Fine Gael Calls For Change Over Statutory Rape Law

The latest phase in the continuing debate on rape, the age of consent and different legalative approaches to the genders has seen a TD call for a change in the law.

Fine Gael Children's Spokesman has called for constitutional change over the result of Wednesday's court case, when a man of 20 - who had sexual intercourse with a 13-year-old girl - was found not guilty.

Mr Shatter said: "The result of the court case in which a jury delivered a not guilty verdict in circumstances where the defendant pleaded that he honestly believed a 13 year old girl with whom he had sexual relations was over 17 years of age, again highlights the inadequacies of our child protection laws.”

He added: "The law in this area can only properly be reformed if a Constitutional Referendum takes place to restore an offence of absolute liability in such circumstances.

"Fine Gael is fully committed to the constitutional and statutory reforms necessary," he said.

During the trial, the jury had heard from a pharmacist who sold the under-age girl an inhaler believing she was in the 21-year-old range, and from female witnesses who said they also believed she was 18 or older.

The court had ruled the present legislation was unconstitutional because it did not permit for a defence of an 'honest mistake'.

Meanwhile, a 17 year-old male who is accused of raping a girl of 14 when he himself was underage at 15 is also challenging Ireland’s statutory rape law. Although they both were underage at the time of the incident, girls are protected from being charged with statutory rape after emergency legislation was introduced to de-criminalise child pregnancies in 2006.

See: Man Cleared Of 'Raping' Girl, 13

and: Donegal Teenager Challenges Law On Statutory Rape

(DW)