His excuse? He thought she was 13 and that she gave him her consent.
(NPT) A perverted teenager caged for impregnating a 12-year-old girl behind his wife’s back within a year of entering an arranged Muslim marriage has failed to win a cut in his sentence.
The 17-year-old youth, who cannot be named, said he thought his victim was 13 and had consented to sex after tests proved her unborn baby was his.
He was jailed for seven years at Peterborough Crown Court in January after he pleaded guilty to rape of a child under 13 and two counts of possession with intent to supply class A drugs.
Senior judges at London’s Court of Appeal rejected a sentence challenge saying his punishment was “in no way” excessive.
Mr Justice Openshaw said: “At the time of the offence the youth was aged only 16. Despite his youth he had been married under Muslim law.”
Within months, however, the 12-year-old girl told her family she had been made pregnant by him. She went through the painful experience of an abortion and DNA tests proved the youth was indeed the father, the appeal judge added.
The Peterborough youth was arrested and admitted sexual contact with the girl, but claimed to have believed she was 13 and said no force or threats were used on her. However, Mr Justice Openshaw observed: “A 12-year-old girl cannot give consent.”
The youth ultimately admitted rape and the drugs offences, which related to two occasions in August, last year, when he was caught by police with heroin.
In an application to challenge the sentence, the youth’s barrister, Ayaz Qazi, argued that the balance of mitigating and aggravating factors merited a shorter jail term.
But the appeal judge, sitting with Sir John Thomas and Mr Justice Stewart, concluded: “The approach to sentencing in this case was carried out with conspicuous care and we are not able to say that the sentence is in any way excessive and the application fails.”
