Child rapist released after 'statutory rape' law struck down

[Bartleby]

Mr A walked free after the High Court ruled that his continuing detention was unlawful following last week's Supreme Court striking down of the law on statutory rape.

The man was jailed for three years in 2004 after pleading guilty to unlawful carnal knowledge of a 12-year-old girl.

This is preposterous!

link.

 

[zulu9812]

Why did Ireland scrap 'statutory rape' as an offence in the first place? Seems a bit wierd.

 

[Bartleby]

I think it was because there was no defence of "genuine mistake."

 

[Abaddon]

what a cockup

 

[Sidhe]

Holy traversty of justice? That's just bizarre? Sounds like a loophole that needs closing, preferably by rewriting the law.

 

[Godwynn]

Even if statutory rape was struck down, what about the real rape charge of not because of her age, but because she was forced to have sex with him? Is it different in Europe than in the U.S.?

 

[Bartleby]

The problem is that he was charged under the statutory rape law, and now that the law is struck down the state has no legal grounds to hold him. There are six other men in the same situation, and they are expected to appeal as well.
I imagine a re-drafted law is being produced post-haste.

 

[Mathilda]

So does anyone know anything about how did they end up with this redicilous loophole in the first place?

 

[Bartleby]

Here is the story about the statutory rape law being ruled unconstitutional. Following this ruling, anyone convicted solely under this law cannot legally be held in custody.
The truly appaling thing is that "Mr A" pleaded guilty at his trial, and now he's released.

 

[.Shane.]

Does is say anywhere how old "Mr. A" was at the time of the offense?

 

[Bartleby]

A 38-year-old man, convicted two years ago of the unlawful carnal knowledge of a 12-year-old girl, is to challenge his continued detention in prison in court on Monday.

There is also concern about the case of a 64-year-old Antrim man who is serving four life sentences for the unlawful carnal knowledge of three girls - aged six, eight and ten.

From the RTE website.

 

[warpus]

Can't they charge him with something else instead?

 

[.Shane.]

From the RTE website.

Oh, wow, yeah, that's insane. Its like parts of the world are marching back in time toward the 1600s or something.

[joke]

So Ireland is to Europe what Kansas is to the US?

[/joke]

 

[Babbler]

Ireland, IIRC, is doing quite well.

I know one group that is really happy...

 

[Neonanocyborgasm]

This is preposterous!

link.

Sounds more like the Irish prosecutors are a bunch of bumbling idiots. Instead of charging the man with actual rape, instead of statutory, they opened the window. I suspect they did it because, based on what the Irish statute was, they figured it was easier to prove and convict on statutory rather than actual, since the defendant has no defense. Ie. they were too lazy to bother to prove actual non-consentual rape.

I don't know if they could just charge him with actual rape now, since he hadn't been before, or whether the statute of limitations has expired. It would probably be harder too, as all the parties in the case could probably barely remember now that the event is long in the past.

 

[blackheart]

Where are the Boondock Saints when they're needed?

 

[JohnRM]

This freakin' planet.