The High Court has reserved judgment in the case in which a boy is challenging his prosecution for having sex with a 14-year-old girl when he was aged 15 on grounds it is gender discrimination because, under the law, she cannot be prosecuted.
Ms Justice Elizabeth Dunne said yesterday she hoped to give her decision in February.
The judge earlier heard closing submissions from both sides and also evidence from Henry Matthews, an official in the DPP’s office.
Mr Matthews said one of the main criteria for deciding whether to prosecute under-17s had to do with whether there was an “exploitative element” to the sex involved.
Decisions to prosecute for underage sex take into account all factors including if there is a pregnancy and the boy is getting involved in looking after the child, Mr Matthews said. The DPP might decide there was no public interest in prosecuting in such situations, he said.
He was not aware of how often an offender was dealt with through the informal juvenile diversion process.