Seven people serving prison sentences for statutory rape under the terms of the 1935 legislation which was found to be unconstitutional by the Supreme Court earlier this week are likely to be released, according to legal experts. Stephen Collins, Political Correspondent, reports.
However, a senior Government source emphasised last night it was still a crime to have sex with someone under 15 years of age, despite the decision to strike down Section 1 (1) of the 1935 Criminal Law (Amendment) Act.
He was commenting on a statement from the Prison Service that following an initial examination of records, it appeared there were seven prisoners in custody solely on the basis of a conviction under Section 1 (1).
The figure did not include prisoners who are in custody on several charges including one under section 1 (1) of the Act. Only prisoners convicted solely under this section stand to win release.
Section 1 (1) reads: "Any person who unlawfully and carnally knows any girl under the age of fifteen years shall be guilty of a felony, and shall be liable on conviction thereof to penal servitude for life or for any term not less than three years or to imprisonment for any term not exceeding two years."
The Supreme Court made its decision on the basis of a case 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 claimed the law was unconstitutional because it was not open to him to claim he honestly believed she was older. Although the Supreme Court struck down Section 1 (1) of the Act, it upheld other aspects of it, including Section 14, which states consent is never a defence in a case involving someone aged 15 or under.
The Government source said any sexual activity involving someone under 15, regardless of whether or not they consented, remained a very serious offence with a sentence of up to 14 years' imprisonment for sexual assault. Any sexual intercourse with a minor against their will carried a potential life sentence for rape.
An amendment to the Act will be produced as quickly as possible in order to ensure that the protection given by the Act to girls under the age of 15 will be maintained.
"There is no return to law that has been struck down and we must bring in new legislation," the Taoiseach told the Dáil yesterday.
Attorney General Rory Brady and Minister for Justice Michael McDowell are working on the legislation as a matter of urgency. Tánaiste Mary Harney said they hoped to have the new law ready for consideration in two weeks.
Sentence on a man who had sex with a 14-year-old girl has been adjourned at Dublin Circuit Criminal Court to allow the State consider the Supreme Court ruling.