Men in statutory rape cases face new charges

Six men were cleared of unlawful carnal knowledge charges in Dublin yesterday before being rearrested and charged with sexual assault offences.

The men included Mr C, the man who successfully challenged the constitutionality of legislation relating to unlawful carnal knowledge earlier this year.

The Supreme Court found that section 1.1 of the Criminal Law Amendment Act, 1935, was unconstitutional because it did not allow the defence of mistaken belief as to the girl's age.

This meant that the unlawful carnal knowledge charges against Mr C and others could no longer proceed.

Yesterday morning, Dublin Circuit Criminal Court agreed that the Director of Public Prosecutions (DPP) could issue a nolle prosequi against these six men, effectively dropping the charges.

The DPP had earlier signalled that new proceedings would be initiated against the men once the original charges were dropped.

Senior counsel for some of the defendants had argued that the judge should not make an order in the cases but Judge Bryan McMahon said he could see no reason why he should refuse the DPP's application.

The men were then free to leave the court but they were rearrested as they left the Four Courts complex.

They were re-charged and held in custody until they were brought before Dublin District Court later yesterday.

Mr C (23) was charged yesterday with four counts of sexual assault on a 14-year-old girl in 2001.

The other five were charged with sexual assault in relation to the same alleged offences on which they had originally faced trial.

Books of evidence were immediately served yesterday on all six, who were then sent forward for trial again to the present sittings of the Circuit Criminal Court.

All six men were granted bail with varying conditions.

The District Court heard that all six, aged between 20 and 43, made no reply after they were re-charged yesterday.

Orders were made prohibiting publication of the names of five of them following applications for anonymity from their lawyers.

The sixth man, who did not make such an application, was charged with sexual assault on a 14-year-old girl on July 17th, 2004.

Murrough O'Rourke, solicitor for one of the six, objected to the entire procedure of his client being re-arrested following his discharge from the Circuit Court.

Judge Bryan Smyth said he noted the solicitor's objections.

Judge Smyth, who dealt with three of the cases, released each of them on their own bail of €500 pending their appearance in the Circuit Court.

Judge Cormac Dunne, who dealt with the other three cases, set bail bonds of between €1,000 and €5,000. He also imposed conditions on two of the three, including that they sign on at local Garda stations and, in one case, that he stay away from the complainant.

Mr C's successful challenge to the law on unlawful carnal knowledge caused a political crisis as convicted sex offenders attempted to have their convictions overturned on foot of the ruling. New legislation was rushed through the Oireachtas to close the loophole in relation to the law on underage sex and the defence of honest mistake regarding a girl's age is now provided for.