**When a child is 12, and the other one is like 41, I don't think the term should be called 'consensual'. That is a travesty. All these specious arguments are just so much shite.
Teen-sex jail plan as law crisis deepens
Fine Gael bill revealed - Cabinet to meet on ruling
THE fallout from this week's landmark Supreme Court decision on underage sex stretched from the legal to the political arenas last night.
It claimed its first 'casualty' after a 26-year-old Romanian was allowed to withdraw his guilty plea of unlawful carnal knowledge of a 14-year-old Irish girl.
In a second case, a 41-year-old man who has served two years of a three-year sentence for statutory rape of an underage girl is to ask the High Court on Monday to release him from detention.
And Fine Gael drafted a bill, which would jail 16-year-olds for having sex with each other.
The series of developments come as Justice Minister Michael McDowell prepares to go to Cabinet on Tuesday with a general outline of new law reform in the wake of the Supreme Court ruling.
Yesterday, he denied the Supreme Court decision had resulted in an "open day for perverts". And he claimed there was no "gaping black hole in our criminal law".
But the CARI Foundation, which provides therapy to sexually abused children, called for urgent action to protect children from sexual "predators".
The Irish Society for the Prevention of Cruelty to Children (ISPCC) warned that offenders who might now appeal their convictions would in turn be taken off the sex offenders register if their appeals succeeded.
And Rape Crisis Network Ireland said this week's events signalled to sex offenders that the law could be manipulated.
Fine Gael's new bill, which has not yet been published, is bound to result in a fresh storm of controversy.
It would make it it an offence to have sexual intercourse with a person aged between 15 and 17 years.
The bill also states that if the offender is a person in authority, such as a parent, uncle, aunt or guardian, or somebody at least five years older than the other person involved, a jail term of up to five years is proposed.
However, the bill states that where the offender is not included in either of those categories, a three-year jail term could be imposed. Last night there were growing calls for the loophole in the law to be plugged as up to a dozen convicted and accused sex offenders are lining up to have their sentences quashed or cases dropped in the wake of the Supreme Court ruling.
Dublin Circuit Criminal Court was told yesterday the DPP was not proceeding with its case against Valintan Stan of St Theresa's Gardens, Rialto, Dublin.
He had initially pleaded guilty to having unlawful carnal knowledge of an under 15-year-old girl.
The second case of a man already serving a sentence is the first of seven expected to come back to the courts in the coming weeks following the Supreme Court ruling striking down the law on statutory rape.
The man, who was 38 at the time when he was convicted of unlawful carnal knowledge of a 12-year-old girl, will challenge his continued detention in prison at a High Court hearing on Monday.
Mrs Justice Mary Laffoy ordered an inquiry into the man's detention under Article 40 of the Constitution.
The man is currently being held in Arbour Hill Prison after being sentenced to three years in 2004. Fine Gael had initially planned to publish its proposals, titled the Criminal Law (Amendment) Bill, 2006, next week.
But party strategists have now decided to wait until they see the briefing to be given by Justice Minister Michael McDowell to the Cabinet on Tuesday.
The party intends to submit the proposals as a private members bill to replace the provisions of the Criminal Law (Amendment) Act 1935 in light of the Supreme Court decision that a section of that act was against the Constitution.
That decision left a gap in terms of legislation on sexual offences and meant there was currently no statute that prohibited consensual sexual intercourse with a person under 17 years.
Fine Gael said the aim of its bill was to fill that gap in the law and set out specific offences and penalties in line with the recommendations of the Law Reform Commission in its report on child sexual abuse in September 1990.
Under the party's proposals, it would be an offence for anybody to have sexual intercourse with a teenager aged between 13 and 15.
Conviction would result in a prison term of up to seven years. It would also be an offence for any person to have sexual intercourse with a child under 13 years and conviction will mean a sentence of life imprisonment.
(28.5.06 09:53)
That he only got three years in the first place makes me sick. I hate this rehabilitation bullcrap, if you like having sex with children, then thats a sickness you have and whether remorseful about it or not, you should be kept away from children forever. It's their own damn fault for doin it in the first place. People, in the main, don't suddenly change their preferences, if their evil perverts today, they will, by and large be the same tomorrow.
(28.5.06 09:54)
p.s - the 'you' is detached, I'm not actually talking about you, obv!