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RCNI Press Release 25 May 2006

RCNI concerned at mixed signals from Government on new statutory rape legislation

Rape Crisis Network Ireland were dismayed and concerned today at the lack of coherence in Government statements regarding the introduction of new legislation regarding statutory rape.

Fiona Neary, RCNI Executive Director said, ‘as we have strongly stated, this is not a time for knee-jerk reactions and grand standing gestures. On Wednesday the Taoiseach and Tánaiste assured the public that new legislation will be before the Dáil in two weeks time. However, within a day the Minister for Justice, Equality and Law Reform made a public statement suggesting this in fact may not be the case. The current situation is far too serious for politicians to throw promises around but then retreat on those commitments. We are left far from reassured and far from fully confident that an effective and prompt proposal will come before the Dáil.’

Kate Mulkerrins, RCNI legal Coordinator, said, ‘the RCNI propose a prompt legislative response, which we believe to be required in this instance. A rapid response need not be lacking in analysis, consultation, and deliberation provided the appropriate resources are directed at the task in hand. The young victims of sexual violence deserve a timely, excellently crafted, appropriately protective legislative response to the void created by the recent Supreme Court decision. We, the RCNI, commit ourselves and our limited resources but considerable expertise to assisting in achieving that end. We expect nothing less of the legislature.

Any proposed legislation must send a strong and consistent message to sex-offenders, that sexual exploitation of children under the age of 15 is unacceptable. We recommend reform which recognises significant age difference as a helpful factor in such legislation. It must be stressed however, that this must be coupled with the appropriate assignment as to who bears the burden of proof in respect of knowledge of age. A statutory definition of consent is also a critical feature of future legislation.

Legislation which takes into account age proximity and significant age differences, where they exist, has the capacity to recognise that whilst sexual activity amongst young peers is not automatically free of sexual violence and not without health concerns, it may on occasion be without any sexual exploitation. Equally, such legislation has the capacity to recognise that sexual activity by, for example, a man in his 40s with a child aged 13 is never acceptable.

Reform also offers the opportunity to recognise other power differentials, such as power over another, which negates any meaningful consent. We strongly urge that these aspects are part of any proposed reforms.’

Notes:
• The RCNI is the national forum of Rape Crisis Centres, 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 please contact
Fiona Neary on 087 2222009
 
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