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A NEW BILL to protect children from sexual abuse online also includes a clause aimed at teenagers who are a couple of years apart and have had consensual sexual relations.
The provisions, which are commonly referred to as ‘Romeo and Juliet laws’, recognise under age, consensual, sexual activity that occurs within peer relationships.
The purpose of a Romeo and Juliet law is to prevent a sexual act that occurred between individuals who are just a few years apart in age being considered a criminal offence.
The proposed Criminal Law (Sexual Offences) Bill 2015 will allow a person who is charged with engaging in a sexual act with a person aged between 15 and 17 years old to rely on a “proximity of age” defence.
The age difference must be no more than two years.
Teenagers
Speaking at the Children’s Rights Alliance Seminar today, Tánaiste Frances Fitzgerald said:
In making this provision, the criminal law can accommodate, where necessary, normal adolescent behaviour.
Currently under Irish law, in the case where the prosecution of a person under the age of 17 is sought for such an act, the consent of the Director of Public Prosecutions (DPP) is required.
A girl under the age of 17 who has sexual intercourse may not be convicted of an offence.
The new Bill, which will be debated over two days in the Dáil this week, also strengthens Ireland’s laws on grooming a child for sexual abuse.
Child grooming
This includes criminalising any communication with a child on the internet, mobile phone or social media for sexual exploitation through technology.
It will also be illegal to send sexually explicit or pornographic material to a child.
At present images of child pornography must be downloaded to be an offence but the Bill criminalises viewing of such material alone.
“A person who causes a child to watch another person engaging in sexual activity or causes a child to look at images of persons engaging in such activity – again with the intention of corrupting or depraving that child – shall be guilty of an offence… There can be no loopholes,” said the minister.
The Bill also deals with issues such as child prostitution and trafficking.
Certain provisions relating to a child giving evidence in court are also included, which allows children to give evidence behind a screen.
However, the minister acknowledges the Bill could be strengthened further by ensuring that child witnesses only have to give evidence through communication technologies, such as video link.
The minister said she plans to make further amendments to the Bill which will clarify the protection of counselling notes, made between patient and counsellor.
Fitzgerald said the new Bill brings Irish legislation “up to date”.
“I would like to see it in place by the end of this year,” she said.
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It’s ridiculous that of 2 teens having consensual, albeit underage sex, only the boy can be prosecuted. Either both of them has committed a crime, or neither of them has. Bit of cop on, finally.
Feminists will go mad. They want equality but can’t deal with it
The CIA will be very interested in your mind reading capabilities. What with knowing the thoughts of individual members of a large social movement and all. Outstanding.
Ah Cholly no one in their right mind agrees with the law as it is.
As far as I know, Daisy is a feminist and he agrees with her so….
Neanderthal of the Year comment
http://www.thejournal.ie/statutory-rape-boy-concern-2643527-Mar2016/
Hopefully it will be in time for this young lad!!!
The Chief Justice of the Supreme Court agrees with the law as it currently is. Is she not in her right mind?
Good god , is that something like common sense I see ?
@Paul Horgan: Don’t worry … have you seen the rest of the bill this is wrapped up in ?
Ireland and Cyprus are the only EU states where the age of consent is as high as 17. In the Mainland UK it’s 16. We also need to get rid of the reverse sexism in the law which currently only criminalises the boy but not the girl in trials for underage sex. The law as it stands would criminalise a 16 year old boy for “statutory rape” if he has consensual sex with say a 17 year old. The girl in such a case doesn’t get criminalised. Meanwhile the boy gets tagged as a sex offender for the rest of his life, such obvious problems getting employment. Honestly we are still living with the legacy of outdated attitudes in elements of our sexual criminal law.
Clarification I am referring to the existing law pre this bill.
There’s no such thing as ‘reverse sexism’. Sexism is sexism, and sexism against boys and men in the courtroom and in wider society is nothing new.
Eventually!!!!
Good. Unfortunately they put this into the same bill as the one criminalising clients of adult prostitutes. A clever ploy to confuse opponents of the Swedish model.
Proper order and about time!
Something similar required on college campuses also to stop the proliferation of false rape claims by students against other students.
What exactly do you have in mind Sam? Do you want to relax the requirement for consent when two people are close in age and attending the same college?
There was a case recently in the US in Pueblo University, Colorado, where a male student was expelled based on a woman having a hickie on her neck. She herself said it was consensual, bit a mutual friend saw the hickie and jumped to ridiculous conclusions. Obama’s Title IX regulations are blamed and the GOP platform this year promises to review it.
It will be interesting to see if this applys to the “new Irish”…it doesnt apply to the “new Danish” or the “new Germans”….
Peter, that’s not at all true. The law applies equally to all.
@mariaalexander does the doctor do lotto winning spells?
underage interesting word, anything to do with being emotionally, psychologically immature ..
Few contributors to the Journal .ie are intelligent enough to know the existing sexual laws, not alone to discuss new ones.
Thought they already had this. They have certainly applied it against underage boys in at least one legal case.
have your say