Irish Legal Loophole!?

Question

Ive been reading the irish newspapers about some loophole in the law for sexual predators, and how one has already been released. Im an irish citizen living abroad and im interested in understanding the loophole and what it means?.i know motion is being passed tomorrow to close it..thank god..but what exactly did it involve..ive tried reading up on it but its all legal jargon..im looking for a plain and simple explanation!

Answer 1

Emergency legislation is being rushed through today.

The proposed legislation makes it an offence to have s*x with a girl under the age of 17.

It provides for the restoration of the crime of statutory rape of children under 15 but allows the defence of an honest mistake over the victim's age. It also provides for a common age of consent of 17 for young men and women.

However the Minister for Justice, Michael McDowell, has warned the Dáil that this new legislation would expose young victims to cross examination in court, so they still need to do some major work on this - and quick.

Answer 2

OK, this is basically what happened.

The government passed a law that if someone has s*x with an underage person when they don't know of their age, then they won't get in trouble.

However, this included statutory rape (where a person does not force someone into having s*x but ,for example, gets them drunk).

Well, this 41 year old paedophile who got a 12 Year old girl drunk and then had s*x with her was this week able to get out of jail as he, under the new law, committed no crime. He was in the middle of a 3 year jail sentence.

The government has now revised the this law and is bringing an appeal to the High Court to get this pervert back in jail.

There was also other cases but I find the above example the most disgusting.

Answer 3

Only in this bloody country would something like this happen. A high court judge said that the law about how having s*x with a person under 17 years of age is statury rape is unconstitutional. So... a load of dirty perverts, including one who filled a 12 year old with drink and then raped her decided to appeal their convictions. The 47 year old was able to walk from court a free man DESPITE pleading guilty at his original case for the crime. And the sicker thing about it, because the victim doesn't want to be named, we are not allowed to see his face or know his name. The government's excuse for this "we couldn't have predicited that this would happen". Anyways, thousands of people took to the streets in protest and the government finally got off their arses and rushed through an emergancy law which got the pervert rearrested and locked back up again. Thank god for Bertie and the boys, this country would be in an awful mess without them. If they get re-elected again, I personally am upping sticks and leaving this country.

Answer 4

basicly, the law *said* if you have s*x with someone under 16 you had committed statatory rape.. you were a rapist.

It didn't matter if it was consensual, or if they lied about their age, you were a rapist.

A 17 year old bloke had s*x with a 15 year old, who told him she was 17 too.  her father found out and he was done for Statatory rape.

He went to the supreme court because the irish Constitution gurantees the right to a fair trial, and, it was argued succesfully, that the law on statatory rape violated this right.

Sooo..

The law was deemed unconstitutional, and so thrown away.  So, anyone guilty of the crime could now appeal against their convictions, such as that 47 year old man who had s*x with a 13 year old girl and is now free to roam the streets.

I love this country :-|

Answer 5

the law/constituton states that everyone has a right to defend themselves against the crime they are accused of.If you are charged with statutory rape you are automatically found guilty hence removing your right to  defend yourself.A supreme court judghe found that this was unconstitutional therefore the law of statutory rape rape does not exist and those who are being held in prison are appealing their cases.

What makes it worse The minister for huge ego's ,sorry, justice McDowell says this is the first he heard of it but it is turning out that he heard about last June and did nothing.Their is a good possibility that paedophiles will be released from jail over the next few days to wander our streets.