The latest in the run of sex cases with child defendants has seen Jerry Hayes represent the youngest of two brothers accused of raping their sister. The Crown alleged that the defendant (at the time just 12 years old) and his older brother (15 years) raped their sister and sexually assaulted her on numerous occasions. Their sister was just 6 years at the time.

The court heard the complainant’s evidence via a recorded A.B.E interview and video link. The case required substantial legal argument relating to the procedure to obtain evidence from, and the veracity of, young witnesses. This focused on the failure of the interviewing officers to ask the complainant any questions to ascertain her understanding of truth and lies; an essential part of the A.B.E. interviewing process.
After two days of deliberations the jury convicted the elder brother of four counts of sexual assault (two of which were on a different sister) and Jerry’s client of two counts of sexual assault. The jury were unable to reach verdicts on the all counts of rape and were discharged from doing so.