RCNI Press Release 16 December 2008
1st Case of Statutory Rape under 2006 Act shows child's vulnerability
Rape Crisis Network Ireland (RCNI) calls for the appropriate recognition of the sexual exploitation of teenage children as abuse and an end to perpetrator-supporting, victim-blaming excuses, following Judge Paul Carney sentencing in the first successful case of statutory rape under the 2006 Act.
Fiona Neary, RCNI Director, said ‘we welcome this conviction as this case demonstrates the vulnerability of young teenage girls to sexual abuse by adults – including abuse by adult teenagers. In this case the child was 14 years old and the adult was 19 years old. The significance of this age difference should not be underestimated given that one party was only 14. What is clear is the convicted man’s expectation and sense of entitlement to sex regardless of the youth of the child. What is more, this sense of entitlement led him to disregard any consideration of her reluctance to have sex, to recklessly interpret his pressure on her to engage in sex as consent and ultimately to decide that when she said ‘no’ this didn’t mean no to sex.
‘Vital to this case was that the victim’s friends recognised and named what was happening to her as wrong and acted to protect her. The RCNI wish to commend her friends who challenged the assumptions of this sex offender.’
Caroline Counihan, RNCI Legal Director said, ‘This is the first defilement case brought under the new 2006 Act that has gained a conviction and has gone to sentence. In this instance the defendant pleaded guilty, meaning he did not try to put forward a defence that he thought the child was over the age of consent. Luckily, in this case, this saved the victim from being cross-examined regarding her behaviour – under previous legislation of absolute liability she would have been much better protected from the risk of such a victim-blaming experience.
‘The 2006 Act falls short of old standards of child protection in that it does not contain absolute liability. The weakness of the 2006 Act is that it may result far fewer cases being prosecuted, as cases fail to go forward because of the risk of cross examination of vulnerable children. How many other cases of defilement did not get prosecuted in the past 19 months? Decisions not to prosecute and the reasons for them are largely invisible in the criminal justice system so without dedicated research we may never have an answer to this question.’
Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
For information contact:
Cliona Saidlear: 087 2196447
……………..End…………………
Fiona Neary, RCNI Director, said ‘we welcome this conviction as this case demonstrates the vulnerability of young teenage girls to sexual abuse by adults – including abuse by adult teenagers. In this case the child was 14 years old and the adult was 19 years old. The significance of this age difference should not be underestimated given that one party was only 14. What is clear is the convicted man’s expectation and sense of entitlement to sex regardless of the youth of the child. What is more, this sense of entitlement led him to disregard any consideration of her reluctance to have sex, to recklessly interpret his pressure on her to engage in sex as consent and ultimately to decide that when she said ‘no’ this didn’t mean no to sex.
‘Vital to this case was that the victim’s friends recognised and named what was happening to her as wrong and acted to protect her. The RCNI wish to commend her friends who challenged the assumptions of this sex offender.’
Caroline Counihan, RNCI Legal Director said, ‘This is the first defilement case brought under the new 2006 Act that has gained a conviction and has gone to sentence. In this instance the defendant pleaded guilty, meaning he did not try to put forward a defence that he thought the child was over the age of consent. Luckily, in this case, this saved the victim from being cross-examined regarding her behaviour – under previous legislation of absolute liability she would have been much better protected from the risk of such a victim-blaming experience.
‘The 2006 Act falls short of old standards of child protection in that it does not contain absolute liability. The weakness of the 2006 Act is that it may result far fewer cases being prosecuted, as cases fail to go forward because of the risk of cross examination of vulnerable children. How many other cases of defilement did not get prosecuted in the past 19 months? Decisions not to prosecute and the reasons for them are largely invisible in the criminal justice system so without dedicated research we may never have an answer to this question.’
Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
For information contact:
Cliona Saidlear: 087 2196447
……………..End…………………
Rape Crisis Network Ireland, The Halls, Quay Street, Galway, Ireland
Registered in Dublin, Ireland Company Reg.: 363350 Charity No.: 13236
091 563676
091 563677
Registered in Dublin, Ireland Company Reg.: 363350 Charity No.: 13236
