RCNI Press Release 27 June 2008
Fact: Fears of Injustice in Statutory Rape cases are unfounded
Rape Crisis Network Ireland (RCNI) welcomed the DPP’s revelations today regarding the profile of the cases prosecuted under statutory rape legislation in 2007.
Fiona Neary, RCNI Director, said ‘One of the concerns raised in the child protection debate and statutory rape cases was that the law was being used, or could be used, to control and punish teenage sexual exploration that was essentially non-coercive. Today the DPP has stated that these fears are without grounds. In 2007, the DPP has used his discretion under the statutory rape legislation to prosecute cases where there is a considerable age disparity – the lowest age disparity was 5 years, the greatest age disparity was 31 years, with 14.2 years of age disparity being the average. In any cases where there was similarity in age with the teenage victim, there were clear indications of grooming and coercion. The office of the DPP today stated it is misguided to suggest that Statutory Rape Legislation is being used to criminalize sexual exploration amongst teenage peers. That is simply not the case.
‘Our Justice system relies on the discretion of the DPP’s office. This discretion is tempered by many considerations not least the public interest and the winnability of a case going before a jury. The RCNI and others have argued that this discretion should and must continue to be our safeguard against injustice. Evidence today shows we were right in doing so.
The RCNI very much welcome the DPP’s transparency on this issue. Caroline Counihan RCNI Legal Director said, ‘we congratulate the DPP for moving to make transparent some of the workings of his office. We feel strongly that public debate should be based on the facts and not the fears or speculation about what is going on behind the closed doors of the DPP’s office. Informing public debate on this and other issues benefits everyone.’
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
Fiona Neary: 087 2222009
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