A Boy aged 15 also known as the defendant in this case, had consensual sex with a young girl aged 12. However the Defendant at the time of intercourse believed that the girl was 15. The police arrested the young boy and he was charged under section 5 of the Sexual Offences Act 2003 with rape of a child under 13. The boy appealed under Articles 6 and 8 of the European convention on human rights.