Statutory Rape and Defilement in Ireland: Recent Developments
Statutory Rape and Defilement in Ireland: Recent Developments
This chapter deals with key aspects of the criminal law relating to sexual offences against children. It sets out the legal regime governing statutory rape under the Criminal Law Amendment Act 1935; considers the effect of the decision of the Supreme Court in CC v Ireland and analyses the reasoning in that case; presents a description and assessment of the legislative response to CC; and draws conclusions and makes recommendations as to how the law in this area might be improved. The principal conclusion of the chapter is that strict liability should be reinstated as the cornerstone of the criminal law governing statutory rape. It recommends that the Irish Constitution be amended to permit this to happen; but that a legal regime built on the principle of strict liability should be structured so that experimental sexual behaviour between children of comparable age should be excluded from the ambit of a newly configured offence of statutory rape.
Keywords: Irish law, criminal law, statutory rape, Criminal Law Amendment Act 1935, Irish Constitution, sexual offences, crimes against children, strict liability
Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.