Decision held on challenge to sex-offender law on change of address

The High Court has reserved its decision in an challenge brought by a convicted rapist against the constitutionality of laws that require sex offenders to notify the gardaí of any change of address.

The action has been brought by a man, who cannot be identified by order of the court, who served a prison sentence more than a decade ago after he admitted raping his nephew.

The man, who had a chaotic and tragic life, was 13 years of age when he committed the offence. Upon his conviction he was classified as being a sex offender.

After the offence was discovered he was initially put on a special course for young sex offenders.

He failed to complete the course because of the chaotic and troubled life he was leading. As he did not complete the course, he was charged and convicted of rape after he turned 18 years of age.

A mandatory requirement of the 2001 Sex Offenders Act requires the man to notify the Garda Síochána of any change of address within seven days.

Notification requirement

A failure to do so without reasonable excuse is an offence. The notification requirement on offenders is indefinite, but can be reviewed after 10 years.

In 2012 the man was charged with an offence under Section 12 of the 2001 Act for allegedly failing to notify the Garda of a change of his address.

The man said he believed he had given the relevant information concerning his location to gardaí.

In proceedings against Ireland and the Attorney General, the man’s lawyers claim Section 12 of the Act is vague, uncertain and does not allow a person to know what type of explanation would suffice to avoid a prosecution.

It is also argued the concept of reasonable excuse is not defined in Section 12 of the Act.

Constitutional rights

He has also challenged other sections of the 2001 Act, which he claims are disproportionate and breach his constitutional rights.

The man seeks declarations from the court that the various provisions of the 2001 Act are in breach of the Constitution and an article of the European Convention.

The State parties have opposed the application and reject claims the sections of the Act are unconstitutional. The DPP and the Irish Human Rights Commission are notice parties.

Yesterday (Wednesday), following the conclusion of the parties’ submissions on what was the third day of the hearing, Mr Justice Donald Binchy reserved his decision.