Commentary
It was widely reported on Aug. 3 that a man in New Zealand accused of sexually abusing two girls, aged eight and 12, relied on a New Zealand law in his defence stating that a person under 16 can consent to sexual intercourse.
The accused, Tulisi Leiataua, denied the prosecution’s allegations of rape, indecent acts, and sexual violations, while arguing that the sexual relationship with the 12-year-old girl was consensual. He even claimed that, even after rejecting her advances, she continued to pursue him, and therefore, the sexual relationship could not be characterised as rape.
The judge, Richard Earwaker, said in his (rather confusing) instructions to the jury that “Legally, a person under 16 cannot give consent for charges of indecent acts, therefore as a jury, all you need to decide is if the indecent acts took place.”…