- The defendant, aged 15, had sexual intercourse with a girl, aged 12
- Consent was not at issue as sexual intercourse with a person aged under 13 is a statutory offence
- Had the defendant’s right to a fair trial been denied?
- According to Baroness Hale, the Sexual Offences Act 2003 is designed not only to protect children from pedophilia, but also to prevent children aged under 13 rom engaging in any sexual activity with others; and
- The legislation does require careful judgment and careful decisions on the part of the CPS in deciding whether it is practical to prosecution every act (or kiss) which constitutes sexual experimentation between young children