If two underage teenagers have sex the boy is guilty of an offence. The girl is not. This is according to the Criminal Law (Sexual Offences) Act 2006 in which the male, if under the age of 17, can be imprisoned for up to 5 years. It doesn’t matter if the sex is consensual, non-abusive or even initiated by the girl, the boy is always guilty.
This law is a clear example of gender discrimination. Despite this, the Supreme Court upheld the law following an appeal earlier this year. Furthermore, it is important to consider the psychological damage that such a ruling could cause for both parties. The court case is sure to turn the boy’s life upside down and the responsibility (or even guilt) felt by the girl for bringing about such a conviction could be very damaging.
Help us in our bid to change this. This law should protect young people, not discriminate and incriminate them. Sign&share today.
To the Supreme Court of the Republic of Ireland,
We, the undersigned, call on the Supreme Court to review the law which incriminates boys for engaging in underage sex, Criminal Law (Sexual Offences) Act 2006.
We believe that this law clearly discriminates against males and should be changed to be gender neutral. Many other states employ a law which includes close-in-age exceptions. This would mean that if two underage people of a similar engage in sexual activity neither can be prosecuted. If the law was designed in this way it would still protect young people from sexual abuse by adults.
Furthermore, it important to consider the psychological damage that such a conviction could bring about. Firstly, the male will have to undergo a very traumatic court case and faces the prospect of 5 years in prison. Secondly, the female may feel responsible for bringing about such a conviction. It is unnecessary to put young people under such stress and leave them with a criminal record against their name.
We consider that a different approach should be taken in order to protect young people. Education is important, but overall it is unjust to describe underage teenagers as criminals for engaging in sexual activity.
Thank you for your attention and we hope that our comments are taken seriously.
