Doli incapex

[37yearsago]

There are a number of items on here re doli incapex but little mention of the common law presumption that a boy under 14 cannot commit rape. Although this was abolished by section 1 of the Sexual Offences Act 1993 this was NOT abolished retrospectively.

Has this defense been used successfully by anyone or does anyone have experience of CPS' attitude to changing the allegation to indecent assault to get around this?

[Casehardened]

Soulbug is the only current member who has used this defence; if you search through his posts you will lots of useful and relevant information:

http://www.daftmoo.org.uk/mooforum/s...0-Doli-Incapax

[Peter1975]

There are a number of items on here re doli incapex but little mention of the common law presumption that a boy under 14 cannot commit rape. Although this was abolished by section 1 of the Sexual Offences Act 1993 this was NOT abolished retrospectively.

Has this defense been used successfully by anyone or does anyone have experience of CPS' attitude to changing the allegation to indecent assault to get around this?

I have seen charges and sentences being changed by court of appeal who I think issued some guidance on this after dealing with several cases where the law was not correctly applied but it is not a defence as such. The law will only recognise a charge of indecent assault if you were aged 13 or under at the time which carries a less serious sentence but the act and the allegation will remain the same.

More promising is the doli incapax which wasn't abolished until later meaning the prosecution don't just have to prove that the crime took place but they have to prove to the jury , separate to the crime itself, that you knew what you were doing was seriously wrong and not just naughty.