Chronology of events

The following is a chronology of events detailing the run-up and fall-out of last week's Supreme Court ruling that a section …

The following is a chronology of events detailing the run-up and fall-out of last week's Supreme Court ruling that a section of the  1935 Criminal Law (Amendment) Act to be unconstitutional and the subsequent release by the High Court of a man jailed for statutory rape of a 12-year-old girl.

  • 1990:Law Reform Commission recommends that the law be changed to allow those accused of sex offences against young girls to defend themselves on the grounds that they genuinely believed, and had reasonable grounds for believing, that the girl involved was above the age of consent.
  • November/December 2002:Chief State Solicitor tells the Department of Justice that a legal challenge concerning the absence of this "mistake as to age" defence, relating to sexual offences committed on young girls, is under way.
  • July 12th, 2005:Supreme Court rules that a man charged with the sexual assault of a young girl could enter a "mistake as to age" defence. Says it will hear arguments at a later date as to the constitutionality of section 1 (1) of the Criminal Law (Amendment) Act 1935, which bars the use of this offence by those accused of other sex crimes against young girls.
  • July 13th, 2005:The Irish Times reports on this judgment.
  • October 2005:Article appears in Law Society Gazette saying this judgment "signifies a substantial change in Irish law".
  • May 23rd, 2006:Supreme Court rules section 1 (1) of the Act to be unconstitutional, as it does not allow for a man accused of statutory rape to enter a "mistake as to age" defence.
  • May 24th:Taoiseach tells the Dáil that new legislation is needed.
  • May 25th:Minister for Justice Michael McDowell says the ruling "isn't the gaping void that some people are arguing". Tánaiste Mary Harney says the Government intends to have new legislation ready for the next Cabinet meeting (last Tuesday).
  • May 26th:State enters nolle prosequi in relation to two charges against a 36-year-old man of statutory rape of a girl aged 16
  • May 29th:Man serving three-year sentence for statutory rape of a 12-year-old girl applies to High Court for release. Taoiseach says changing the law will be "complicated".
  • May 30th:High Court orders release of the man jailed for statutory rape of a 12-year-old girl. Government decides Dáil should sit next Wednesday to rush through new legislation. Michael McDowell says neither he nor the Attorney General knew this case was under way until the judgment emerged.
  • May 31st, 2006:The Government comes under fierce attack from the Opposition over its failure to pre-empt the current situation by amending the legislation prior to the Supreme Court's decision.
  • May 31st, yesterday:Cabinet subcommittee meets to consider content of new legislation. Government decides Dáil should meet on Friday.
  • June 1st, 2006, today:Announcement made that the houses of the Oireachtas will convene tomorrow afternoon to debate emergency legislation to introduce emergency legislation, which is expected to be rushed through both the Dáil and the Seanad in one day.