A man accused of the statutory rape of a 14-year-old girl walked free from court on Monday, leading to the law protecting minors from sexual predators to be described as “a shambles”. The man, known as Mr C, took a successful Supreme Court challenge in 2006 which led to a constitutional crisis when the Court ruled that the law prohibiting sex with a minor was unconstitutional.
The court ruled that it was unconstitutional that Mr C could not put forward a defence of mistake as to the age of the girl with whom he had had sex, who was 14 at the time.
On Monday, the Dublin Circuit Criminal Court was told that the State had dropped all other sexual assault charges against him.
Reacting to the outcome, the Fine Gael spokesman on children, Alan Shatter, has called for a limited version of the proposed children's rights referendum to be enacted. This, Mr Shatter says, would allow the Oireachtas to bring in a law which would protect children from sexual predators.
Mr Shatter said that the outcome of Monday's court case demonstrated the urgent need to pass such an amendment.
However, the Government has rejected this proposal. Minister of State for Children Brendan Smith said they were proceeding with its plan to hold a referendum on a comprehensive constitutional amendment by the end of the year.
Government sources said last night it was unrealistic to expect two children's referendums in a year.
A Joint Committee on the Constitutional Amendment on Children was established last November under the chairmanship of Mary O'Rourke. Its terms of reference are to examine the proposals to amend the Constitution and report back to the Houses of the Oireachtas by the end of March.
"The committee is progressing with its work and the Government awaits the outcome of its deliberations. It continues to be the preference of the Government, as has been outlined repeatedly over recent months, that an amendment to the Constitution in relation to children, based on all-party consensus, will be put to the people during 2008," Mr Smith said last night.
In the Dublin Circuit Criminal Court, Isobel Kennedy SC, prosecuting, told Judge Patricia Ryan yesterday that the State wished to enter a nolle prosequi in relation to the charges against the man known as "Mr C".
The case goes back to 2001, when "Mr C" faced four charges of unlawful carnal knowledge with the same girl.
He pleaded not guilty on the basis that he believed she was 16. An offence still existed under the law, but was less serious if the girl was over 15. The girl is now 20.
Under Section 1.1 of the 1935 Criminal Law Amendment Act no defence was possible to having sex with a girl under the age of 15, once her age and the act of sex were confirmed. "Mr C" challenged this successfully in the Supreme Court in May 2006, sparking a major controversy as other men also charged with or convicted of unlawful carnal knowledge sought to have their cases dismissed. The Supreme Court ruled that a man who pleaded guilty to sex with an underage girl could not benefit from the ruling, thereby closing the door on convicted abusers being released.
A law was rushed through the Dáil in June 2006 making sex with children an offence but allowing for a defence of "honest belief" on a girl's age.
It made sex with a child under the age of 15 punishable by up to life imprisonment, and sex with a child between 15 and 17 punishable with five years in prison.+++++++++++++++++++++++++++++++++++++++++++++++++++
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