The Mudcat Café TM
Thread #131534   Message #2968877
Posted By: Richard Bridge
19-Aug-10 - 04:50 PM
Thread Name: BS: 10 year old rapists get coddled
Subject: RE: BS: 10 year old rapists get coddled
There were two doli incapax rules. The irrebuttable presumption of innocence conclusively presumed that a child below the age of ten could not have criminal intent.

There used to be a rebuttable presumption of innocence, applying to children from 10 to 14. This required the prosecution to prove that the child knew what it had done was wrong.

The latter rule was abolished in 1998.

The former rule is also wrong. There may well be an age below which a child knows no wrong, but surely we all have met knowing little villains who exploit the immunity up to the age of 10. The simple answer would be to remove the rule and permit the child to prove that it did not know that what was done was wrong.