Government to back referendum on statutory rape
A report outlining changes required to the law regarding sexual offences and protection of children, says a referendum is needed to reverse the decision made by the Supreme Court last May that an accused can use the defence of “honest mistake” about the age of a minor.
It’s likely that the electorate will be asked to vote on this, as well as a second amendment to include the express rights of a child in the Constitution.
Justice Minister Michael McDowell said voters will be asked to decide on both issues on child protection in a single referendum.
“I could imagine a child-centred amendment with a number of sub-paragraphs or I could imagine two separate questions being put to the electorate. I don’t think it’s anticipated that there will be two separate referenda taking place. If the public are being asked to deal with the child protection issue, I don’t think we should have them out on a number of days,” he said.
Minister for Children Brian Lenihan said he could not give an indication of when such a referendum would be held, but that a period of consultation would be needed.
The Ombudsman for Children, Emily Logan, said she will work closely with the Government on the issue.
The recommendation to hold a referendum received a broad welcome from child protection groups.
The Children’s Rights Alliance said it is an “important step towards greater protection for children”.
Its chief executive, Jillian van Turnhout, said: “The defence of mistake as to age should never be available. But the referendum must also address the wider issue of child protection in our fundamental law.”
Barnardos chief executive, Fergus Finlay said: “A referendum on the issue would be an important first step to enshrining the full protection of children’s welfare in the Constitution.
“In addition to the specific changes needed to address the issue of honest mistake, there is now added urgency around the Government’s stated intention of holding a referendum on the broader issue of the rights of children. There is no reason why agreement cannot be reached quickly on a package of reforms.”
Children’s groups also welcomed the recommendation that the grooming of children for sexual purposes be made a specific offence.
Director of advocacy with Barnardos, Norah Gibbons said: “Those who use grooming or seduction-type behaviour towards children are the ones most likely to have multiple child victims and to have long-term persistent patterns of behaviour. Tragically, they often groom children using the idea of love.”
