Posted on 05/25/2006 6:17:41 PM PDT by optik_b
Statutory rape law ruled unconstitutional May 23, 2006 21:53
The Supreme Court has unanimously declared unconstitutional the law under which any man is automatically guilty of a crime if he has sex with a girl under 15.
The court made its decision on several grounds, including the failure to allow the defence that a genuine mistake had been made about a girl's age.
The successful challenge to the legislation was brought by a 23-year-old man.
He had admitted having consensual intercourse with a girl who, he claimed, had told him she was 16. He was 17 at the time in 2001.
Until today if a man or boy was convicted of having sexual intercourse with a girl under 15, even if it was consensual, he could face up to life imprisonment under the 1935 legislation and he would also be placed on the Sex Offenders Register.
But the Supreme Court has shot down the relevant provision of the Act, which did not allow any defence to be offered where the fact of sexual intercourse was admitted or established.
The challenge to the Act was brought by a young man who was facing four charges of the statutory rape of a 15-year-old girl.
He admitted having sex with the girl, but claimed she had told him she was 16.
His senior counsel, Deirdre Murphy, pointed out that the law as it stood left men like her client without a reasonable defence even when positiviely convinced by the girl herself that she was over the statutory age.
She argued that that it was inconsistent with the right to a fair trial to deny her client the defence of mistake or mistake on reasonable grounds.
The Supreme Court agreed that the section offered absolutely no defence once the act of sexual intercourse was established.
Mr Justice Hardiman said that once a man has sex with a girl whom he honestly believes to be over the relevant age, a mentally innocent person is criminalised.
To criminalise in such a serious way a person who is mentally innocent inflicts a grave injury on that person's dignity and sense of worth, he said.
He said the right of an accused not to be convicted of a true criminal offence in the absence of intent was done away with by this Act.
But the court said today's decision does not prevent the Oireachtas from enacting different legitimate laws to discourage sex with very young girls.
Outstanding opinion. Basic fairness. A small blow against the over-whelming Femi-Nazi domination of the courts.
State of mind is considered in murder cases, why on earth wouldn't it be considered when a 17 year old sleeps with a 15 year old? (who claims to be 16)
I'm not saying teenagers having sex is a great thing, but treating such a person with the same penalties as a 40 year old who wilfully abuses a 12 year old isn't sensible under any circumstances.
I can't tell the nation, jurisdiction, state, or nature of this Supreme Court from reading this article. What is the deal here?
Ireland?
This would be the Supreme Court of Ireland, not some unidentified state in the U.S.
Just yesterday my mother told me how my grandfather met my grandmother.
At age 24 he was drunk and rode his horse into the church, and met a 15 year old girl that he shortly after married.
Blame the idiot who prosecuted him in the first place. He had sex with a girl who was 2 years younger than he was while he believed she was only 1 year younger.
As uncomfortable as I find this, I see no principle served in not allowing the man a defense. Girls do lie about their age.
I agree.
BS posting. Is this an attempt to mislead people into believing that this is the United State Supreme Court?
Might be wise to indicate that this is from Ireland!
With the way girls look today it is quite possible for a 14 year old to look 17. And, since it is quite common for girls to lie about their age many young men wind up in serious trouble.
Ireland
so hows the horse ?
No I'm sorry, this is from Ireland, Not a bogus posting. I was reading this on an irish news site. This is definately not the USA.
OK.
He was a teenager at the time thinking he was having consentual sex with another teenager approximately the same age. The teen age sex is a problem but 15 year old girls lying about their age to get a boy to like them and feeling like sex is something you do is troubling.
Kudos to the parents!!!
To what country is this applicable?
I predict a huge upswing in the rape of statutes.
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