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Court rejects 11-year-old boys' appeal against attempted rape conviction

By Joe Lepper Wednesday, 28 July 2010

The Court of Appeal has dismissed an application made by two 11-year-old boys to appeal against their conviction of attempted rape.

The two boys were controversially tried at the Old Bailey rather than a youth court in May, where they were found guilty of attempting to rape an eight-year-old girl but cleared of rape.

Their lawyers had argued that because the victim had admitting lying during cross-examination the jury should not have been allowed to consider her evidence.

However, Lord Justice Hughes, Mrs Justice Rafferty and Mr Justice Maddison said that the trial judge was right to allow the case to continue even though the evidence was contradictory.

Despite dismissing the appeal, the three judges expressed their concern that the case had been heard in an adult court rather than a youth court.

The two boys are due to be sentenced on 18 August.

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