Madam, - The Government is right to point out that the hastily drafted legislation to replace statutory rape will likely lead to distressing court cases. Young victims will be interrogated by trained adults, hostile to their position.
However, Dermot Ahern's suggestion that a referendum be used to remove the defence of "honest belief" is not a superior alternative. Even if such an amendment could be drafted, the conviction of defendants without allowing them to plead ignorance is hardly just. We would be defending the child's welfare at the expense of the defendant's basic rights.
We need options to properly resolve this issue, but I would submit that removing "honest belief" is a poor solution. - Yours, etc,
PAUL TIGHE, UCD, Dublin 4.
Madam, - It is incredible for Michael McDowell to suggest that as a leading senior counsel he never heard so much as "a whisper" about the constitutional infirmity of section 1(1) of the 1935 Act - even more incredible when it emerges that he referred in a 1995 newspaper article to the Law Reform Commission's call for reform in that area.
An issue of immediate concern is the possibility of the emergency legislation also being found unconstitutional because of the gender-based discrimination it contains. Given the public disquiet and concern, and the real need to protect children and discourage predators, would it not have been prudent for President McAleese to convene a meeting of the Council of State with a view to referring the then Bill to the Supreme Court to quell the uncertainty surrounding its legality?
Finally, how can people be surprised at the failure of the Attorney General's office to pre-empt the finding of unconstitutionality when the legislation available on its website stops abruptly in 2003? - Yours, etc,
MARK COEN, Tubber Road, Gort, Co Galway.
Madam, - A 16 year-old-boy is now deemed to have committed a criminal offence by engaging in sex with a similarly-aged girl. The girl commits no offence.
If a child is born, what is likely to happen to the father? If he places his name on the birth certificate and lives up to his responsibilities, he is admitting a criminal offence. If there is any dispute regarding access to the child, the mother and perhaps her extended family have been given complete power over the child. "Follow my rules, or I'll have you arrested for statutory rape" will be the explicit or implicit threat in any dispute between the parents.
The State already shows a disgraceful lack of support for fatherhood, but this legislation is a new low. The sooner this discriminatory Act is overturned by the Supreme Court the better. - Yours, etc,
EAMONN O'NEILL, Hunters Avenue, Ballycullen, Dublin 24.