Legal Commentary

Ireland Debates Statutory Rape

By TChris

With good reason, almost nobody believes that it should be legal for an adult to have sex with a ten year old child. But what about the 18 year old who participates in a sex act initiated by a 16 year old? What if the 16 year old lied about his or her age to the 18 year old?

The age at which a teenager is legally entitled to consent to sex varies from state to state, but tends to be in the range of 16 to 18. Some states treat "statutory rape" as a less serious offense if the adult and minor are not separated by more than 4 years of age. Some permit a defense of "mistake of age," but most do not.

Two years ago Ireland's Supreme Court struck down a statutory rape law because it did not permit a defense that the adult was reasonably mistaken about the minor's age. The Director of Public Prosecutions supports a referendum to restore the "strict liability" law; that is, mistake of age would not be a defense. Meanwhile the Irish parliament struggles to replace the law. It must decide whether to set an age at which the defense of mistake will not apply, and where to set the age of consent. Here's one view that American states would do well to adopt: trust juries. [more ...]

All parents want to protect their children, but their support for a strict liability law wanes when it is their 23-year-old son who is jailed for child rape when he has consensual sex with a 16-year-old girl who tells him she is 18 and looks 21. Juries know when an age gap is defensible or not: without adequate protections, restoring the offence of statutory rape may create as much injustice as it is intended to prevent.

Full post as published by TalkLeft on June 28, 2008 (boomark / email).