Two 13-year-old boys will be paid thousands of dollars in costs after NSW Police dropped charges against them over the alleged sexual assault of a six-year-old girl.


The boys were accused of attacking the girl in the toilet block of a primary school on Sydney’s northern beaches between June and August last year, when they were 12 years old.

Both boys had pleaded not guilty to sexually assaulting the little girl while together on three separate occasions sometime between 8am on June 24 and 4pm on July 1.

The girl told authorities one of the boys was ‘putting his privates on mine and going back and forth on them’, a Children’s Court heard in May.

When asked what she thought her privates were used for, the girl responded: ‘I thought they were used to go to the toilet.’

One boy had been charged with four counts of indecent assault and two counts of sexual intercourse with a child under 10.

The other had been charged with one count of sexual intercourse with a child under 10 and three counts of indecent assault.

But a magistrate dismissed the sexual intercourse charges in May and three months later the DPP withdrew the remaining charges.

At the Parramatta Children’s Court on Tuesday, police were ordered to pay costs of $11,315 to one boy and $9746 to the other.

Daily Telegraph reports the charges were dismissed because the court ruled they were too young to understand what they did was wrong.

In dismissing the charges Magistrate Jeffrey Hogg made reference to a recent High Court decision of RP v The Queen where a boy, aged 11, was found to be not criminally responsible for raping his younger brother because the prosecution failed to prove that he understood the “moral wrongness” of his acts.

Under common law a child aged under 14 is presumed to lack the capacity to be criminally responsible for their actions a concept referred to in law as doli incapax.

It is up to the prosecution to provide evidence proving the child did understand the moral wrongfulness of their actions rather than merely thinking their behaviour was naughty or mischievous.

This really does not sit right at all! Do you agree with the ruling?

Share your comments below.

  • Once again another failing of the legal system.


  • Mmm. I have to say I think they probably knew it was wrong.


  • By the time a young boy is 12 he very really knows what he is doing and the wrongness of his actions as well. This is so wrong on all levels.


  • What the hell is this world coming to? The boys who knew very well what they were doing should be punished – not awarded!


  • I’m lost for words. Even besides this case, everyday more and more victims are left with life sentences, whilst perpetrators get away on technicalities or legal loop holes. I seen a comment recently that read: “We have a legal system, not a justice system.” I have to say I quite agree with that comment.


  • This is very disturbing. Not only did their charges get dropped, they are going to be paid for doing that. Whether they knew it was right or wrong they will now grow up believing they can do what they want to whom they want and get paid? Wonder if the judge would have had the same reaction if it was one of their family members who was raped. I feel so sorry for that little girl and her parents for this pathetic outcome.


  • I feel sorry for the little girl and the police. Often the police do all the hard work to catch perpetrators only to have the courts let these people off.


  • so wrong on many levels when the children need to be protected even from each other. this world gets crazier and crazier and way too much pc bs.


  • The charges were dismissed because the court ruled they were too young to understand what they did was wrong ?? This is sooooo wrong !! Of course they know what they are doing at that age !

    • This makes me actually really furious !


  • no i think this is very wrong! obviously both boys knew what they did was wrong: they should have had the book thrown at them! another case of sheer male chauvinism and discrimination….the poor victim is completely forgotten and trivialised. not on.????????????


  • Of course they knew it was wrong. You don’t hide when doing something you think is right, do you? Even the 6yo girl knew it was wrong. No way should the Police pay compensation and the magistrate needs to be taken off these types of cases.


  • They most certainly were old enough to know what they were doing was wrong and this is just condoning their behaviour. I pray to God these boys get proper counselling and do not become rapists (again) or child molesters when they get older.


  • No I don’t agree with the Judge. Kids their age today know what’s going on, they see enough of it on television, if they’re allowed to and some children these days are not as innocent as others would believe they are. The fact that the boy pressed himself against her and did the movement is proof that he knew exactly what he was doing. This adds insult to injury and could cause emotional problems for this young girl in her future. So, they did wrong and they got paid for it, because some stupid judge and stupid law says that they are too young to realise what they were doing. What a load of garbage. Absolutely ridiculous. I feel for the young girl and her parents. Where is the justice, where?


  • I knew not to rape people all my life. The boys at 12 knew. I hope they get therapy so they don’t turn into sexual predators.


  • I don’t agree with ruling,they were old enough to know what they were doing.


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