Teens to be consulted on age of consent laws

Teenagers are to have a say on the age of consent, it emerged today.

The views of both boys and girls are to be sought on what they consider to be an appropriate age for sexual activity, Minister for Children Brian Lenihan revealed.

He said his decision to include youngsters in the controversial subject will come in tandem with an all-party committee debate on the issue.

The move, announced at the appointment of two special rapporteurs for child protection, follows the emergency passing of the Sexual Offences Bill 2006 earlier this month.

The bill left the age of consent at 17.

“Teenagers are affected by this legislation and have every right to have their views heard on it,” he said.

“This is an issue that affects their lives more than any of those whose views have been aired on the matter. I believe it is important that their voice is heard and that they have a meaningful input into this national debate.”

The latest developments back the Government’s attempt to prevent another political and legal crisis sparked by the Supreme Court’s rejection of a 1935 statutory rape law last month.

The Supreme Court unanimously declared unconstitutional the law under which any man is automatically guilty of a crime if he has sex with a girl aged under 15.

The court made its decision on several grounds, including the failure to allow the defence that a genuine mistake had been made about a girl’s age.

The successful challenge to the legislation was brought by a 23-year-old man.

The experts, Professor Finbarr McAuley and Geoffrey Shannon, will audit legal developments nationally and internationally for the protection of children.

Their roles will involve monitoring and studying legislation, and best practice worldwide.

Appointed by the state for the next three years, they will assess what impact, if any, international court decisions have on child protection. They will report back to the Oireachtas annually.

Professor McAuley holds a Jean Monnett Chair of European Criminal Justice at the University College Dublin and is a member of the Law Reform Commission. His work on law and psychiatry and comparative criminal law has achieved international recognition.

Mr Shannon, a solicitor and the senior lecturer in child and family law at the Law Society of Ireland, is an internationally recognised expert on child law.

Mr Lenihan said both men had complementary skills which will be an invaluable resource for the state.

This is the first time the position of rapporteurs has been used by the Irish Government.

“Recent events have shown the complexity of the law in this area,” said Mr Lenihan. “It touches on both civil and criminal law.

“The Government attaches the highest importance to the protection of all our children. I am confident this will be a very valuable addition to the institutions already in place for the protection of children.”

Professor McAuley admitted he was one of the few people in the state who were aware of the loophole in the 1935 law, but stressed even if he had been in his new role then little could have been done to prevent the events that unfolded two weeks ago.

“You can’t predict the outcome of a Supreme Court decision,” he said.

“The state would have been aware of the case, but that’s a different thing from saying that the state would have been aware of the outcome.”