ABSTRACT
The child or young person is never held responsible for his wrongs. This concept of family or group responsibility is posited on the notion that until a person is an adult which is the age of responsibility, the family to which he belongs is legally responsible for his actions.[1] In light of this the criminal law is drafted such that a 12 year old being is incapable of rape. The law also makes this an irrebuttable presumption. For the reasons outlined in this work; the writers opine this to be an unrealistic approach in the way that, the physical development of a male child does not, in reality preempt him from having carnal knowledge. The writers also aver that the cognitive factor of a minor’s capability to understand his offence should be given paramount consideration. It is on this basis; it is submitted in this work that, to reduce the occurrence of the offence of rape, a strict deterrent is to be placed on the crime for all offenders and so while a child may not be convicted for the offence of rape, such a child may be convicted of offences which have a lesser punishment than the offence of rape[2] and therefore law makers should consider appropriate amendment for the provision of law.