Statutory rape laws - McDowell’s competence in question
In future, it will be a statutory offence to have unlawful carnal knowledge with a person under the age of 17. However, the new law would allow for the claim of mistaking the age of the victim to be made in court.
This will ease the embarrassment of a government mired in controversy. But it will not lessen the public outrage over the release of Mr A, the man jailed for raping a 12-year-old girl. It should avert the recall of Dáil deputies from their 11-day Whit holiday.
Reflecting society’s mounting anger, Jackie, the mother of the girl who is now 16, had earlier called for a public protest at the Dáil on Friday where friends of the victim and concerned people could vent their feelings over this scandalous situation.
While the paedophile’s name cannot be revealed to protect his victim’s identity, there is a compelling case for lifting the cloak of anonymity if the young girl goes public.
It is unconscionable that the family received no information whatsoever from the legal representatives of the State that the case involving the 38-year-old man, who had raped their daughter after plying her with drink, was to come before the Supreme Court.
That is a damning comment on the uncaring nature of the legal system towards some of the most vulnerable people in society. However, to their credit, the gardaí could not have been more helpful, the victim’s mother said.
Last night’s dramatic twist will not diminish perceptions of a government so out of touch with popular opinion that it failed to anticipate the outpouring of public criticism and anger that the case has generated.
Unsurprisingly, the Coalition came in for a drubbing in the Dáil yesterday as Fine Gael leader Enda Kenny described the Government as “a headless band of bunglers”. He accused the administration of failing miserably to anticipate, be ready, and deal with the gaping hole in current legislation. This despite Mr McDowell’s ill-judged denial of such a void.
Standing in for the Taoiseach, who is in New York for a UN meeting, Tánaiste Mary Harney said she shared the outrage of every decent person in the country. But while conceding an information deficit, she stressed that no government had sought to change the law struck down as unconstitutional by the Supreme Court, a ruling that triggered the release of Mr A because the offence of statutory rape no longer exists.
Labour leader Pat Rabbitte accused Mr McDowell of falling asleep on the job, accused the Government of incompetence and of adopting a laid-back attitude throughout the crisis.
The PDs come badly out of this debacle. According to Ms Harney, the Department of Justice had been told about the case by the Chief State Solicitor as far back 2002, whereas Mr McDowell insists he had no personal knowledge of the matter.
By claiming the Attorney General knew nothing of the case in his personal capacity, the Government is seeking to put clear water between the cabinet and this growing controversy.
Furthermore, by laying the onus squarely at the door of the Director of Public Prosecutions, who does not have to explain his actions, the Government is effectively washing its hands of having any direct responsibility for the matter.
Under the double jeopardy rule, the infamous Mr A be cannot be tried twice for the same charge. However, he could and should be charged by the DPP for other offences.
In the wake of the High Court decision to release Mr A, it is to be welcomed that an appeal against the ruling will open in the Supreme Court tomorrow. While that should determine the outcome of other similar cases, the legislation cannot be retrospective.
Strenuous attempts have been made to distance Mr McDowell from this affair. Incredibly, he claimed he was unaware of the Supreme Court case until he read about it in the newspapers. Clearly, he should have known such an important case was coming down the track. The buck stops on his desk.
Like it or not, in the public gaze, Mr McDowell’s approach to the this grave matter has been unsatisfactory and both his competence and integrity are in question.
He came in for strong criticism yesterday among Fianna Fáil backbenchers deeply concerned about the electoral implications of this affair.
An apparently chastened Mr McDowell also briefed opposition parties on possible legislative proposals and anticipates their support for the new law.
In the wake of this deeply disturbing affair, the immediate priority must be to plug the constitutional gap and ensure the safety and protection of children.
With six more child abusers set to be released, this is the most serious crisis the Government has faced. The flippant attitude displayed by the coalition last week is in stark contrast with the sense of urgency gripping grassroots Fianna Fáil deputies who realise they are staring over the precipice.
More and more questions are being asked about this appalling affair — and more answers are being demanded by an understandably furious public.
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