Mc Dowell's Double Whammy.

national | rights, freedoms and repression | news report

Thursday June 01, 2006 11:32

by Chris Murray - The Unmanageables

Supreme Court Friday 2nd June/ Legislation Friday 2nd June.

The attempt by Michael Mc Dowell to defuse the crisis over the statutory rape ruling of Last week, and the Laffoy decision on the Mister A case smacks of indolence. The usual political opportunism of the Government is revealed in an attempt to bury the issue in the Summer recess and hope it will all go away. The catalogue of Laissez -faire policy indicated by the State's refusal to deal with the issue which was amply signposted and reported in Yesterday's article is compounded by reports that the state was told in 1990 by the Law Reform Commission that the law should be changed , because it was open to constitutional challenge on the grounds of reasonable belief.

Protest groups were and still are converging on the Dail tomorrow, the time was set for one o clock. Mr Mc Dowell
has put down emergency legislation on the issue of the statutory rape laws for 10.30am. Thus attempting to defuse the protest. At the same time Ger Hogan SC for the State will appeal the Laffoy decision at the Supreme court, which led to the release of Mr A, and which compounded the crisis.

Mr Justice John Murray, who allowed for the State appeal of the A case, stated that the jurisdiction of the court was insufficent to address what is a legislative issue. Thus Mc Dowell, possibly anticipating the failure of the appeal has drafted in the last twenty four hours ,a new Statutory Rape law.

It is similar to the old legislation and includes again the defence of reasonable belief, i.e, the perpetrator of the rape can claim that the victim told him or he had sufficent cause to believe that she was above the age of consent.
As far as I am aware the law does not allow for any change in the current court system wherin the burden of proof in a case of rape is weighed towards the criminal and the victim must prove
beyond reasonable doubt.

The age of consent is to remain at 17 years,
it is a criminal offence to have unlawful carnal knowledge of
a child below the age of 15 years.
It is a lesser offence to have unlawful carnal knowledge of a child aged between 15 and 17 years.

Mr Mc Dowell has, therefore , left the law unchanged and exhibited no understanding of the victim's right not to relive the crime through the court process.

In summary:

Emergency Legislation to be put down Friday 2nd June
(10.30-2.00pm)

Appeal of the Laffoy decision by the State , Ger Hogan SC
will be heard under Mr Justice John Murray.

A cynical attempt to redress the issue of Statutory Rape in time for the Summer recess in the hope that the public outcry will defuse?