Children's charities have reacted with anger after a window cleaner who raped a 10-year-old girl was jailed for two years.
Keith Fenn, 24, will be free in four months after a judge said the girl had appeared older than her actual age.
The charity Kidscape accused Judge Julian Hall of "trying to find excuses" and said a child must never be blamed.
Attorney General Lord Goldsmith is to decide whether the sentence should be appealed as 'unduly lenient'.
Judge Hall had said that the sentencing had been the most difficult decision he had ever made, but the girl had appeared to be 16.
She was attacked by Fenn and an accomplice in a park in Henley-on-Thames, South Oxfordshire on 14 October last year.
Moral dilemma
Oxford Crown Court heard that Fenn removed her clothes and raped her, while an accomplice, Darren Wright, 34, took her home and sexually assaulted her.
The judge said in sentencing he faced a moral dilemma as the fact they had sex within 45 minutes of meeting was an absolute crime.
But he said the girl had dressed provocatively and looked like she was 16.
He gave Fenn concurrent two-year and 18-month sentences, but he will be free in eight weeks after serving eight months in prison awaiting sentence.
Wright is already free as Judge Hall had already given him a nine-month sentence for inciting the girl to perform a sex act.
'Back to the 1950s'
Dr Michele Elliott, director of Kidscape said the decision had left her "lost for words".
She said: "It takes us back to the 1950s when the victim was blamed if they were dressed provocatively.
"No one in my opinion could mistake a 10-year-old child, even dressed up, for a 16-year-old. They are just trying very hard to find excuses.
"You can never blame a child victim for sexual abuse when excusing the abuser of any kind of abuse."
The NSPCC added: "There is no excuse for having sex with a 10-year-old, no matter how she dresses."
A spokesman for Lord Goldsmith said he had asked the Crown Prosecution Service to send him the papers on the case, and would consider whether or not to refer the sentence to the Court of Appeal as "unduly lenient".
He has 28 days to make a decision.
2007-06-25 03:06:09 · 18 answers · asked by arlvsrf 1 in Politics & Government ➔ Law & Ethics
Rape is an intolerable crime and should be punished severely whatever the age. This country is too soft and it's judges all seem to be suffering from senility. Women (girls) being blamed for dressing provocatively is a crap excuse, going down that road surely every page three girl in the Sun should expect to be raped daily and the rapist let off. It's about time the general public made their feelings felt. I think we should ALL see our local MPs and make it clear that they must do something about it.
2007-06-25 03:25:35 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Right. Sorry to let some facts spoil a good outrage, but here goes.
The sex was consensual. It was statutory rape because of the girl's age, not because of any force being used. The doctors who examined the girl also believed she was aged about 16.
However, the very best you can say about these men, is that they were at least indifferent to her age and they must have considered the possibility that she could have been under age. They deserve a much longer sentence than they have been given.
The saddest thing of all is how this child has been failed by parents, authorities and the whole of society. Other articles on this case suggest that this girl was no stranger to sexual activity, and we really must ask the awkward questions about how this situation can be allowed to happen in the first place.
2007-06-25 17:15:14 · answer #2 · answered by Anonymous · 1⤊ 0⤋
In my opinion,this judge should be disbarred as no one in their right mind could ever mistake a 10 year old for 16 not matter how she was dressed!I know no 10 year old with breasts and pubic hair so the men involved must have known the age of the girl.It makes you wonder how many child molesters are looking after each others interests? Hopefully their fellow inmates will mete out the punishment the law wont.
2007-06-25 10:16:14 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Hopefully. Lord Goldsmith will, (in complete contrast to most of his dubious decisions in office to date), do the right thing and find this sentence unduly lenient - this person deserves considerably longer in jail for this despicable offence and, whilst I support the judiciary in general, the judge who heard this case is giving the criminal justice system an extremely bad reputation.
2007-06-25 10:20:48 · answer #4 · answered by . 4 · 1⤊ 0⤋
Thats hard to believe, but that must have been one very mature looking 10 year old. But still, there is no excuse, even if 16, she is a minor in most states isn't she? And even if she is of age, wasn't she raped?
2007-06-25 10:14:37 · answer #5 · answered by booman17 7 · 0⤊ 0⤋
I am so glad they are looking into this case. think it is outrageous. This child has been let down, not only by her parents and society, but by the courts.
The girl was wearing a strappy top and jeans. In what way was it provocative? And even if it was, she was 10 years old! I don't care how much makeup she had on, you speak to a child and you know they are ten years old.
2007-06-25 10:11:56 · answer #6 · answered by True Blue Brit 7 · 4⤊ 0⤋
Rape of any kind is disgusting. However, I've seen 8 year olds that look 18. It's frightening, but it happens frequently. There's a reason I always take my dates to a private club where they MUST show ID to get in the door....
2007-06-25 10:26:22 · answer #7 · answered by cyanne2ak 7 · 2⤊ 0⤋
It does not matter how old or young she looked or what she was wearing, it was still rape and that is totally wrong. They should be put inside for many years. It would be interesting to see what these judges would do if it was one of their relatives that got raped.
This judge should be struck off and not given any pension.
2007-06-25 10:18:06 · answer #8 · answered by Jim 5 · 2⤊ 0⤋
The victim shouldn't be blamed for how she dressed - it should be the parents for allowing her to dress as she did. Too often little kids are dressing much older than what they are and it is ridiculous and parents need to take control.
Either way, both perpetrators should receive the most extreme punishment.
By the way, I think the person below me is a bit mistaken...I was already developing breasts when I was 10 (and received hell from the boys for it) and if I recall correctly already developing annoying hair in most areas.
2007-06-25 10:15:48 · answer #9 · answered by Sunidaze 7 · 3⤊ 1⤋
It doesn't matter whether she looked 10 or 40, forced sex is still rape and 9 months is a lenient sentence regardless!
Disgusting.
2007-06-25 10:21:38 · answer #10 · answered by linzlou83 2 · 2⤊ 0⤋