Rape ruling debacle - Blame lies solely with Government

THERE should be absolutely no doubt that the Government — and it alone — stands utterly discredited by the appalling ineptitude the country witnessed, this week, after the Supreme Court struck out our 1935 law on statutory rape.

Political expediency cannot deflect that ultimate liability, after the convicted rapist of a 12-year-old girl was freed from prison in the face of assurances this would not happen — from Taoiseach Bertie Ahern and Justice Minister Michael McDowell.

It was unconscionable that the Government should have allowed a lacuna in the law that has afforded dangerous men practical impunity.

But this awful event did happen, on the current Government’s watch, and responsibility must be assigned. Under no circumstances can the consequences of this failure to protect the nation’s children be dissipated with a collective shrug of shoulders.

Too often has this same Government arrogantly resorted to denial and abjured the onus for its actions. It cannot be allowed to do so again in this case.

Public outrage should not tolerate any shirking of the Government’s responsibility.

Today, the Oireachtas must rush through legislation to protect children and young people from sexual predators, because this Government discarded expert advice to change the laws governing underage sex.

The State, meanwhile, will appeal to the Supreme Court that the High Court was wrong in freeing the rapist who successfully argued that he was in jail for a conviction under a law that no longer existed, and should therefore be freed.

That expert advice was proffered by the Law Reform Commission as long ago as 1990, and, since then, this legal time bomb was allowed to tick until it exploded in the highest court of the land — with calamitous consequences.

The Supreme Court more than just concurred that the 1935 provision for statutory rape was in need of change. It struck down the section unconditionally on the basis that it did not permit an individual the defence that they genuinely believed a person was above the age of consent.

The genuine mistake defence will now be included in the emergency bill, which is to be hurried through the Oireachtas today, and more than likely signed into law afterwards by President Mary McAleese.

Finance Minister Brian Cowen has said he disagreed with the Supreme Court decision as, indeed, is his entitlement. But his argument that a child rapist’s release flowed from the workings of the courts rather than from Government inaction is a deliberate deformation of the truth — and an attempt to twist common sense out shape.

The simple truth of this abject affair is this: Because of Government inaction the Supreme Court decision emerged. The Fianna Fáil — Progressive Democrat coalition looked at the recommendation from the Law Reform Commission, which would have prevented this national scandal, and dismissed it.

The decision to ignore it was admitted by Minister for State for Children Brian Lenihan yesterday. Also, Tánaiste Mary Harney told the Dáil that, as far back as 2002, the Government, through the Justice Department, was informed by the Chief State Solicitor’s Office about a case that ultimately led to the early release of a self-confessed child rapist.

Nothing was done because of what Ms Harney euphemistically describes as an “information deficit.”

Justice Minister Michael McDowell has also endeavoured to spread the blame — to the offices of the Attorney General and the Director of Public Prosecutions, who may well be culpable to a certain degree.

It beggars belief that the man in charge of the Justice Department was forced to cringingly admit that he had no idea about a case of such consequence. The other parties in the Dáil cannot escape scrutiny on this issue either — they failed to act while in government — but the blame lies with the present Government.