Petition updateChange UK law so the person who raped me when I was a child can be convictedThe abolition of doli incapax

Emma DayHarlow, ENG, United Kingdom
Aug 5, 2017
Hi everyone,
As promised, here's an update on where we're at with the case. After an uncountable amount of hours reading UK law, I have discovered that the age of criminal responsibility was never increased to 15 years of age, as I had been told. The 1970 Conservative government set the age of criminal responsibility at 10 years of age and to this day that has never changed.
However, despite being misinformed by the police, they were right in the fact that they cannot convict my cousin and that is because of a historical presumption called doli incapax. Prior to the Crime and Disorder Act 1998, (which abolished the defence of doli incapax) any individual between the ages of 10 and 14 could claim doli incapax in response to alleged allegations. Doli incapax was a presumption that children between the 10 - 14 were incapabable of forming the intent of committing a crime.
Despite arguments for and against doli incapax, it is no secret that it was a rebutable presumption of which the accused could take advantage. In 1993, Jon Venables and Robert Thompson murdered two-year old James Bulger. The court trialling the boys considered the presumption of doli incapax but due to the horrific nature of the crime, it was decided that the boys clearly knew what they were doing and so the presumption was rebutted.
So, as you can see, there is scope for a conviction, but I still need as much help as I can to get this law changed. Although there's hope, my cousin is still protected by this rebuttable presumption and this needs to change.
Thank you to every single one of you who have signed and shared my petition. Please keep sharing to get this petition to as many people as possible. I'll keep fighting this, not just for me, but for every other person who has suffered a similar fate. Let's keep pushing this guys.
Much love, as always,
Emma
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