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the sexual offences act 2006


  • Registered Users Posts: 18,689 ✭✭✭✭Donald Trump

    You are asking the wrong question. The only place the age of the accused comes into play is that they can have the defence available to them to a charge under S3 that the victim consented, but only when they are younger than the victim, or not more than 2 years older. And the victim has to have been older than 15.

  • Posts: 0 [Deleted User]

    So you're saying two people who have sex underage can get done for it under s.2?

  • Registered Users Posts: 25,713 ✭✭✭✭Peregrinus

    A girl would be protected by s. 5. A boy could be prosecuted. But as a policy matter there wouldn't usually be a prosecution in such a case unless there were aggravating factors.

    (IIRC there was a case about 10 years ago in which a 15-year old boy was prosecuted and convicted for having sex with a 14-year old girl. He wasn't charged with rape but the facts strongly suggested that the sex had been non-consensual.)