Call for DPP discretion in underage sex cases

A LEADING young people’s organisation has called for judges and the Director of Public Prosecutions to be given discretion as to whether to prosecute and convict in cases of underage sex.

Youth Work Ireland (YWI) said the law should be strictly applied where there was an age difference of two years or more between a pair engaged in underage sex or where there was an imbalance in power because one party had greater authority or influence over the other. For all other cases, a degree of leeway should be allowed, the group suggested.

“These are complex and difficult legal situations where black and white may not always apply,” said the organisation’s director of central services, Michael McLoughlin.

“Keeping the law reasonably strict but providing leeway for the many situations that may arise seems to be the best way forward.”

YWI, formerly called the National Youth Federation, made the call in a submission to the special Oireachtas Committee on Child Protection, set up in the wake of the ruling last May that the law on mandatory guilty pleas in underage sex cases was unconstitutional.

The submission says the Constitution should be amended to include a wide-ranging article which would allow the law to be applied in a manner sensitive to the under-18s and their best interests.

The organisation is concerned that the law, if strictly applied, can see the male partner in a teenage couple facing criminal prosecution for having sex with a consenting girl of similar age.

“While we do not wish to encourage widespread sexual activity between teen- agers, particularly younger teenagers, we do believe it is important not to criminalise such behaviour, if it occurs in the context of a relatively even match in maturity, age and generation,” the submission states.

It continues: “We believe that in general young people under the age of 18 should not be subject to full blown criminal proceedings except in the most exceptional circumstances.”

YWI backs the current age of consent, which is 17 years, and calls for equality in the way boys and girls who flout the law are treated. Currently, the bias is towards prosecuting boys.

“The gender differences, while somewhat understandable, need to be removed. The gap in the ages should allow for exploitative behaviour to be outlawed regardless of gender.”

*Submissions from the public are being accepted up to August 31 to the committee at Kildare House, Kildare Street, Dublin 2 or [e-mail].