The Minister for Justice, Equality and Law Reform Michael McDowell today briefed Cabinet colleagues on proposals to close a loophole after the Supreme Court ruling that parts of existing laws on statutory rape were unconstitutional.
It is understood that new legislation could be ready for publication within two weeks, although the Minister sounded out the opinions of Cabinet colleagues at this morning's meeting.
Besides creating a new single age of consent of 16 for both sexes, Mr McDowell plans to make it illegal for anyone to have intercourse with a 14- to 16-year-old if they are more than two years older.
An accused person could not make a defence claiming there was consent if the person with whom they had sex was under 14, while adult women could be prosecuted for having sexual relations with under-age boys.
The Supreme Court struck down Section 1 (1) of the 1935 Criminal Law (Amendment) Act last week on the basis of a case brought by a young man who had consensual sex with a 14-year-old girl who told him she was 16.
He was 18 at the time. He claimed the law was unconstitutional because it was not open to him to claim he honestly believed she was older.
Although the Supreme Court struck down Section 1 (1) of the Act, it upheld other aspects of it, including Section 14, which states consent is never a defence in a case involving someone aged 15 or under.