Rape crisis - GPs left in the dark by child sex laws
Controversy over our new statutory rape laws has been simmering since emergency legislation was rushed through the Dáil, last week, in a bid to close a constitutional loophole that emerged after the Supreme Court struck down the nation’s 1935 child sex laws as unconstitutional.
In the latest development, family doctors have called on the Government to address the issue of prescribing contraceptives to young patients.
Doctors are among the experts in Ireland whose voices need to be heard on the new laws relating to children and sex, and who were precluded from what little debate we had on the Criminal Law (Sexual Offences) Bill 2006 by last week’s crisis.
Their argument boils down to this: Doctors have, for years, been operating in a legal grey area when it comes to prescribing the pill to girls under the age of 17.
The new law does nothing to address this grey area.
There is huge confusion, meanwhile, about how exactly the new law will operate, which could lead to doctors being cautious about, for instance, requests for pill prescriptions from girls under 17-years-old.
Irish College of General Practitioners chairman Dr Eamonn Shanahan said he has “no idea” where GPs now stand on the issue.
Up until now, doctors in Ireland followed the practice in Britain, where GPs have been prescribing contraception to underage patients based on a legal judgment that found it was for the ‘greater good’.
In reality, however, there is no basis in law for adopting that approach in this country.
The new law has confused matter further for doctors, who are now in an unenviable position, which is likely to lead to tensions with some patients.
The legal uncertainty could also lead to a rise in unplanned pregnancies — because young patients may feel unable to receive or ask for contraceptive prescriptions or advice from their GPs.
Children’s Ombudsman Emily Logan, meanwhile, has raised her concerns, shared by many parents, that children, according to the new law, will undergo the ordeal of giving evidence in Ireland’s adversarial court system.
The Ombudsman rightly complains that the crucial term — ‘the best interest of the child’ — is not written into the legislation. Furthermore, Ms Logan believes the law discriminates against young men, who could now be criminalised under the bill.
With an internal probe now under way into the coalition’s inept handling of the child sex crisis, a cynical public remains highly sceptical about the glaring communications breakdown that left this Government mired in a quagmire of its own making.
Concerns over the new laws, from many quarters, will get an airing via a soon-to-be-appointed special rapporteur for child protection, and in soon-to-be-established all party committee on child protection.
The Government, in other words, will shortly put the horse behind the cart — and ask it to push.
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