Supreme Court strikes down underage sex law

[michael1965]

I heard on Newstalk this morning that the Supreme Court judgement actually prevents any prosecutions based on this law going ahead (and around 7 cases currently in the courts may be thrown out) - but that the Supreme Court had the option to allow those prosecutions to continue, with the 'ignorance' defence allowed.

Can anyone confirm or clarify this?

That sounds like the legislature running for cover (or somehow blaming the supreme court for the situation). Look at Stringjack's quote from the judgement above. The court found that the section of the act was unconstitutional in several respects, not just on the particular issue of "reasonable belief" and choosing one remedy as suggested by the respondent, from among a number of possible options, woud involve the court in effecitively making legislation, which is the job of the Oireachtas, not the courts.

[OneHumpNotTwo]

Just read the Supreme Court judgement

Here

Please condense long links - Mod

Seems to be a well reasoned and just decision

[CJH]

Is it true that only a man can be charged with statutory rape in this country?

As a perpetrator, yes. I believe a woman could be charged as an accomplice.

I'm a bit confused about all of this. The SC have (I think) struck down the strict liability element of unlawful carnal knowledge, as set out in the 1935 Act. This offence relates to any male having sex with a girl under 17, not 15. Now, the penalties for having sex with a girl under 15 (life) are much higher than having sex with a girl aged 15 or 16, but the basic offence still exists. Yet all the comment has only been about how the decision relates to having sex with a girl under 15. Can anyone explain?

You're right. They could have charged him under section 2 of the act, since the age of consent is actually 17. But there is a limitation of 12 months in that section, so I think it is too late to charge him now.

Yes, there was a very clear explanation of the whole situation by Carol Coulter today in the IT. Section 2, relating to 15 and 16 year old girls, still stands, but Coulter said this was an anomoly that would have to be addressed. Furthermore, contrary to what Libero suggests above, it appears that the whole of section 1 is gone, so at the moment, it is legal to have sex with a girl under 15, but illegal to have sex with a girl aged 15 or 16

[campbeca]

The high court just released a 40 year old man who had sex with a 12 year old girl following the ruling.
There's an argument for the death penalty I had never thought of before.


My God the law is an ass

[Gladstone]

Seems they are gonna make the age of consent 16 and have aproximity clause for people who are say 15, who can legally have sex with something within say a year of their own age, thus preventing the 30 yeard old with a 12 year old scenario above.

As for deciding if someone is liable for knowing or not knowing someone was under 16 when the new law comes in, it seems to me maybe this should be left up to a jury to deicde case by case weither they beleive the defendant in question knew their age or not.

Whats the alternative, ask for a passport?

[rover]

The high court just released a 40 year old man who had sex with a 12 year old girl following the ruling.
There's an argument for the death penalty I had never thought of before.


My God the law is an ass

Enda Kenny said this in his ard fheis speech
"Ireland is losing faith with a legal system whose first priority is to protect the rights of the minority – the criminals. I want to change that system, so that its first priority is to protect the rights of the law - abiding people, us, the majority"

The papers told us he was mad. after this disaster it looks like he was totally right

[Gladstone]

Yet FG don't have a clear position on this....

thats what happens when you have both social liberals and social conservatives in the same party

[Simbo67]

That 38 year old who plied the 12 year old with alcohol and then had sex
with her has been released as the law that he was convicted of break no
longer exists. It is now legal to have sex with an underage child if he/she
consents. Looks like the appalling vista has come to pass.

[FutureTaoiseach]

Today's ruling is a scandal, as is the Dail taking next week off because of the Bank Holiday. The Dail should sit in emergency session to deal with this issue.

[campbeca]

The high court just released a 40 year old man who had sex with a 12 year old girl following the ruling.
There's an argument for the death penalty I had never thought of before.


My God the law is an ass

Enda Kenny said this in his ard fheis speech
"Ireland is losing faith with a legal system whose first priority is to protect the rights of the minority – the criminals. I want to change that system, so that its first priority is to protect the rights of the law - abiding people, us, the majority"

The papers told us he was mad. after this disaster it looks like he was totally right

That's a classic trademark vaccuous Enda platitude.

I don't see a connection between the two. Enda is a nice guy who listens a bit too much to PR people as FG are ideologically centrist- FACT