Charges against Perth boy, 11, accused of raping 8-year-old dropped

An 11-year-old boy from Perth accused of sexually assaulting an 8-year-old boy at knifepoint has been freed from charges on psychiatric grounds. He pleaded guilty to raping and threatening to kill the alleged victim at a park.

The accused, who turned 11 years old on Thursday, was charged with one count of sexual penetration of a child and one count of threatening to kill the victim in December. Both charges were dropped Friday following the boy’s appearance at the Perth Children’s Court.

Magistrate Andree Horrigan ordered a psychiatric report on the child after raising concerns whether the accused understood the legal process. The Department of Public Prosecutions, taking into account the result of the psychiatric report, said on Friday that it had decided not to continue with the case.

Horrigan said the report has revealed that the accused was not fit to plead to the charges and stand trial. The boy would also have a defence under Section 29 of the criminal code if the case had proceeded. The section states that children under the age of 14 is not criminally responsible unless it can be proven that he had the capacity to know that he should not be doing it at the time of the act.

“People who fall into this category should not be criminalised notwithstanding how serious the matter is and the matter should be discontinued,” the magistrate said. A representative from the Department of Child Protection told the court that the department was working to support the boy and his family.

The accused was released on bail following being charged. He was allowed to return to his primary school under constant supervision but was removed after outcry from parents. The ABC reports that the parents were not informed about the alleged attack until months later. Both the accused and his alleged victim cannot be named for legal reasons.