Sentence was maximum that could be imposed

UNDER flawed incest laws, the mother-of-six who raped her then 13-year-old son could only be jailed for a maximum of seven years, while a man convicted of the same crime can receive a life sentence.

The 40-year-old was the first woman in the history of the State to be sentenced under Irish incest legislation, which dates back more than a century.

Judge Miriam Reynolds yesterday imposed the maximum sentence of seven years on the woman, who was found guilty of 10 charges, including two of incest, two of sexual abuse and six of neglect and willful ill-treatment and neglect of her children between 1998 and 2004.

Incest is punishable under the Punishment of Incest Act 1908.

Prior to 1993, both men and women could only receive a maximum sentence of seven years if convicted.

However, this was changed in 1993 following the Kilkenny incest case.

The case involved a father who continually raped his daughter over a 16-year period. The public outcry surrounding the man’s seven-year sentence forced the government to amend the legislation, upping the maximum sentence to 20 years.

The law was changed again in 1995, allowing for the maximum sentence of life imprisonment.

However, these changes only applied to men, and a maximum sentence of seven years remained for women convicted of incest. Girls under 17 still cannot be prosecuted for incest.

The Department of Justice yesterday confirmed that laws imposed in June 2006 ensure any person who engages in a sexual act with a child under 15 years can face up to life in prison.

However, the provisions are not retrospective, and as this was only signed into law after the abuse in Roscommon occurred, the mother is not punishable under it.

Speaking on RTÉ’s News at One, solicitor and family law expert Geoffrey Shannon said there was a case for changing the Constitution which tends to emphasise the rights of parents to the detriment of the child.

“It does beg the question ‘do we need to really look at our Constitution’ and we feel very uncomfortable about this. We don’t want to talk about it unless we have cases like the case we are discussing this afternoon.

“There are a number of very limited cases where the family can be a very dangerous place for the child to grow up in and the State has a duty to make sure that those children are protected,” he said.

In his 2007 Child Rapporteur report to Government, Mr Shannon made a number of recommendations — which have not been written into law — that the crime of incest by re-evaluated. He wrote: “Gender neutrality should be imposed on the offence. Although there may be a much smaller incidence of female familial abusers, the law must take account of such situations.

“The offence could also be extended to cover uncles and aunts.”

He also called for a referendum on children’s rights.