On May 30, Section 1 (1) of the Criminal Law (Amendment Act) 1935, was found to be unconstitutional. That section had allowed no defence against the charge of statutory rape – i.e. having sex with a girl of under 15. That decision, made in the context of a case involving a 17 year old boy and a 14 year old girl, saw the subsequent release of a 42 year old man who had separately been found guilty of raping a 12 year old girl. Inevitably there was a public out-cry about the prospect of more paedophiles walking free.
Against that background, the government drew up a new bill to amend the existing sex legislation to allow for the defence of an 'honest mistake' where sex with a girl under the age of consent happened. It was a rushed process that, by common consent, did not allow for adequate debate or discussion. The end result is legislation that many consider to be hopelessly out of touch with the real life experiences of teenagers all over Ireland.
Carrying the threat of a possible life sentence for having consensual sex with a teenage boyfriend or girlfriend, the new Criminal Law (Sexual Offences) Bill 2006 has huge implications for teenagers of all ages, and yet no teenager had any say in its making.
- The age of consent was set at 17 (an increase of two years for boys)
- Oral sex was included specifically as a criminal act for anyone under the age of consent
-The claim of consent can can no longer be used as a defense in court.
These and many other questionable clauses were passed into law by the Dail.
Hot Press want you to have your vote on this issue. Is 17 a reasonable age below which having sex (oral sex as well as intercourse) becomes a crime? Should the age of consent be lower – or even higher? Should the age of consent be the same for both boys and girls? Should it be the same for both homosexuals and heterosexuals? Is it different if teenagers are in a relationship or if there is a small difference in age between the boy and the girl?
Fill in our survey on sex legislation and make your voice heard.