dioltas Registered User
#1

He's challenging the law under which he is charged on the grounds of sexual discrimination. If he loses he faces five years in jail and I assume will be a sex offender.
I think this is ridiculous, and I really hope he wins.

http://www.rte.ie/news/2009/1216/statutory.html


Challenge to underage sex law

Wednesday, 16 December 2009 17:26
An 18-year-old charged with having sex with a 14-year-old girl when he was 15 has begun a legal challenge to the legislation under which he is charged.
He is accused of having sex with the girl in August 2006.

The man says that the 2006 legislation that allows him to be prosecuted but states that a girl under 17 is not guilty of an offence is old fashioned gender-based discrimination for which the State has no justification.
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He is charged under Section 3 of the Criminal Law Sexual Offences Act of 2006 and faces a maximum of five years in jail if he is convicted.
Under Section 5 of the same act, a girl under 17 cannot be charged with an offence for engaging in sexual activity.
The boy's lawyers told the court the legislation proceeded on the basis that the boy was 'the guilty party' and the girl was a 'comely maiden' whose virtue must be protected.
Senior Counsel Gerard Hogan said that if he was convicted he would face a conviction for a sexual offence with all the ignominy and distress associated with that.
He said he faced the prospect of having his life destroyed.
Mr Hogan said five years in prison and a conviction for a sexual offence for a boy of 15 who engaged in consensual sexual activity was a 'savage penalty'.
Mr Hogan said the State's justification for the provision in the legislation was that an underage girl would be deterred from engaging in sexual activity by the prospect of becoming pregnant.
The Oireachtas had to 'equalise' the positions of a boy and a girl by providing an equal deterrent to a boy in the form of making the sexual activity a criminal offence, he said.
He added that no sane person would encourage a 14 and a 15-year-old to engage in sexual activity but he said this was nakedly gender based legislation.
He said no one would suggest that pregnancy in a young girl was something that could be countenanced but he said there was no comparison between pregnancy and the prosecution for a sexual offence, which would destroy a young life.
The legislation was enacted in the aftermath of the Supreme Court ruling that found that the laws governing statutory rape were unconstitutional because they did not allow for a defence of reasonable mistake about a girl's age.
Mr Hogan said this was not the kind of case that came up after the Supreme Court ruling where for example a 40-year-old man took advantage of a 12-year-old girl.
He said this was two youngsters engaging in sexual activity and he said this was the reality of the conduct of a significant minority of young people 'like it or not'.
Professor Sheila Green, Director of the Children's Research Centre at Trinity College Dublin gave evidence that an increasing number of young people were having sex before the age of consent.
It was almost normative behaviour she said and studies had found that in most cases it was consensual.
Thousands of young people were having sex under the age of consent she said. Thousands of boys were therefore liable to prosecution.
She said we may not like the idea of very young teenagers indulging in sexual activity but it is part of the everyday reality she said.
If every case like this one came to light she said, the courts would be full of cases like this because it is such a frequent activity.
The case is likely to continue until Friday.


Sorry if posted already, searched and had a look around and found nothing...

8 people have thanked this post
ciano1 Registered User
#2

At least he's getting laid . . .

12 people have thanked this post
#3

How many here would have broke that law I know I did, in my teen years.

4 people have thanked this post
winston82 Registered User
#4

great thread op. some really interseting points you've made. keep up the good work

5 people have thanked this post
Cupcake_Crisis Registered User
#5

That is ridiculous! Two people broke the law in that situation, why should only 1 be punished??

5 people have thanked this post
jumpguy Registered User
#6

Heard this on the news. It's extremely unfair and it's shameful our law could allow this to happen. The age of consent law is archaic. It should be dependent on the circumstance. TBH, the article is ambiguous in the nature the boy had sex to the girl, but it was consensual. It'd be the highest form of cruelty to convict the boy, and give him a horrible criminal record, and hence effectively destroy his life.

6 people have thanked this post
Overheal Covfefe Connoisseur
#7

Well, I know this will never happen, but if youre a minor and if you find yourself to be "Guilty" of the same offence as this Lad:

Come forth.

If truly there are Thousands of offending Teens, if they all came forward at once, the Courts would have two choices: Ammend the Law, or Imprison Thousands of Teens.

5 people have thanked this post
dioltas Registered User
#8

winston82 said:
great thread op. some really interseting points you've made. keep up the good work


My sarcasm detector is going off the scale. I just wanted to let people know if they didn't already tbh because I think it's a terrible injustice.

6 people have thanked this post
#9

4leto said:
How many here would have broke that law I know I did, in my teen years.


Paedophile! Rapist! Sex offender!

(according to Irish law)

Overheal said:
Thousands of Teens.


And brand them as "sex offenders" for life.

Presumably theyd have to go on that register thing as well

1 person has thanked this post
#10

it's a stupid law anyway if they both consented there should be no problem!! PC gone mad

3 people have thanked this post
Borneo Fnctn Registered User
#11

I hope he doesn't get convicted of this. It just wouldn't be right. How did it end up in the court anyway? Were they caught at it or what? Maybe it was he girl's parents.

The_Minister Moderator
#12

spitfireIRL said:
it's a stupid law anyway if they both consented there should be no problem!! PC gone mad


So two twelve year olds who decide to play doctors and nurses should be ok?

I don't think it is a criminal matter if two people of the same age have sex, but there is such a thing as too young.

1 person has thanked this post
dioltas Registered User
#13

4leto said:
How many here would have broke that law I know I did, in my teen years.


Yeah, exactly. The whole situation would be laughable if it weren't for the consequences for this lad. A nation of rapists I tell ya!
Who's to say the lads aren't the ones being taken advantage of ffs? Maybe they should just prevent any physical contact between boys and girls until the age of 17.

Agricola Registered User
#14

Its young feckers like this that have the country the way it is.......... Scandalous!

1 person has thanked this post
#15

The_Minister said:
So two twelve year olds who decide to play doctors and nurses should be ok?

I don't think it is a criminal matter if two people of the same age have sex, but there is such a thing as too young.


two people who know what they're doing with their bodies wouldn't be playing doctor's and nurses. Yes, twelve is definitely too young, but i'm not too sure 14/15 is.

Sure there was a poll on here recently, check the figures . It's not exactly a small amount of people who had underage sex

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