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McDowell promises new statutory rape law before weekend

01/06/2006 - 07:21:54
Minister for Justice Michael McDowell has announced plans to introduce emergency legislation on statutory rape before the weekend.

The move follows the Supreme Court's judgement last week that Ireland's existing laws on underage sex are in breach of the constitution.

The court said the law was unconstitutional because it did not allow a man who had sex with a girl under the age of 15 to argue that he genuinely believed she was older.

Mr McDowell told the Seanad last night that the new legislation he is planning to introduce in the next two days would address this situation by allowing the argument of "mistaken belief".

The Government was initially planning to recall the Dáil next week to pass the legislation, but the minister appears to have brought this forward due to rising anger over the handling of the matter.

He was also planning to completely overhaul the laws on statutory rape, but now appears to have opted for a constitutionally-sound version of the original 1935 legislation instead.

Speaking about the matter this morning, Labour Party TD Brendan Howlin said he was happy that Mr McDowell had "finally shaken himself out of his complacency".

"This whole affair is a shambles from the beginning," Mr Howlin said.

"Last week, he told the Dáil there was no gaping hole for people to walk free. The Taoiseach told the Dáil that nobody would walk free.

"They were both wrong and it has convulsed the people of Ireland, who rightly demand that legislators protect their children."



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