DPP indicates support of referendum on statutory rape law

THE Director of Public Prosecutions (DPP) has indicated that he would support a decision by the Dáil to hold a referendum on statutory rape law.

James Hamilton made his remarks in a private meeting with the Minister for Justice, Michael McDowell, and Minister for Children, Brian Lenihan, in which they discussed changes needed in the law relating to sexual offences against children.

He met the ministers and other members of the Joint Oireachtas Committee on Child Protection, which was set up following the collapse of existing statutory rape laws, following a Supreme Court ruling last May that it was unconstitutional.

The DPP urged members of the committee to keep an open mind in recommending to the Dáil that a referendum should be held on statutory rape law.

He said he would favour a reduction in the age of sexual consent from the current age of 17 and that he would be in favour of keeping the legal age of consent different for males and females.

Meanwhile, a member of the Law Reform Commission has questioned the basis of the Supreme Court so-called “CC Case” which led to the collapse of statutory rape laws.

Professor Finbarr McAuley had been appointed by the Government as a special rapporteur to advise the committee.

Prof McAuley said: “The basic question on which the CC case rests is at least open to question.”

He said that if there had to be a defence of mistake of age in any new legislation, then it should be differently calibrated than how it is set.

Prof McAuley told the committee that all 12 existing laws relating to sexual offences should all be consolidated into one single act.

He said: “You need to think seriously about producing a mini-code covering the whole area of sexual offence, including sexual offences against children.”

He said the issue of changing the law should be dealt with by the Law Reform Commission.

“The problems are very considerable indeed and will require a level of analysis that the time frame that you are constrained by may not be possible to achieve,” Prof McAuley said.

Another expert in the area of child law told the committee that the legal age of sexual consent is “especially high” at 17.

Geoffrey Shannon said: “In order to allow for flexibility, both to protect vulnerable minors and vindicate the exercise of normal adolescent sexual conduct, it may be prudent to allow for a lower age.”