Man can claim he was mistaken about girl’s age

THE Supreme Court yesterday held that a man charged with “sexual assault” of a 13-year-old girl can claim at his trial that he was mistaken as to the age of the girl.

However, the court by a majority of four to one rejected the argument made on behalf of a second man charged with “unlawful carnal knowledge” of the same girl that he was entitled to plead that he “reasonably believed” the girl was over 15 years of age.

The court left aside for another day a constitutional challenge to a section of the Criminal Law (Amendment) Act 1935 which concerned persons who are alleged to have engaged in sexual activity with underage girls.