Ahern ‘kite-flying’ with rape law referendum call

FOREIGN Affairs Minister Dermot Ahern was accused of “kite-flying” last night after suggesting that the statutory rape law could be restored by way of a public vote.

Mr Ahern said he had consulted Attorney General Rory Brady on the issue, whose advice was that the Constitution could be changed to restore the law if the electorate so decided in a referendum.

The referendum would effectively abolish the defence of honest mistake in underage sex prosecutions.

But a spokeswoman for Taoiseach Bertie Ahern later emphasised the minister’s suggestion was a personal one, rather than something being actively considered by the Government.

Labour leader Pat Rabbitte accused the minister of trying to distract attention from the Government’s handling of the affair.

“The minister is clearly kite-flying without official Government sanction,” Mr Rabbitte said. “And he is seeking to distract attention both from the hopelessly inadequate initial Government response to this issue and from the serious flaws we have highlighted in the Government’s eventual legislation.”

The crisis came about after the Supreme Court struck down the statutory rape law as unconstitutional because it didn’t allow the defence of honest mistake about an a victim’s age.

Last Friday, the Government rushed through emergency legislation aimed at addressing the issue. It allows for a defence of honest mistake, but, as a result, means a victim could face cross-examination in court.

Mr Ahern’s suggestion was that a referendum could abolish the defence of honest mistake and return the law to its previous position. That would mean victims would not have to endure cross-examination.

The all-party Oireachtas committee, which is expected to be established shortly to examine the issues surrounding statutory rape could consider the feasibility of such a referendum, he indicated.

But Mr Rabbitte said the minister was simply trying to deflect criticism for the debacle onto the Supreme Court.

“It is quite clear, the Government itself that is at fault,” he said. The suggestion of a referendum was an “irrelevant distraction”. Instead, two issues now had to be addressed, he continued.

“First, we need a credible independent inquiry into the handling of this case. We need accountability as to who knew what and when. And, if [the Government] did not know in time, we need to know why not,” he said. “Second, we need a proper review of the law on sexual activities involving young people. Those laws must provide a comprehensive protection for children against the disgusting and vile predations of sexual abusers.”

But he stressed that the laws should be “framed rationally”, in contrast with Friday’s emergency legislation, in which flaws had already emerged.