Mandatory sentencing - Rape crimes deserve just punishment

In the recent poll for the Irish Examiner, 79% of the people questioned believe there should be mandatory minimum sentencing for rape, while 12% are opposed to such sentencing.

The other 9% could not make up their minds one way or the other.

A curious aspect of the poll is that the figure remained fairly constant — between 78% and 83% — throughout the country, regardless of sex, age group, social standing, party affiliation or region.

Judges normally do not like mandatory sentencing because it precludes them from taking into account special circumstances that may — in their own minds, at any rate — justify a less than minimum sentence. But rape is considered one of the more heinous crimes, which can scar a woman for life. Hence a minimum sentence should reflect society’s revulsion.

Much of the current debate has resulted from the recent suspended sentence that was given to a man convicted of rape. The State is currently appealing the judge’s decision in that case.

The recent Criminal Justice Bill makes provision for minimum sentencing, but President Mary McAleese has called a meeting of the Council of State for advice on whether the constitutionality of the bill should be tested in the Supreme Court.

This could ensure that it could not be challenged in the courts again.