I know that this is a relatively new story which I originally heard from the newspaper round-up section on the Wright Stuff. I haven't posted much legal content recently and this story really interested me so I felt the need to comment. If you haven't read or heard the story you can find a report here. In summary, a 13 year old boy was convicted of raping a 20 year old female and was sentenced to only 3 years because of restrictions related to his age and the fact that he apologised.
Sorry?! 13?
I do understand that minors under a certain age are subject to different sentencing guidelines that adult offenders but 3 years seems a little inadequate. According to the article, "By law, anyone under 18 years old faces a lesser sentence for rape than an adult, and for those aged 14 or under the term is reduced further..."
I do not have the guidelines to hand but I would hope that this would be proportionate according to the severity of the act because as one of the commentors on the article suggested, Khan is potentially 'one of the rapists of the future' and if he is capable of such a disgusting act at his tender age then the thought of what he would be capable of as an adult is frightening. It also seems ridiculous merely to reduce a sentence fitting a crime committed simply because the offender comes below a certain age bracket. I fail to see how 3 years will be sufficient to make Khan see '...the error of his ways'.
However, the judge in this case, Judge Glenn has removed a restriction on the publication of Khan's name because of the severity of the offences committed. He said,
" In this case I believe there is a legitimate public interest in naming this offender. It may prove to be a deterrent to others."
Oh right. Am I the only one that thinks that the fact that Khan is only 13 is a sad reflection of the changing nature of the values of the youth of this society for the worst? I don't know how simply 'naiming and shaming' will act as a deterrent for others.
Sorry doesn't seem to be the hardest word...
What do YOU think?
CBC
xx
Soundtrack to this post(Song I was listening whilst I was writing...the lyrics coincidentally, are unfortunate in relation to the subject matter): 'Cloud of Stink' by Biffy Clyro
Quoted from http://www.dailymail.co.uk/news/article-1246195/Boy-13-raped-woman-friends-jailed-just-years.html
Monday 1 February 2010
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2 comments:
I've heard of this case... think its disgusting. I agree and don't think the sentence should be reduced due to his age. What he did was something so abhorrent that he should be punished fully...
Also an apology is not enough. You can never take back something that you do or say... it makes what you have done or said any less terrible. It doesn't make it easier for the victim knowing her tormentor was a kid... possibly made it worse as nowadays you cannot even safe around children. I don't think an apology would make her feel any better or that he should be given a reduced sentence.
Not sure if the "naming and shaming" thing will help. Especially not if he lives in a city. It might work if he lives in a smaller place and he is outcast by the people he lives amongst... otherwise who cares? Its not exactly a unique name either.
Sorry this is a bit long and possibly slightly incoherent... I'm a little tired.
Very well said as always AW xx
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