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Statutory Rape - Defence based on age of male perpetrator

  • 28-05-2009 1:57pm
    #1
    RandolphEsq
    Closed Accounts Posts: 6,296 ✭✭✭


    Criminal Law (Sexual Offences) Act 2006.

    Two underage kids have sex, the boy gets done for statutory rape irrespective of him being, for example, of the same age as the girl.

    I find this a wrong view to take by legislation. For me, the lack of defence as to the age of the boy implies a warped view of what underage sex is in our society. It is not nice to think of children so young engaging in sexual intercourse and is of course a touchy, sensitive subject. People should not be having sex at that age and the law seeks to lay that down.

    This is where I feel the law should not have a say in this issue. For children having sex do not do so with mal-intentions. They are sub-consciously pressured into it through negative, i.e. media, exposure. It is a societal tragedy that children are having sex. But boys and girls are equally non-culpable in this issue, neither are more educated than each other. That is why a boy should be allowed a defence as to his being underage also.

    Parents. They should be talking about sexual matter with their children from a young age. There is a belief that talking to children about sex will lead them to having sex but that is ridiculous! Properly informing, regular talks with children will not lead to this. It is time parents confronted the thorny issue of their kids having sex.

    What are other's opinions on this matter?


Comments

  • #2
    Quaver
    Registered Users, Registered Users 2 Posts: 185 ✭✭Quaver


    It's not that simple. There are provisions for where the male is within 24 months of the age of the female, in this scenario it is at the discretion of the DPP whether or not to bring a charge. And they usually do not prosecute when there is clear evidence that it is consensual.

    A conviction for statutory rape is a lot harder to get and a lot more complicated than you are making out.


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