We need a two-pronged approach to protect vulnerable children

YESTERDAY marked the second anniversary of the statutory rape crisis which arose when the Supreme Court found the existing legislation to be unconstitutional as it did not allow a defence of not guilty due to an honest mistake regarding the girl’s age.

Arising from this controversy, the Criminal Law (Sexual Offences) Act 2006 was passed making it an offence for anyone to engage in a sexual act with a child under 15 years, but without the standard of absolute liability. Absolute liability in statutory rape cases means the defence of mistake as to age is not available to an accused when the child is under a certain age.

This is an essential child protection measure and further protection can be guaranteed by inserting children’s rights into the constitution.