Statutory rape charge challenge in High Court

mandz

Don't know if anyone spotted this yesterday, was reading the Sunday World yesterday and there was an article which said that a 15 year old boy from Donegal is challenging a statutory rape charge of a 14 year old girl in the High Court this week. He claims that it is discriminating him because of his gender as a 15 year old girl cannot be found guilty of the same charge for having sexual intercourse with an underage boy. One to watch out for in the news.

seamus

I would imagine it's a constitutional challenge on the grounds that "All citizens are equal before the law", whereas a law which finds that the legality of an act is dependent on your gender would seem to violate this principle.

I recall this a few months ago - is it the same case just coming before the courts now? Can't find any info online about it.

RodgerTheDoger

Yeah listening to it on the news last few days.

Breaking news say this:

Section 5 of the 2006 Act, known as the Romeo and Juliet provision, stops girls aged less 17 from being prosecuted for having sex but offers no such immunity to young boys.

Read more: http://www.breakingnews.ie/archives/2009/1216/ireland/teenager-challenges-unlawful-carnal-knowledge-conviction-438503.html#ixzz0ZwaWeIIY

I do not know the circumstances of it, but it seems in my opinion a little crazy that he could be convicted and get a possible 5 years in jail and end up on the sex offenders register.... Basically trying to ruin the life of a young man before it starts.

The argument is, that a young girl could become pregnant therefore changing her life in that she would become a mother at a very young age.

I think laws need to exist to stop people being taken advantage of, and I understand we need to be careful to when protecting minors but this just seems crazy!!

auerillo

It does seem incredible that two sexually mature teenagers can have consensual sex, and one is breaking the law and another isn't.

Consensual sex bewteen a 15 year old and a 14 year old should not be a matter for law.

What would happen if, for example, they were two 15 year old boys engaging in sexual experimentation together? Would they both be likely to be sent to prison too?

What a stupid ass the law is sometimes.

Dont be at yourself

The argument is, that a young girl could become pregnant therefore changing her life in that she would become a mother at a very young age.

Of course, that would also change the father's life profoundly as well. Arguably more so than the life of the mother.

RodgerTheDoger

NekkidBibleMan wrote: »

Of course, that would also change the father's life profoundly as well. Arguably more so than the life of the mother.

Well I disagree with that, of course it would change the life of the father but to what extent would depend on the father, if they had a kid at that age the lad could potenitally walk away, he would not need to provide any care for the child.

And only when he is older he may have to provide finanical support, but only what he can afford.

I do not see an argument where the fathers life is changed more, apart from the fact that he can now go to prison! Which I think is absolute madness!

jhegarty

I am reading the law correctly.

A 16 year old girl has sex with a 12 year old boy.

He can get 5 years, her nothing ?

RodgerTheDoger

I think thats the idea!

The_Minister

jhegarty wrote: »

I am reading the law correctly.

A 16 year old girl has sex with a 12 year old boy.

He can get 5 years, her nothing ?

Errrrm.....


How low does that extend?

jhegarty

The_Minister wrote: »

Errrrm.....


How low does that extend?

I presume the age of criminal responsibility (12) would apply.

Our man in Havana

Charles Dickens once said "The law is an ass".

In this situation I would agree with him.