A boy from Brighton raped a girl, who treated him like a brother, when he was 13 years old.
The boy, now 14, wept as he was found guilty at Brighton Youth Court this morning (Tuesday 28 November) by District Judge Tessa Szagun.
He pinned her down on his bed during a sleepover and raped her despite her protestations.
The attack lasted little more than a few seconds although it was more than two months before the offence was reported.
But the judge said: “I do not find that I have any doubt that he acted on that evening in the way described.”
She said that all sentencing options should be kept open, including the possibility of the case being sent to the crown court, with the prospect of a custodial sentence.
The judge dismissed the prosecution’s suggestion that the 14-year-old victim had fabricated the claim because she had a crush in the boy but had been snubbed by him.
She said that the girl’s evidence was compelling, heartfelt and genuine.
Nothing should be read into the time lag between the attack and the victim telling her family and the police about what had happened.
Sarah Tate, defending, had cast doubt on the allegation as it was unsupported by DNA evidence.
But the judge said: “The DNA evidence does not assist the prosecution in their case although it does not preclude their case.
“I have noted the number of inconsistencies drawn to my attention.
“These discrepancies and inconsistencies are minor and in the substantial allegation (the victim) has been consistent.”
If it had been fabricated, it would have had to have been an extremely devious and well thought through plot, the judge said.
The judge accepted that the rules governing the police interview had been broken but did not believe that it altered the facts of what had happened in June last year.
She reminded the court of text messages between the pair saying things along the lines of: “Why did you tell your friends you lost your virginity when it wasn’t like that one bit?
