Statutory rape no longer applies

Pal · 23-05-2006 01:17PM #1

http://www.rte.ie/news/2006/0523/sex.html

news just out

Manolo Blahnik · 23-05-2006 01:20PM

Wow they made a big deal over nothing he was only 17 at time ffs
and that happens everywhere

How many 14 year olds are going out with 17 year olds
What about if he was 16 would he still be a criminal

takola · 23-05-2006 01:52PM

What does it mean though? Will someone get a jail sentence if they're found sleeping with a 15 year old?
I'm sure that's unlikely considering how hard it is to get a rape conviction at all!

Blitzkrieger · 23-05-2006 02:09PM

It means they won't automatically get a jail sentence. Not if she consented to sex.

It's a bit dodgy though - the whole point of the law was to protect kids who wouldn't understand what they're consenting to.

nadir · 23-05-2006 02:17PM

ohh man, does this mean I can get it on with Japanese schoolgirls here as well as in Japan?
awesome!

blu_sonic · 23-05-2006 02:55PM

kinda opens the peadophilic door now, it should be within a 3 year gap of the gil/boys age ie. 15 and an 18 year old with consent its ok 15 and 38 year old with consent still wrong

Roen · 23-05-2006 03:03PM

Will they declare an amnesty?

(joke btw)

CuLT · 23-05-2006 03:12PM

The system works!

Remember, this is a ruling on the male being instantly guilty of statutory rape in any case, which is (now was) absurd sexual discrimination.

Also, I can imagine this will only be applied in special circumstances, ie, sexual relations between two people technically too young to consent to such an act, but old enough for it not to be horrific.

The courts are hardly going to go "lol ok cool" to 30-odd year olds having their way with kids. I submit to the court the case of Ben Affleck versus that chick in Mallrats.

Hermione* · 23-05-2006 03:58PM

Blitzkrieger wrote:

It's a bit dodgy though - the whole point of the law was to protect kids who wouldn't understand what they're consenting to.

Exactly.

However, as CuLT has pointed out, it's only the automatioc presumption of guilt which has been removed. I would imagine (and hope) that cases will still be brought against individuals in such circumstances.

nadir · 23-05-2006 04:01PM

CuLT wrote:

The courts are hardly going to go "lol ok cool" to 30-odd year olds having their way with kids. I submit to the court the case of Ben Affleck versus that chick in Mallrats.

pity, would be funny if judges spoke 4chan speak.

"SAUCE FOR GREAT JUSTICE"

HomesickAlien · 23-05-2006 04:04PM

whatever happened to the "half your age + 7" rule? :rolleyes:

ianmc38 · 23-05-2006 04:05PM

CuLT wrote:

The courts are hardly going to go "lol ok cool" to 30-odd year olds having their way with kids.

Lol.

About time that prehistoric law was changed. Is it just me or is it total discrimination? Has a teenage girl ever been convicted of statutory rape?

FillSpectre · 24-05-2006 08:04AM

ianmc38 wrote:

Lol.

About time that prehistoric law was changed. Is it just me or is it total discrimination? Has a teenage girl ever been convicted of statutory rape?

They can't be and never could while a boy could. Two 15 olds had sex the boy was guilty of statutory rape. THe law was truely unjust. The law is now rightly seen as unconsitiutional as people were not seen as equal in law. The whole law is struck off and a new one needs to be created

zuma · 24-05-2006 08:35AM

I wonder if people realise that in Ireland the age of consent is 17 years and not 16 years like in the UK?

Thirdfox · 24-05-2006 09:21AM

I thought that it was 17 for girls and 16 for boys - leading to a remarkable situation that if two 16 year olds were to have sexual intercourse the boy would be liable under statutory rape (never the girl)... Didn't seem to pass the 40.1 equality test.

*edit: scratch that... upon researching it is 17 for both, see:

http://193.178.1.79/ZZA24Y2001S249.html

and

http://193.178.1.79/ZZA6Y1935S2.html

then again the first one only applies to those "in charge" of the child - a boyfriend/girlfriend cannot be said to have "the custody, charge or care of a child" I would have thought.

The second link only talks about defilement of girls (under 17 is an offence) no mention of boys - could have been amended by a later Act though.

Opinions anyone? Where does one find the official age of consent in legislation?

Orion · 24-05-2006 09:36AM

Thirdfox wrote:

I thought that it was 17 for girls and 16 for boys

I thought it was the other way around - must check.

[edit]Just saw your edit. Interpol linky

Blitzkrieger wrote:

It means they won't automatically get a jail sentence. Not if she consented to sex.

The ruling has nothing to do with consent per se. It has to do with the automatic presumption of guilt. This presumption allowed no defence - not even the defense of honest error. It was this that was found to be unconstitutional. In this case the boy stated the she had told him she was 16 and he took her at her word.

zuma · 24-05-2006 09:51AM

When I was a teenager I also assumed that the Irish age of consent was 16 like the UK...mainly due to the large consumption of British media.

These age of consent laws should be radically changed as I knew plently of 15 year old girls when I was yonger who had babies and nothing much was said or done about it.

The age of consent should be 16 for both sex whether in hetrosexual or homosexual relationships and serious punishment should be dealth out to those having sex with both sexes under 14, lets say, unless the age diference is less than 2 years or something....as children experiment remember!

Thirdfox · 24-05-2006 10:05AM

Macros42: thanks for the link... strange however that they don't have a reference to the relevant legislation covering the age of consent (while the others have references), maybe it's laid down through common law?

base2 · 24-05-2006 11:23AM

I thought the system in place in Wisconsin was fairly good. 18 was the age limit if he/she was over the age of 23 then I think it was 16 if you were younger than that. Allows for near-age relationships and keeps out the dirty old men.

Thirdfox · 24-05-2006 11:24AM

And women!

Remember that case in America with the female teacher seducing the pupil? (And the video she sent him via camera phone?) Shocking stuff!

FillSpectre · 24-05-2006 11:29AM

It was said in the media before that depending on which law you look at the age of consent for a girl can be 15,16 or 17. I have heard legal people on the radio also talk about the fact if to 15 year olds had sex the boy is breaking the law and the girl isn't.

The acts posted up are not law. You need to check what parts of an act make it all the way through. I think, not sure somebody explianed it to me before about how acts become law and effectively they don't. If you look up th eacts on alchol you will see off licences are meant to label all items they sell. That is not the case and there was talk about how the goverenment wanted it brought in, hence the act.

Thirdfox · 24-05-2006 11:34AM

The acts must be "enacted" (lol) by the Minister via ministerial orders/statutory instruments but the Acts that I posted up I think are the most up to date provisions on the matter (open to correction of course).

P.s. once a Bill gets passed by Oireachtas it becomes an Act (and law) - however the Gov. can choose not to implement the law (by not enacting it) Confusing no? There's one provision that is overdue by something like 30 years now (non-feasance liability of State bodies) - doesn't look like it'll ever be enacted.

Statutory rape no longer applies

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