Rape of a child under 13
Part 1 Sexual Offences
(1)A person commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b)the other person is under 13.
(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
(9) “Vagina” includes vulva.
Defined in s.79(9) · see it in the full ActCreates rape of a child under 13 where penile penetration is intentional. The prosecution need not prove knowledge or belief concerning age, and the child’s apparent willingness is legally irrelevant. Its strict protective rule applies irrespective of the defendant’s age (see paras [3], [23]–[24], [42]–[45], [65]).
The court treated the offence as absolute in nature. A reasonable belief about the victim’s age and consent remained relevant to sentencing, while the guideline starting point addressed the typical case and incorporated deterrence (see paras [17]; [21]-[24]).
The court applied the guideline for rape of a child under 13 as the applicable substantive offence for arranging or facilitating. The planned conduct fell at least within category 2A, so the six-year sentence was far from manifestly excessive. (see paras [12]-[13])
25 more judgments, and what each says about section 5, are in the case-law panel in the full Act.
14.Section 5 makes it an offence for a person intentionally to penetrate with his penis the vagina, anus or mouth of a child under the age of 13. Whether or not the child consented to this act is irrelevant.