Supreme Court dismisses teen's appeal against sexual assault conviction for smacking child's bottom

Image: Shutterstock Image: Shutterstock IN A THREE-to-two majority decision, the Supreme Court has dismissed an appeal brought by a teenager convicted of sexual assault after he smacked a neighbouring child several times on the bare buttocks.

The teen is alleged to have pulled down the younger boy’s trousers and underpants and smacked him several times, leaving the child traumatised and vulnerable. Giving the court’s minority decision, Mr Justice Gerard Hogan said that the teen’s conviction of sexual assault should have been set aside and one of assault imposed in its place.Giving the majority decision, Mr Justice Charleton said that there is no requirement for the prosecution to establish that there had been a sexual element to the assault committed.The accused in this case had intentionally assaulted the victim, Mr Justice Charleton said.

“Motive is not ever a component of crime but may be evidence which may help prove a crime or undermine proof of that crime,” Mr Justice Charleton said. “A codification of sexual offences would greatly assist in reducing the potential for serious error in trials of this kind,” he added. Given the ambiguity in this case, he said that the prosecution should have to point to other evidence from which an intention to commit sexual assault can be inferred.

Maybe the prosecutors should have investigated why he thought this was in anyway appropriate- had he suffered this type of abuse- seems a strange thing for a child to do

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