UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

[Legally Bland]

Thanks Alyce, I'll just post this for clarity (from July):

The youngster's dad, Robert MacPhail, also attended the service.

His girlfriend Toni McLachlan paid tribute to the "bright and bubbly" girl during the funeral, saying: "Sleep tight, little angel."

Tragic girl, 6, who was 'raped and murdered' is laid to rest in pink coffin

 

[Tortoise]

He must be claiming he was there and witnessed it to be naming someone, hence the special defence of incrimination I would think.

 

[mrazda71]

What a load of bull ... this is going to be a 'what the heck' defence!

 

[JerseyGirl]

Boy, 16, goes on trial accused of murdering six-year-old girl on Bute

Teenage boy blames woman for 'rape and murder' of Alesha MacPhail on Bute

 

[Kasmeer]

That's an interesting one... so, assuming there is evidence leading to the rape charges (if not, I imagine they wouldn't have been brought), how exactly does blaming a woman work? For those not in the UK, over here, rape can only be committed by a man, due to the legal definition specifying the involved body part; and I Googled Scottish law to make sure it's the same:

Rape is defined as follows:[10]

Rape

(1) If a person (“A”), with A's penis—
(a) without another person (“B”) consenting, and
(b) without any reasonable belief that B consents,
penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape

Sexual Offences (Scotland) Act 2009 - Wikipedia

So, if there's any evidence at all that she was raped, blaming a woman is fairly obviously not going to work too well (even IF she committed the murder, there must have been a male accomplice), unless there is something very unusual about her which has not yet come to light (basically, I know transgender and intersex exist, but it's a really low chance of her just happening to fit either of those situations...)

Hope this comment is OK: she has been named in court as a "suspect" and I am saying why I think it is very unlikely, so am not trying to be breaking any rules about victim-friendliness or anything like that...

 

[Alyce]

The jury was told that a hand print belonging to the accused was found on a chair rail leading upstairs at a house in Rothesay, above steps ten and 14, on July 11.

Teenager, 16, goes on trial accused of raping and murdering a six-year-old girl | Daily Mail Online

 

[Alyce]

The indictment states he took off Alesha's clothes, shook her violently before placing his hands over her nose, mouth and around her neck.
The boy is said to have "applied pressure" to her face, inflicted injuries by "means unknown" with prosecutors alleging he went on to rape and murder Alesha.

Is there something in this wording which might explain the not guilty plea ? or am I reading it wrongly.
Is the Defence saying that their client claims a woman murdered Alesha - but they are not addressing the rape allegation at all ?

 

[mrazda71]

That's an interesting one... so, assuming there is evidence leading to the rape charges (if not, I imagine they wouldn't have been brought), how exactly does blaming a woman work? For those not in the UK, over here, rape can only be committed by a man, due to the legal definition specifying the involved body part; and I Googled Scottish law to make sure it's the same:



So, if there's any evidence at all that she was raped, blaming a woman is fairly obviously not going to work too well (even IF she committed the murder, there must have been a male accomplice), unless there is something very unusual about her which has not yet come to light (basically, I know transgender and intersex exist, but it's a really low chance of her just happening to fit either of those situations...)

Hope this comment is OK: she has been named in court as a "suspect" and I am saying why I think it is very unlikely, so am not trying to be breaking any rules about victim-friendliness or anything like that...

I think 'suspect' is the wrong word to use ...

Delusional scapegoat maybe fitting but she's not a 'suspect' in any shape or form.

 

[Kasmeer]

I think 'suspect' is the wrong word to use ...

Delusional scapegoat maybe fitting but she's not a 'suspect' in any shape or form.

Agreed, I used quotes to indicate my skepticism! However as she's been named, I assume it's allowed (based on the Chris Watts precedent of letting members discuss his defence of "Shannann killed the children") to discuss it at least to the extent of saying why I think it's a load of rubbish Poor woman is all I can say, to have that kind of accusation aimed at her, however unlikely, must be a horrible thing to deal with.

 

[Ironside]

I have a feeling that forensic evidence is going to blow this guys defence out of the water.

If I'm correct and he is found guilty he might get the longest sentence given to a child ever in Scotland.

 

[mistivon]

So wait...in America you can have a rape charge if an object is used, isn't that right? What would that charge be in the UK?

 

[mrazda71]

Agreed, I used quotes to indicate my skepticism! However as she's been named, I assume it's allowed (based on the Chris Watts precedent of letting members discuss his defence of "Shannann killed the children") to discuss it at least to the extent of saying why I think it's a load of rubbish Poor woman is all I can say, to have that kind of accusation aimed at her, however unlikely, must be a horrible thing to deal with.

Not saying it can't or shouldn't be discussed - just saying - she's NOT a 'suspect' ...

 

[Ironside]

So wait...in America you can have a rape charge if an object is used, isn't that right? What would that charge be in the UK?

Sexual assault.

Here is an example
Woman convicted for impersonating man to dupe friend into having sex

 

[bluebird69]

I personally am disgusted that this (only just still a) child cannot be named but a presumably innocent person a couple of years older has been named by his defence.

 

[Kasmeer]

Not saying it can't or shouldn't be discussed - just saying - she's NOT a 'suspect' ...

Well I'm sorry I'm not perfect at wording things, perhaps I should have used "accused" instead but it's not a situation that I've heard enough times to know the correct legal term and had hoped my meaning was clear enough. Really I'd hoped my overall point regarding it being impossible for a woman to commit rape was more worthy of discussion than a slightly poor choice of one word...

 

[JosieJo]

Do the injuries unknown indicate "rape type" injuries? But with an object

 

[mrazda71]

Well I'm sorry I'm not perfect at wording things, perhaps I should have used "accused" instead but it's not a situation that I've heard enough times to know the correct legal term and had hoped my meaning was clear enough. Really I'd hoped my overall point regarding it being impossible for a woman to commit rape was more worthy of discussion than a slightly poor choice of one word...

No need to get the hump, no offence to you was intended - just pointing out that it's wrong to refer to her as a 'suspect' when she's not and, as Bluebird69 says ... its disgusting that she's been named by some of the media!

 

[Alyce]

Do the injuries unknown indicate "rape type" injuries? But with an object

Possibly....
That was what I was thinking re his defence accusation against a female.

 

[Tortoise]

Do the injuries unknown indicate "rape type" injuries? But with an object

It's 'injuries by means unknown'.

They say he disposed of a knife and showered to remove blood from his body.

 

[JosieJo]

Was just wondering if its these types of injuries they refer (as in that part of the body ) and the indictment states unknown how will the prosecutor prove rape ...if that makes sense?