The Position Of the 12-17 year old Girl in Irish Statute

national | gender and sexuality | opinion/analysis Sunday May 20, 2007 11:26 by C Murray

The Creation of An Underclass In Irish Society

To Precede this 'Opinon and Analysis' on the Constitutional crisis of May and June
2006 and right up to this election, I want to state that the statute which came about
as a result of emergency legislation equally mitigates against the 12-17 year old
pre-consent boy; but the sub-title of the piece is focussed on the creation of an
under-class. The collapse of the 1935 legislation which came about as a direct
result of the Laffoy Judgement on the 'A' case led to the introduction of the Criminal Law
(Sexual Offences) Bill 2006, (amended 2007), this included the insertion of the
unconstitutional section 5 into the statute, which still stands , without repeal and
without re-visit.

The response to the 'A' and 'CC' cases by the current Government was to say the least,
lukewarm. Within one week of media- led frenzy on the challenges by sex-offenders to
the collapse of legislation , Minister Mc Dowell introduced the Criminal Law (Sexual Offences)
Bill 2006.

The Bill was not given to the Opposition in any substantive detail until the evening
before the vote, and Pat Rabbitte claimed that the details of the legislation were unseen
by members of the Opposition. At the same time Mr 'A' was in Court being sent back to
Arbour Hill. The Seanad passed the legislation and the President attached her seal.

http://www.indymedia.ie/article/76365
http://www.indymedia.ie/article/78494
http://www.indymedia.ie/article/76381

The disputed Section 5 of this legislation allows for the criminalisation of kids in the
pre-consent age group for normal sexual activity, making no distinction between
the crime of rape/serial sexual offence of children by adults and consensual sex
by partners of a similar age.

Ciaran Cuffe TD read a letter by the Ombudsman for Children asking for the removal
of that section from the legislation. The Bill in Toto went through both houses of the Oireachtas
and is on the Statute.

The request for a 'Sunset clause' - a revisit of the statute within two years was denied.
The request for a 'Romeo and Juliet clause' was denied, this involves a recognition
by legal people that there is a difference between sexual crime and pre-consent
sexual activity.
Added to this was the allowance for the rape victim to be 'put on the stand' to justify
clothing etc.

All parties objected but did not impede its passage through the Dail.
Joe Higgins voted against the Bill.

The Immeadiate effect was the creation of the all-party Oireachtas Committee:

http://www.indymedia.ie/article/77462 ,

Which like the Dail Debate was characterised by a severe gender imbalance, comprising
3/15 in terms of female input.{no woman TD was heard during the debate in the lower
House, Ms Harney left quite soon into the debate}
The Committee's recommendations have not been implemented.
There followed the Constitutional Referendum on Child Protection which included
a 'Section 5' which would have reversed section 5 of the emergency legislation, but
not confront the issue of 'difference' in the need for specific protection of the
young girl.

The referendum is 'called off' until after the election.

In early 2007 , the legislation was amended due to a 'solicitation loop-hole'
All cases effected by the unlawful carnal knowledge of a minor are either
re-tried or in the process of re-trial by the DPP.

The Minister for State at the Dept of Health and Children /the Dept of Health and Children
has not transposed the rights of the child into Irish legislation:
and was called to Geneva to answer to that.

These rights include:
The right to safety, to education, to healthcare, to privacy.

The 12-17 year old girl in Ireland does not enjoy these rights, the deprivation in infrastructural
support through provision of supports in relation to gender difference are blatantly
obvious. This includes a run down in Rape trauma centres, a lack of proper sex
education, a Lack of safe places to discuss reproductive rights information which
are freely available; and respects her right to privacy with her medical representative
and bodily integrity with her choice. The 'D' Case and its repurcussions indicate that
the problems of crisis pregnancy and the refusal by the current Minister for Health
and children to regulate counselling services in the area of reproductive rights.

Currently on our statutes, then, we have a Law which has not been re-visited or
repealed which indicates a failure by the State to openly discuss the female child's
gender difference within the wider context of Women's rights. Which criminalises
both boys and girls through the insertion of Section 5 into the Statute and was
introduced as a response to the collapse of the 1935 legislation as a result of
the Laffoy Judgement on the unconstitutionality of the 1935 legislation.

Or as I have said before: Minister Mc Dowell's answer to a question no-one has asked.

The legacy of Child abuse in this State and the refusal to confront the constructs that
inform a deep distrust of women's and girls rights has led to such appalling cowardice
which includes the Goldenbridge Scandal/The Magdalean Homes/The death of Ann
Lovett/The 'X' case. Refusal to confront the area of gender difference and womens and girls
rights; and to obfuscate within another referendum the issues that the insertion of
Section 5 have uncovered.

http://www.indymedia.ie/article/79673

copies of the debates for June 1st -2nd 2006 are available at:-
http://debates.oireachtas.ie
or in hard-copy from the Government's Publication Office.

The perameters for the Joint Committee on Child Protection
(Wednesday ,19th July 2006):-
http://debates.oireachtas.ie

This too, is obtainable from the Government's Publication Office.