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She said: 'Although the factual absence of consent is not an ingredient of the offence, it is a material factor for the purposes of sentencing.Here the victim willingly participated in the sexual intercourse and there was, in fact, consent.'So too, whilst there is no defence to this offence because of strict liability, the fact is that you would have had a defence if the victim had been a few months older.'The statutory offence for girls aged over 13 to 16 years provides for a defence based on reasonable grounds of belief by the accused that the victim was above the age of consent.'It is clear from the agreed facts presented to me that the Crown would have been unlikely to, or unable to, exclude such a defence and they do not dispute this. Join Now and See How Easy it is to Connect With Older Men, In Your Area, Who are Looking for Love.Get Ready to Meet That Someone Special for Friendship and Romance Today!She spoke out as she jailed a man for six years after he raped a drunken girl he met in a Burger King in Manchester city centre in July last year.But victims' charities accused the judge of 'victim blaming' in the speech.
Jurors couldn't agree on a verdict and in January the prosecution decided against a retrial.The judge said Cieslak was culpable under 'strict liability', where victims under 13 are deemed by law to be incapable of consent.But the judge said there were 'a number of exceptional circumstances' which applied.Accordingly, it is very unlikely the Crown could prove a crime had the victim been over 13 years of age.'Cieslak became distressed when he was told the age of the victim by police officers and has dropped out of a college course, Lady Scott said.The Durham University student walked free after being accused of raping a 23-year-old student in her home when she was drunk and unresponsive.He was accused of raping a woman at his student house in March 2014 when she was 'crazy drunk', and was said to have assaulted another woman at a house party.Another Durham student, who endured an 18-month ordeal before his charges were finally dropped.Wir verwenden Cookies, um Inhalte zu personalisieren, Werbeanzeigen maßzuschneidern und zu messen sowie die Sicherheit unserer Nutzer zu erhöhen.Wenn du auf unsere Webseite klickst oder hier navigierst, stimmst du der Erfassung von Informationen durch Cookies auf und außerhalb von Facebook zu.Lady Scott took the 'wholly exceptional' decision to grant Daniel Cieslak an absolute discharge at the High Court in Glasgow today.Cieslak, 21, met the victim and her friend, aged 12 and 13, in a taxi queue in Edinburgh after a night out in the summer of 2015 and went back to a party with them thinking they were 16 and 17, a statement on the Judiciary of Scotland website said. Lady Scott said: 'You understood from chat in the taxi that the victim was 16 years old and her friend was 17 years old.