R V CRIMINAL INJURIES COMPENSATION BOARD EX PARTE PIERCY  EWHC Admin 359
The Applicant applied for judicial review of a decision of the CICB refusing her compensation for sexual abuse inflicted upon her when she was twelve years old by a nineteen year old man. He had pleaded not guilty. The CICB felt that she had consented to intercourse.
Mr Justice McCullough dismissed the application. He said that the Board were not entirely satisfied that the Applicant had told them all she knew of what happened or that she was entirely frank. They were of the view that some of the evidence lent support to her having consented to what happened, and therefore that no crime of violence had taken place.
Consent given by a girl under the age of 16 to unlawful sexual intercourse or indecent touching was not recognised by the law. It did however follow that to commit either offence against a girl of that age involved the use of violence. The Defendant’s admission that he had intercourse with the applicant did not amount to an admission that he had been violent towards her.