RCNI Press Release 7 May 2009

Committee report on statutory rape falls short of the highest standards of child protection

Rape Crisis Network Ireland (RCNI) today while welcoming the report of the Joint Committee on the Constitutional Amendment on Children’s, 2nd report which concerns the criminal law aspects of child protection were also dismayed at certain aspects.

Fiona Neary, RCNI Director said, ‘there is much to be welcomed in this latest report which is informed, thoughtful and considered. In particular we welcome Garda regional specialisation in child protection, additional special measures and court facilities, restrictions on the use of a defence of a mistake as to age in statutory rape cases, measures to avoid delay, as well as barring a defendant from personally conducting the cross examination of the victim.

‘We hope many of these recommendations are already at an advanced stage of implementation as many were recommended by the previous Committee (November 2006). We continue to await the audit of the progress of implementation of the Joint Committee on Child Protection Report as promised to us by the Minister of Children in November 2008.

‘However, the RCNI are disappointed that the Committee could not reach consensus on recommending a Constitutional Referendum. The RCNI continue to hold that absolute liability, concerning victims under a certain age, is a vital and unique tool in protecting children.

The preservation of the Constitution as it currently stands should not stand in the way of child protection needs. This Committee was charged with examining how child protection matters were being accommodated in our Constitution. Instead, they have avoided the elephant in the room, the Constitution, and redrawn and built upon the good work already undertaken by the Joint Committee on Child Protection (report Nov. 2006).

‘The RCNI believe that some children will be failed if government adopts the Committee’s position on Absolute liability in Statutory Rape cases. Facing the possibility of cross examination, some parents and children will choose not to go through such a potentially traumatic event at all. They will choose not to report at all, or to withdraw after reporting. We currently have no way of monitoring how often this will happen .

‘Children of an ever younger age are experiencing sexual pressure, grooming and exploitation. Without absolute liability in statutory rape cases there is less chance that offences of sexual exploitation of children will make it into our court rooms. Instead, the sexualisation of our children and the sexual exploitation this facilitates and minimises, a problem which evidence shows is intensifying and accelerating, may become less visible to the criminal justice system.

‘Already a very small number of cases make it to court. the lack of absolute liability makes it increasingly difficult to hold to account adults responsible for sexually exploiting children.

‘In the absence of receiving protection from the State and the criminal justice system, child victims of sexual exploitation may struggle in their recovery. Some will pick up the phone to a rape crisis centre or find the necessary support elsewhere, many will not.

‘There is a long and shameful history in Ireland of not acting to ensure good child protection until a sexual abuse scandal reveals the inadequacies of our current system. Unfortunately, the journey that began in May 2006 with the CC case and the opportunities to re establish absolute liability since then, have been missed. This Committee has again denied the Irish people the opportunity to vote on whether or not the protection of children should be a priority protected by our Constitution.

Clíona Saidléar, RCNI Policy & Communications Director said, ‘the RCNI continue to recommend that the age of consent should stay at 17. The age of consent is an important child protection measure that signals our commitment to offer our children a childhood free from sexual exploitation. It is a measure that supports and upholds a child’s right to say no. There is no public demand to do so.’

Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a voice for survivors and is a catalyst for social change towards a society free from abuse.

For information contact:
Clíona Saidléar: 087 2196447