siblings and needs targeted psychiatric and behavioral intervention. Christian Taylor: "being 12 is a confusing time, and you can understand a youngster being confused with new desires and not knowing how to express them. i want to know exactly how he 'raped' them - how far are we talking?" For a charge of rape, there would have been some form of penetration. Otherwise the charge would have been one of sexual assault.

sneakos

said ages ago

^^^ Andrew, I agree there is a big difference between children of (relatively) similar age playing "doctors and nurses" v. an older child with two very young children, who woudln't (normatively) yet understand age appropriate sexual play in the same way the older child would - nor would they have reached the same cognitive developmental milestones in order to understand what was happening however, i'd strongly argue that your point that the 12yo needs to be removed from the community. there exists plenty of research evidence - in particular, international models from canada, that would suggest the strongest chance of reducing recidivism amongst child sex offenders is to keep them in the community and allow the community to play an active role in treatment of course, this is a highly charged emotive issue, and australia is yet to widely implement what has been seen and known (in longitudinal studies) to be successful overseas

Hels85

said ages ago

I agree, a child at the age of 12 has a far greater understanding & comprehending the nature of their actions. They are considered children at that age but are in the early transition years of becoming a teenager. This child needs to be punished for his actions but also needs psychiatric help. Sexual development & desires are occuring from this age but why express them to such young children at the tender ages of 3 & 4 yrs old. That is completely unacceptable. Its is not a matter of him being 8yrs their senior more of the fact that they are just babies. What about these children, the 3yr old was his his brother. What of their mental state now. Do they even realise what they have been subjected to? Rape by a child or adult, no doubt is a highly punishable crime.

meezon04

said ages ago

wow

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