A constitutional referendum to deal with the fallout from the statutory rape controversy is likely to be held next March in tandem with the planned plebiscite on the rights of the child, write Carl O'Brien, Social Affairs Correspondent, Miriam Donohoe, Political Staff.
Proposals are at an advanced stage for an amendment to the Constitution that would make it impossible for an adult to defend having sex with a young person on the basis of mistaking their age.
The amendment would address the fallout from the Supreme Court ruling in May allowing for a man's acquittal on the grounds that he genuinely believed a girl was old enough to offer consent for sex.
Government sources say the amendment - which involves rewording Article 38 of the Constitution - could be voted on at the same time as the planned referendum on children's rights, which is expected in March next year.
The plans for the statutory rape amendment are understood to have the support of Minister for Children Brian Lenihan and Minister for Justice Michael McDowell.
The Joint Oireachtas Committee on Child Protection is expected to recommend the amendment before the end of this month.
Mr McDowell and Mr Lenihan are members of the committee, which was set up in the wake of the statutory rape controversy.
While some elements of its final report are still under discussion, well-placed sources say that following meetings this week, the committee is poised to call for:
a common age of consent of 16 for boys and girls;
a strict "absolute liability" offence that would make it illegal for adults to claim the defence of "honest mistake" for sex with under-15s;
a ban on young victims of rape or sexual assault being cross-examined on their "sexual deportment";
training for judges and legal experts in dealing with young people in the justice system; and
more resources to allow for the provision of evidence from children via video link.
The committee is also examining the possibility of a "two-year gap" that would allow young people to engage in consensual sex as long as there is not more than a two-year age gap between the partners.
Teenagers called for such a move in a recent Government consultations that involved meetings with more than 200 15-to 18-year-olds.
The committee, however, has not reached a decision on this issue.
Sources say an age of consent of 16 - which has the backing of most committee members - makes sense given that 16 is the consent age for medical procedures.
As well further protecting young girls, a referendum on removing the defence of "honest mistake" would help boost the chances of success in the wider referendum on children's rights, according to senior sources.