The schoolboy and the baby are now both believed to be in care and Justice Minister Judith Collins has said
she will look into present legislation which makes it impossible for a woman to be accused of rape.
She said the case raised an ‘important point’, adding: ‘I will seek advice from officials on whether or not a law change is required,’ The Weekend Herald has reported.
The current law states only a man can be accused of rape when they force sex. Women who have sex without consent can be charged with sexual violation. Both carry a maximum sentence of 20 years. Child Youth and Family confirmed it was dealing with a case at the school which was going before the courts. The paper has reported the boy approached his principal about two-thirds of the way through the 2012 school year.
The contact is understood to have started in April last year when the boy and his friend took a day off school. They spent the day at thefriend’s home where the woman gave the boy alcohol and took part in a sexual encounter with him.
It is understood the contact lasted for a number of months and the boy had turned 12 by the time the child was born.
A CYF worker, who has since retired, told the paper the agency was involved in the case, adding the police would also be making inquiries, although the woman denied the sexual contact.
Ken Clearwater, manager of Male Survivors of Sexual Abuse, said if the allegations were true the woman should be held accountable, adding the gender-dependent laws should be changed. Meanwhile, family lawyer Jeremy Sutton said the boy would not have rights to the child unless he was present at birth and that he would have to make a case for access.
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