The far-reaching consequences of this week's ruling by the Supreme Court became more clear yesterday when two charges of statutory rape of a 16-year-old girl against a Dublin man were discontinued by the State, calling into question all legislation on the statute books relating to sexual intercourse with minors. Conor Lally and Martin Wall report.
Yesterday's decision effectively means the State has decided not to test laws governing the statutory rape of teenagers between 15 and 17.
The Supreme Court earlier in the week struck down laws relating to the statutory rape of minors under 15 years.
Opposition parties were strongly critical of the latest developments. They called for the immediate closing of legislative loopholes and for the introduction of new legislation governing statutory rape.
Minister for Justice Michael McDowell is to brief the Cabinet on Tuesday, when legislative proposals to address the latest developments will be discussed.
The 36-year-old from north Dublin at the centre of the latest case was charged with two counts of statutory rape of a 16-year-old 29 months ago. He has been in prison awaiting trial since then.
He was also charged with one count in relation to a non-sexual assault against the same girl.
The suspect was due to appear before the courts in June. However, the State applied to Judge Katherine Delahunt on Thursday to have him produced before the court yesterday.
When he appeared the solicitor for the Director of Public Prosecutions, Liam Mulholland, entered a nolle prosequi.
Yesterday's case at Dublin Circuit Criminal Court apparently has the effect of widening the scope of the Supreme Court ruling this week which struck down Section 1.1 of the 1935 Criminal Law (Amendment) Act, which automatically made it a crime to have sex with a girl under 15 years.
The two charges discontinued yesterday related to Section 2 of the Act. This relates to intercourse with girls aged between 15 and 17, which carries softer penalties.
The withdrawal of the charges effectively means any person who has sex with a minor cannot be convicted of statutory rape. Any person awaiting trial for the same offence is likely to have the charges withdrawn. Any person already convicted can now challenge the legality of their continued detention.
The third non-sexual assault charge against the man, under Section 3 of the Non-Fatal Offences Against the Persons Act, still stands.
The suspect was granted bail in relation to this charge. Marie Torrens BL, acting for the accused, told Judge Delahunt she would now be writing to the DPP to raise her client's case with the office and to seek clarification as to current legislation.
Ms Torrens acted as junior counsel in the Supreme Court case earlier in the week.
That case was brought by a young man who had consensual sex with a 14-year-old girl who told him she was 16. He was 18 at the time. He said the law was unconstitutional because it was not open to him to claim he honestly believed she was older or that he had made an honest mistake.
There were also a number of other developments in the courts yesterday following that Supreme Court ruling.
A Romanian man who admitted having sex with a 14-year-old Irish girl has been allowed withdraw his guilty plea.
A 41-year-old man jailed in 2004 for the statutory rape of a 12-year-old girl went to the High Court yesterday to challenge his detention. The case will be heard on Monday.
Fine Gael's justice spokesman, Jim O'Keeffe, accused Mr McDowell of complacency and "an almost flippant" approach to the crisis.
Labour's Seanad spokeswoman on justice, Senator Joanna Tuffy, rejected suggestions by Mr McDowell that a person who has unlawful carnal knowledge with a minor can still be convicted of sexual assault.
Green Party justice spokesman Ciarán Cuffe said it was vital the Oireachtas acted immediately.