McDowell address: Legal changes in the law on statutory rape will make the situation for abused children in the criminal justice system increasingly difficult, the Minister for Justice has warned the Dáil as he introduced amending legislation.
Michael McDowell insisted that the changes required by the Supreme Court judgment "will make victims of sexual predation, who are already fearful and reluctant, far more fearful and reluctant" and young girls would be challenged in court on their appearance, behaviour and past experience.
"What we are doing today has been forced upon us reluctantly by the Supreme Court against our better judgment," he warned during a heated and intense debate on the Criminal Law (Sexual Offences) Bill.
Mr McDowell also announced that he would appoint a senior legal figure to undertake a "quick but independent review" of resources and court procedures as part of a Government move to assist State agencies in the prosecution of sexual crimes, and crimes against children in particular.
He defended his role in the wake of the judgment and insisted that "when the dust settles" it would be accepted that "successive ministers for justice, the department of justice and successive governments, including members who are on that side of the house, made the right decision in regard to this issue".
There was hectoring and repeated interruptions as the Minister introduced the amending legislation.
The Bill restores in an updated form the offence of carnal knowledge against a girl of 15 or under, but includes a defence of "honest belief" or mistake about a child's age. It also provides higher penalties for persons in authority who sexually abuse children under 17 and sets the age of consent at 17 for both girls and boys.
However Mr McDowell said the changes would "create a further chill factor in the criminal law on child protection and will add a new layer of difficulty for those whose job it is to protect children from sexual abuse and to bring abusers to justice".
Young girls "who are the victims of sexual predators will be challenged on their clothes, make- up and sobriety on the presence at pubs, discos and other venues for adults, on what they said, how they appeared and acted on what they pretended or boasted about their past and about their experience.
"On all of these issues their truthfulness and credibility will be rigorously tested by skilled lawyers acting for perpetrators and alleged perpetrators with a view to creating a reasonable doubt about the private state of knowledge or belief of the accused. That is the consequence of the Supreme Court decision."
Mr McDowell said he recoiled when it was put to him that seven men in custody should be released forthwith.
He stressed that it was a "black, black lie" to allege that legislative change was an "obvious, worthwhile reform that was left lie for 15 years by an indifferent and incompetent department of State and by successive, indifferent and negligent ministers including myself".
Successive governments and ministers for justice had chosen not to make such a change. As he named his predecessors, the Opposition interrupted that "the Minister should talk about the children instead of trying to defend himself".
Mr McDowell stressed that "in the past 10 years, there have been at least 25 cases where the law in question has been considered by the superior courts. It operated for 70 years. Many people have been jailed for many years on foot of this law".
The Supreme Court decision had "struck down the core and most heavily used statutory provision in our criminal code in regard to unlawful carnal knowledge of underage children".
