Girl (8), accuses 2 boys (10+11) of rape. Girl recants story, says she made it up because she was worried about getting in trouble. Boys convicted of attempted rape.

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May 24, 2010, 9:14:15 PM5/24/10
to False Accusations of Sexual Abuse or Rape
Girl (8), accuses 2 boys (10+11) of rape. Girl recants story, says she
made it up because she was worried about getting in trouble. Boys
convicted of attempted rape.

Two boys guilty of attempted rape charges in London

Two boys aged 10 and 11 have been found guilty of attempted rape of an
eight-year-old girl in London.
But they were cleared at the Old Bailey of raping the girl near her
west London home.
The girl had alleged she was raped in a field in October 2009. She was
taken to hospital complaining of stomach pains.
The boys, who were both 10 at the time and cannot be named, had each
denied two charges of rape and two of attempted rape of a child under
13.
The boys, who will not be sentenced for at least another eight weeks
to allow reports to be prepared, were given bail.
The jury of six men and six women were given a majority direction from
the judge, Mr Justice Saunders.
The boys were found guilty of attempted rape by majorities of 10 to
two.
They were convicted of two counts of attempted rape and cleared of two
counts of rape.
After delivering the verdict, the judge told jurors: "It was an
extremely difficult case. No doubt it was traumatic for you to some
extent as well to hear this case."

Turning to the defendants, he said: "There is little I can say which
would make either parents or boys feel better, but the welfare and
best interests of the children have a high priority in any sentencing
procedure."
Both boys were ordered to register as sex offenders, although the
judge said he was "not quite sure" how this applied to children of
their age.
Prosecutors told the trial that the boys had approached the girl when
she was playing with a friend.
The jury heard that she was taken to a block of flats, a bin shed and
a field.
The girl's mother told the court she had found her daughter with the
boys near a field after another child said the pair were hurting her.
But barristers for the boys, among the youngest to be prosecuted for
rape, said the pair had only been playing a game like doctors and
nurses.
When she was cross-examined earlier in the trial, the eight-year-old
told the court she had lied to her mother about what had happened
because she had been "naughty" and was worried she would not get any
sweets.

Looked exhausted
Mr Justice Saunders previously refused pleas from the boys' barristers
to throw out the case after the girl admitted she had not been
truthful about some of her evidence.
He said that the girl had been consistent in what she told adults,
including police and doctors, soon after the incident and said she had
looked exhausted at the end of her evidence.
After the trial, Alison Saunders, chief Crown prosecutor at the Crown
Prosecution Service London, said the allegations made by the young
girl were "very serious" and the decision to prosecute "was not taken
lightly".
She said: "She had given a clear and compelling account to the police
and her account was consistent with the medical evidence and with the
accounts given by other witnesses to the police."

Det Ch Insp Peter Holdcroft said: "This was a very complex
investigation involving a very young girl but throughout the
investigation, her accounts remained consistent.
"I would like to thank her for her courage in coming forward to the
police."
NSPCC lawyer Barbara Esam said: "Research has shown that many young
witnesses don't understand the questions they are asked under cross-
examination so we believe a pre-recorded interview - with the help of
an intermediary in appropriate cases- to be a much better option.
"Sadly, we still have a way to go to make sure courts work in the best
way for children - both defendants and witnesses - who will be
frightened and need support all the way through the judicial process
if they are going to give their best evidence."
The judge invited those involved in the case to make observations
about how it had been conducted.
"That is not to indicate that there is anything wrong, but we should
do everything we can to improve how we deal with these things by
looking at the lessons that we can learn," he explained.

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