Amendments: The emergency law restoring the age of consent to 17 while making a sexual act with a child under 15 punishable by up to life in prison was passed by the Dáil yesterday without a vote.
Minister for Justice Michael McDowell accepted one Opposition amendment to the Criminal Law (Sexual Offences) Bill, 2006, during the short Dáil debate, and introduced two amendments of his own.
However, there was no substantial change to the Bill and more significant amendments were not reached. The legislation was supported by all the major parties and was passed without a vote, as only Joe Higgins of the Socialist Party opposed it.
Engaging in a sexual act with a child between 15 and 17 would be punishable by up to five years in jail, or 10 years where the accused was a person in authority, such as a close relative, teacher or other person acting in loco parentis.
The law also extends protection to boys for the first time. The legislation struck down last week related to girls only.
In response to the Supreme Court decision, the Bill allows for a defence in which the defendant could prove that he or she honestly believed that the child was above the age to which the offence applies.
It was the absence of the prospect of such a defence that led the Supreme Court to strike down the old legislation.
The Minister introduced two amendments to his own Bill. One of them involved the protection of the anonymity of the victims, while the other gave the court power to allow or disallow evidence about the previous sexual history of the victim.
Mr McDowell accepted one Opposition amendment from Fine Gael justice spokesman Jim O'Keeffe that someone convicted of statutory rape who is 24 months or less older than the victim should not have their name on the sexual offenders' register.
In response to another amendment from Mr O'Keeffe on the age of an accused person who was acting as a guardian of the victim, the Minister said he would look at the issue in an all-party committee to review the emergency legislation which he proposes to establish.
