The 17-year-old student from the western division has been charged with defiling a 14-year-old student because the charge of defilement only applies when the victim is 16 years and under.
This is the case regarding the sex video that went viral on social media.
The first accused, a 17-year-old boy has been charged with one count of abduction of a girl below the age of 18 years and one count of defilement of a girl between the age of 13 to 16 years.
The second 17-year-old boy has been charged with one count of trafficking of obscene publication.
Although some people are raising the question on why the 14-year-old girl has not been charged with defilement and it was consensual sex, the Crimes Act is clear that it is a crime if the victim is 16 years and under.
The Crimes Act states that a person commits a summary offence if he or she unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any person being of or above the age of 13 years and under the age of 16 years. The maximum penalty for this offence is 10 years imprisonment.
The Act also states that a person commits a summary offence if he or she, for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his or her possession any one or more obscene photographs, cinematograph films, or any other obscene objects, or any other object tending to corrupt morals. The maximum penalty for this offence is 5 years imprisonment.
The two 17-year-old boys have been bailed for the sum of $1000 with two sureties.
They are not to interfere with the witnesses, not to contact the victim in any way, a curfew has been imposed on them from 7pm to 6am and a stop departure order has been issued for the two.
The names of the two 17-year-old accused and the 14-year-old victim have been suppressed.
The matter has been adjourned to the 10th of January next year.
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