AphidX said:
Unless she was pass out drunk (something no 11 year old should ever be)
why is the boy being charged with rape? I mean neither of them are adults so it's not statutory and it's just as much her fault as his!
Because under English law a child that age CANNOT consent to sexual activity. Period. End of story. Therefore any sexual activity is nonconsensual, hence, rape.
Also, you're misunderstanding what statutory rape actually is. It's not a participant's status as an adult that makes sexual activity statutory rape. It's all about whether or not one (or both) of the participants is
legally incapable of consenting to the sexual activity. I'll give a few examples (all using Florida laws, since I know those without looking them up):
1) Two 15 year olds have consensual sex. This is legal because there is no statute that prohibits it.
2) A 21 year old and a 16 year old have consensual sex. This is illegal because a 16 year old is legally incapable of consenting to sex with a person 18 or over.
3) A 21 year old and a 17 year old have consensual sex, This is legal because a 17 year old CAN consent to sex with a person 18 or over.
4) A 25 year old has consensual sex with a 17 year old. This is illegal because a 17 year old cannot consent to sex with a person 25 or older.
5) An 11 year old and a 15 year old have consensual sex. This is illegal because an 11 year old is deemed legally incapable of consenting to any sexual activity whatsoever.
The reason why only the boy is being charged is because a 15 year old CAN consent to sexual activity (just not with an adult). Hence, since he did consent, the girl is not guilty of statutory rape.