Women to face equal incest case sentences as Government look to close loophole

The Government will change legislation to close off a 21-year-old legal loophole which allows for shorter sentences for women in incest cases.

Under current legislation women found guilty of incest can receive a maximum sentence of seven years imprisonment while men can be jailed for life.

Roscommon/South Leitrim TD Denis Naughten presented his new law in the Dáil yesterday saying the Criminal Law (Incest) Amendment Bill (2013) will address the anomaly and ensure equal treatment for men and women in incest cases.

“Twenty-one years ago there was public revulsion when a man, a so-called father, was sentenced to a maximum seven years for incest in Kilkenny. The Oireachtas acted quickly and increased the maximum sentence within weeks, and revisited the issue two years later”, he told the Dáil.

“Before that individual was due to be released from prison the law had been revised twice, yet here we are, five years after the sentencing of a woman, a so-called mother, still awaiting a change to the law,” said Mr Naughten who was referring to the horrific Roscommon incest case.

In reply the Minister for Justice Alan Shatter said it was important to note that because incest legislation was narrowly defined, it was much less used that other sexual offences to prosecute familial sex abuse.

He said that between 2003 and 2011 inclusive, there were 12 incest court cases which resulted in eight convictions. There was only one conviction for incest by a female. He said the wider criminal law takes a more comprehensive approach to the protection of children from familial sexual abuse.

Independent TD Finian McGrath said while he supported the bill he was “sick and tired” of hearing “chat” from the Government on children’s rights when they “chased” abuse survivor Louise O’Keeffe to the European Court of Human Rights.