11 year olds can’t consent!

The Herald reports:

The Justice Select Committee has looked at a bill that would stop children in court from being accused of consenting to sexual activity. 

Consent is still a legal defence to those charged with rape in New Zealand, even if the alleged victim was a child at the time.

The law allows for children who are victims of sexual offending to be cross-examined about whether they liked, wanted, or even enjoyed what has happened to them. 

This was highlighted in 2022, when the defence of a man charged with raping a 12-year-old girl centred around it being consensual. The victim was called a liar, blamed for initiating sex, and questioned why she didn’t report it at the time if she was raped.

“That bill would stop any child under 12 from being challenged about consent. 

This seems like a worthwhile law change, especially if it applies to those under 12.

It is slightly more complex if the young person is say 15. If one party is 16 and the other 15, then the issue of consent is something that needs to be explored to determine whether it was rape (20 year maximum) or sexual conduct with a young person under 16 (10 year maximum).

But an 11 year old is very different to a 15 year old. There is no nuance with an 11 year old.