Madam, - Today, May 23rd, marks the second anniversary of the crisis which arose when the Supreme Court found the existing legislation on statutory rape to be unconstitutional because it did not allow a defence of not guilty due to an honest mistake regarding a girl's age. Arising from this controversy, the Criminal Law (Sexual Offences) Act 2006 was passed, making it an offence for anyone to engage in a sexual act with a child under 15 years but without the standard of absolute liability.
Absolute liability in statutory rape cases means the defence of mistake as to age is not available to an accused when the child is under a certain age.
This is an essential child protection measure. Further protection can be guaranteed by inserting children's rights into the Constitution. Such protection in both constitutional and legislative terms should supersede the plea of honest mistake as to age. We believe that teenagers emerging into their sexuality should be protected at this vulnerable stage in their lives.
For some teenagers various sexual activities can be experienced as unharmful. However, the reality is that many may be pressurised, targeted, groomed, taken advantage of or neglected, and they may even be engaged in self-harming behaviour. We know from the latest Crisis Pregnancy Agency evidence just how harmful early sexual activity can be to children and the adults they will become.
Ireland must provide its children and young people with a secure mantle of protection. They are entitled to the highest level of care from the State and all its citizens. We urge all political parties to fully support and prioritise the children's referendum. Vulnerable children deserve no less from us. - Yours, etc,
CAROLINE O'SULLIVAN,
Director of Services, ISPCC;
ELLEN O'MALLEY DUNLOP,
CEO, Dublin Rape Crisis Centre;
FIONA NEARY,
Executive Director, Rape Crisis Network Ireland;
MAEVE LEWIS,
Executive Director, One in Four;
MARY CRILLY, Director, Sexual Violence Centre, Cork;
MICHAEL McLOUGHLIN, Director of Central Services, Youth Work Ireland;
NORAH GIBBONS, Director of Advocacy, Barnardos;
RITA LAMBERT, Chairperson, Parentline.