No release for all statutory rapists, says Taoiseach

There will be no "blanket cover" for people already serving sentences for having sex with underage girls in the wake of yesterday's Supreme Court judgment, Taoiseach Bertie Ahern told the Dáil today.

Bertie Ahern

In a controversial move, the Supreme Court struck down the law making it an automatic crime to have sex with a girl under the age of 15.

This evening the Irish Prison Service said seven men were currently in custody convicted solely of statutory rape. This total excluded those who had multiple convictions for the offence.

Sentencing of a 26-year-old man who had sex with a 14-year-old girl was adjourned today.

Mr Ahern said each case would be treated separately but there would be "no blanket cover" for those already serving jail terms.

"It is not a case that people can walk free on this, but obviously they will be looking at this judgment in this case, so it is important that we move quickly," Mr Ahern said.

The Supreme Court case was brought by a young man who had consensual sex with a 14-year-old girl who told him she was 16. He was 18 at the time.

He was facing four charges of statutory rape under the 1935 Criminal Law (Amendment) Act when he brought the challenge to the Act. He said it was unconstitutional because it was not open to him to claim he honestly believed she was older or that he had made an honest mistake.

The court yesterday upheld his challenge to Section 1.1 of the Act, which outlaws sex with girls under 15, providing for severe penalties. Section 2, prohibiting sex with girls under 17 with lesser penalties, remains in place for the moment.

While accepting that a person should be able to advance a defence of honest belief about a girl's age, the court made it clear that "the protection of young girls from engaging in consensual sexual intercourse . . . is a legitimate end to be pursued by appropriate means".

The Taoiseach told the Dáil today that the Department of Justice was examining the judgment last night and this morning with a view to urgently drafting new legislation. The Department was also in discussion with the Law Reform Commission and the Attorney General's office, he added.

"This is a very important matter, a very urgent matter," Mr Ahern told the House.

"The judgment of the 23rd of May has struck down the law under which sexual intercourse with an underage girl is an offence of strict liability. In other words there is no defence of mistake as to age.

"One thing is clear. There is not a return to a law that was struck down so we have to bring in legislation.

Fine Gael leader Enda Kenny asked whether a provision in relation to young boys will also be considered when new legislation was being drafted as there was a "much more complex society now".

"I consider this an absolutely priority in terms of the protection of young people and I would support the government in taking serious action urgently to deal with this serious lacuna in the law".

Mr Ahern said the 1935 law was "for a very different society and a very different age and people must consider issues that we would all consider the norm today."

He added: "The end point is a stark one. There is no return to a law that's struck down and in that case there is not a law and we have to deal with it and we have to move quickly".

The Green Party justice spokesman Ciarán Cuffe called for immediate action in response to yesterday's judgment

"It is vital that the Oireachtas takes this opportunity to produce a contemporary piece of legislation that will protect all Irish teenagers and children.

"The Law Reform Commission recommended that this legislation be reformed back in 1990. I am calling on the Minister for Justice Michael McDowell to bring forward a piece of legislation incorporating the recommendations of the Commission without delay."

The Dublin Rape Crisis Centre (DRCC) expressed its grave concern regarding the recent judgment.

CEO Ellen O'Malley-Dunlop said: "It's a very dangerous time for some of the most vulnerable members of our society, in particular young girls under the age of 15 years."