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11-year-old dropped from carnal abuse case

Published:Monday | October 6, 2008 | 1:02 PM

The crown is expected today to drop the charges against one of four schoolboys who pleaded guilty last week to carnal abuse.



The charge is being dropped because the 11-year-old should not have been charged based on the rules established in the Child Care and Protection Act.



The act prevents the state from charging or convicting any child under the age of 12 years old for any offence, including murder.



It is still unclear how the blunder slipped by court officials, members of the police force and the lawyers involved in the case.



Last week, the boys who range from age 11 to 14, pleaded guilty in the home Circuit court and were scheduled for sentencing today.



The court was told that the boys were arrested and charged after a 13-year-old was sexually assaulted, twice.



The accused and the complainant attend a junior high school in downtown Kingston.



Five boys, including the accused, took the girl to a house near to the school in January and three of them sexually assaulted her.



The offence was committed again in February by five boys including the four accused.



A rumour surfaced at the school and when the guidance counsellor investigated the matter, the girl admitted that the boys had sexually assaulted her.