Statutory rape ruling - Scandalous scenario now unfolding

A TRULY appalling vista is unfolding following yesterday’s High Court decision to allow a 41-year-old man, convicted of the statutory rape of a 12-year-old girl, to walk free from prison even though he knew her age and plied her with drink before having sex with her.

Serving a three-year sentence for unlawful carnal knowledge, Mr A’s immediate release was ordered by High Court judge Mary Laffoy, who found his detention was rendered unlawful by last week’s Supreme Court decision to strike down as unconstitutional the law on statutory rape.

Despite Justice Minister McDowell’s knee-jerk claim that there was no gaping void in the system, this is the second sex offender to be freed. Six other cases involving rape of underage girls are known to be in the pipeline and more could follow.

They include a man serving four life sentences for the unlawful carnal knowledge of three little girls aged six, eight and 10. He could yet walk free.

This appalling scenario makes a mockery of Taoiseach Bertie Ahern’s assurance that those serving prison sentences for such offences would not be automatically freed.

Though a 1935 law made it an automatic crime for a man to have sex with a girl under 15, the Supreme Court has found it was repugnant to the Constitution as it failed to allow the defence of making a genuine mistake about a girl’s age.

Simply put, Mr A, who was 38 when he committed the act, argued that the law under which he was convicted never existed, had no validity and thus he could not held in custody.

Ironically, as he walked free yesterday, the Cabinet was discussing emergency legislation to deal with the ramifications of the Supreme Court decision.

Among other proposed changes, Mr McDowell will introduce a uniform age of consent of 16 for both girls and boys. At present it is 15 for boys and 17 for girls. In future, it will also be illegal for women to have sex with underage boys.

What people find infuriating is that amendments which would have closed off the constitutional loophole were recommended by the Law Reform Commission 16 years ago. Shamefully, the principal legal agents of the State could have introduced other charges but did not do so. This compounds the scandal.

Public frustration was further deepened yesterday when it emerged the High Court had no jurisdiction to hold Mr A in custody so as to enable the State to go to the Supreme Court.

What people find deplorable is that criminals who pleaded guilty to very serious offences against children are now benefiting from the Supreme Court ruling. Astonishingly, Mr A’s name will not appear on the sex offenders register.

These developments make it imperative for the relevant rape laws to be changed as a matter of urgency. There is a pressing need to avoid delay as the far-reaching measures envisaged by Government could take considerable time to pass through the Dáil — an intolerable scenario.

There is a palpable sense of public outrage in the aftermath of yesterday’s shock development. The Taoiseach’s offer to recall the Dáil next week from its Whit break to debate legislative change reeks of too little too late.