the sexual offences act 2006

Hi

I was just wondering what is the age of criminal liability regarding the Sexual Offences Act 2006? It says in section 2 and 3 that 'any person' but does not refer to 'any person's' age. Will a 17 year old get treated the same way as an 18+ year old if on trial for section 2 and 3 offences?

https://www.irishstatutebook.ie/eli/2006/act/15/section/1/enacted/en/html#sec1

Thanks

Donald Trump

You are asking the wrong question. The only place the age of the accused comes into play is that they can have the defence available to them to a charge under S3 that the victim consented, but only when they are younger than the victim, or not more than 2 years older. And the victim has to have been older than 15.

So you're saying two people who have sex underage can get done for it under s.2?

Peregrinus

https://www.boards.ie/discussion/comment/120377303#Comment_120377303

A girl would be protected by s. 5. A boy could be prosecuted. But as a policy matter there wouldn't usually be a prosecution in such a case unless there were aggravating factors.

(IIRC there was a case about 10 years ago in which a 15-year old boy was prosecuted and convicted for having sex with a 14-year old girl. He wasn't charged with rape but the facts strongly suggested that the sex had been non-consensual.)