"A paedophile who raped a ten-year-old girl will be free in just four months after a judge said his young victim had dressed provocatively. Window cleaner Keith Fenn, 24, could have been jailed for life after twice attacking the girl in a riverside park,"
screams The Daily Mail this morning. Mr Fenn it transpires, had pleaded guilty to two counts of rape involving a ten year old girl. His co defendant Darren Wright, who had encouraged the commission of the offences, received a prison sentence of nine months after pleaded guilty to inciting the girl to engage in sex acts. Paedophile, rape and attack are very emotive words. One can imagine that even at this moment some dark shadow in government will be moved to draw plans to impose obligatory life-sentences for anyone convicted of rape involving a child under the age of sixteen years. No doubt a stiffening of the law in such a manner would please Dr Michele Elliott of Kidscape who is reported by The Daily Mail as saying,
"This sentencing is beyond pathetic, it is utterly derisory. For the judge to say that the way she was dressed in any way excuses a 24-year-old man having sex with her is disgraceful and ridiculous."
The NSPCC is reported to have added its two-pennies' worth,
"There's no excuse for having sex with a ten-year-old, no matter how she dresses."
Even the most cursory examination of the facts related by The Daily Mail (and better still the original Oxford Mail report) show why the Judge was entitled, indeed obliged by justice to impose a short, rather than long, term of imprisonment. The defendants thought that the girl was sixteen years old. It appears that the Crown accepted that presumption as being not unreasonable. Mr Fenn was guilty of rape because as a ten year old, the Law deems the young girl involved as not being able to consent to sexual activity, thus notwithstanding that her involvement was consensual and not forced (in the true sense of the word) upon her, it was illegal. The defendants did not realise that they were committing criminal offences. Nevertheless, that illegality has resulted in the defendants being sentenced to terms of imprisonment. Harsher sentences would have been unfair. His Honour Judge Julian Hall did justice to the case.
Oxford Mail - Judge claims paedophile victim 'dressed provocatively' - George Gaynor
Judge's mercy for the man who raped 'provocatively dressed' girl of ten