Underage sex loophole puts children at risk, claim rights group

Children are under threat from sexual predators, rights groups warned tonight after a man was cleared of sexual assault despite admitting having sex with a 13-year-old girl.

The acquitted Mr K slept with the child on Howth Head, Dublin, in October 2001 after the girl had been drinking but was found not guilty by a jury after claiming he made an ’honest mistake’ about her age.

Barnardos, the Irish Society for Protection of Cruelty to Children and the Rape Crisis Network Ireland demanded urgent law reform to address the alarming loophole.

Mr K denied sexually assaulting the girl and became the first accused man to offer the defence of believing that she was old enough to legally consent to having sex.

He was one of several men from separate cases originally indicted on a statutory rape charge which ruled out the ’honest mistake’ defence.

Almost two years ago the Supreme Court found that was unconstitutional leaving a gaping hole in rape, sex assault and children’s rights laws.

The Government is preparing to amend the Constitution through a referendum to repair the loophole.

But Norah Gibbons, Barnardos’ director of advocacy, said sexual predators had to be aware they faced consequences for their actions.

“The question has to be asked, who are we trying to protect here – the child or the adult who chooses to have sex with a child?” she said.

Fiona Neary, director of the Rape Crisis Network Ireland, claimed the jury decision meant adults could have sex with teenage children and face no consequence.

“This is the worst possible outcome for child protection in Ireland. It sends the worst possible message to sex offenders,” Ms Neary said.

“This case means that adults need take no responsibility regarding the age of someone they have sex with – anyone who ’looks 17 or 18’ is now sexually available. The law must be changed.”

The RCNI also said the prosecution of Mr K should not refer to ’consensual sex’ as a 13-year-old girl does not have the capacity to consent.

The Irish Society for Protection of Cruelty to Children said the verdict showed Criminal Law was flawed as it stands.

The ISPCC called for the ’honest mistake’ defence to be removed, a referendum on children’s rights to be held and the Government to bring in an offence of absolute and strict liability.

Absolute liability does not allow a defence of ’honest mistake’ while strict liability requires the accused to prove a reasonable mistake was made.

“The welfare of the child must be the priority in all advances that are made in child protection,” the ISPCC said.

Alan Shatter, Fine Gael children’s spokesman, said our child protection laws are inadequate.

“The law in this area can only properly be reformed if a Constitutional referendum takes place to restore an offence of absolute liability in such circumstances.

“Fine Gael is fully committed to the Constitutional and statutory reforms necessary.”

Brendan Howlin, Labour spokesman on constitutional matters, called for the Government to explain progress in reform of the laws.

“Despite the understandable public concern that will follow Wednesday’s case, it is important that there be proper consideration given to the legislative and constitutional measures required,” Mr Howlin said.

“We have already seen the dangers of rushed legislation in this area.”