Sexual offences in Ireland | Criminal Defence Rape

 

Have you been accused of rape or any other sexual offence? We are here to help.

Phelim O'Neill has extensive experience defending clients accused of varying degrees of sexual offences.  Phelim has successfully represented clients accused of sexual offences at District Court, Circuit Criminal Court and the Central Criminal Court.

Phelim offers solid advice to clients accused of sexual offences in relation to dealing with state agencies including the HSE, TUSLA (the Child and Family Agency) and an Garda Siochana.

If you have been accused of a sexual offence, Phelim can offer you immediate non judgmental advice over the telephone and can apply for Free Criminal Legal Aid on your behalf.  Phelim works with some of Ireland's best known criminal defence barristers and offers special attention to each and every criminal case.

"Your case is as important to me as it is to you. I have built my reputation by working for my clients diligently, and researching every possible avenue of defence through investigations and case law, building a defence that is solid and thorough to provide my clients with the best possible outcome for their situations". 

IF YOU HAVE BEEN ACCUSED OF A SEXUAL OFFENCE YOU MUST TREAT THIS MATTER AS SERIOUS, THE RESULT OF MISHANDLING SUCH A CASE CAN HAVE LIFE CHANGING CONSEQUENCES.

CALL or TEXT IMMEDIATELY: (086) 8386296

Information

A range of sexual offences in Ireland are prohibited by law. The following information sets out the most important of those offences. The precise charge for these offences depends on all the circumstances of the case, the age of the victim and the evidence available. The current penalties for sex offences in Ireland include:

• Imprisonment
• Fines
• Being placed on the Sex Offenders Register
• Sex Offenders Orders
• Post release supervision.
   

Sex offenders must tell certain prospective employers in Ireland that they have been convicted of such offences. (Garda clearance for employees.)

Rules

Rape

The crime of rape may be charged under the Criminal Law (Rape) Act 1981 or the Criminal Law (Rape) (Amendment) Act 1990. The circumstances of the case, age of the victim and evidence will decide which legislation will apply.

The maximum penalty in Ireland for a rape offence is life imprisonment. There are related offences under the law of attempted rape, and separately of aiding and abetting a rape. (That is, assisting another person to commit a rape).

Sexual Assault/Aggravated sexual assault

Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 sets out the law in Ireland on sexual assault. A sexual assault is an indecent assault on a male or a female. The maximum sentence is 10 years imprisonment or 14 years if the victim is aged under 17 years.

Aggravated sexual assault is sexual assault involving serious violence or the threat of serious violence. In common with rape offences, the maximum sentence for aggravated sexual assault is life imprisonment.

In 2006 the Department of Health published a National Review on Sexual Assault Treatment Services (pdf). The report identifies some key areas for the development of sexual assault treatment services. The HSE together with the Department of Health and Department of Justice and Equality work to ensure implementation of the recommendations in the report.

Sexual offences relating to children

There is no specific offence in law of child sex abuse. A person may be charged with rape, sexual assault, aggravated sexual assault or with one of the specific offences relating to children. The law in this area changed significantly in 2006 – further information is set out below. THE CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017 gives effect to Directive No. 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, for that purpose to amend certain enactments; to amend the Punishment of Incest Act 1908 ; to amend the Criminal Evidence Act 1992 ; to repeal certain provisions of the Criminal Law (Sexual Offences) Act 1993 ; to repeal the Criminal Law (Incest Proceedings) Act 1995 ; to amend the Criminal Law (Sexual Offences) Act 2006 ; to provide for offences relating to sexual acts with protected persons and relating to payment for sexual activity with prostitutes, offensive conduct of a sexual nature and harassment of victims of sexual offences; and to provide for related matters. 

Statutory rape

The term statutory rape is not used in the legislation but it is the term that is commonly used for unlawful sexual contact with a person aged under 17 years. Until June 2006, charges for this offence were brought under the Criminal Law (Amendment) Act 1935. In the case of CC v Ireland, the Attorney General and the Director of Public Prosecutions, the Supreme Court held that Section 1 of the Criminal Law (Amendment) Act 1935 Act was unconstitutional. Read more about what happens when law is found to be unconstitutional here. View the judgement of the Supreme Court in the case of CC v Ireland here.

The effect of the Supreme Court decision is that Section 1 of the 1935 Act is no longer a part of the Act. The rest of the Act was not affected. A new Act, the Criminal Law (Sexual Offences) Act 2006 (pdf) was passed to replace the unconstitutional provisions in the 1935 Act. It also repealed and replaced Section 2 of the 1935 Act. The original 1935 Act has now been amended many times.

Defilement of a child aged under 15 years

The Criminal Law (Sexual Offences) Act 2006 makes it a criminal offence to engage or attempt to engage in a sexual act with a child under the age of 15 years. This is what is meant by the term ‘defilement’. The maximum sentence for this offence is life imprisonment.

A sexual act for the purposes of the law includes sexual intercourse and buggery between people who are not married to each other and any sexual act which could constitute aggravated sexual assault.

The 2006 Act provides that the accused may argue they honestly believed the child was aged 15 years or over. The court must then consider whether or not that belief was reasonable. It is not a defence to show that the child consented to the sexual act.

Defilement of a child aged under 17 years

Section 3 of the Criminal Law (Sex Offences) Act 2006 (pdf) as amended by Section 5 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 (pdf) makes it a criminal offence to engage or attempt to engage in a sexual act with a child under 17 years. The maximum sentence is five years, ten years if the accused is a person in authority. A person in authority means:

• A parent, step-parent, guardian, grandparent, uncle or aunt of the victim, or
• any person acting in loco parentis (in place of parent or parents) to the victim, or
• any person responsible for the education, supervision or welfare of the victim.

The maximum sentence is greater for a second or subsequent offence.

The accused may argue that he or she honestly believed that the child was aged 17 years or over. The court must then consider whether or not that belief was reasonable. It is not a defence to show that the child consented to the sexual act.

The consent of the Director of Public Prosecutions is required for any prosecution of a child under the age of 17 years for this offence. A person who is convicted of this offence and is not more than two years older than the victim is not subject to the requirements of the Sex Offenders Act 2001. This means they will not have their name placed on the Sex Offenders Register.

A girl aged under 17 years who has sexual intercourse may not be convicted of an offence on that ground alone.

Reckless endangerment of children

The Criminal Justice Act 2006 provides for a new offence of reckless endangerment of children. This came into effect on 1 August 2006.

This offence may be committed by a person who has authority or control over a child or an abuser and who intentionally or recklessly endangers a child by:

• Causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse or
• failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation.

This offence may be prosecuted only by the Director of Public Prosecutions. The penalty is a fine (no upper limit) and/or a maximum of 10 years imprisonment.

Incest

The term incest refers to sexual intercourse occurring between close relatives. Close relatives include a child, a sibling or a parent. This is a criminal offence and charges are brought under the Punishment of Incest Act 1908 as amended by the Criminal Law (Incest Proceedings) Act 1995.

There are no age limits. However, a girl under 17 years cannot be prosecuted for incest. The maximum sentence is life imprisonment for males and seven years for females.

Sexual Offences involving people with disabilities

There are specific provisions in Ireland for sexual offences involving people with disabilities. A person who engages in unlawful sexual activity with a person with a disability may, of course, be charged under any of the provisions described above. The specific provisions for people with disabilities are contained in Section 5 of the Criminal Law (Sexual Offences) Act 1993.

This provides for the following specific offences:

• Sexual intercourse or buggery with a mentally impaired person (other than a spouse); the maximum penalty is ten years imprisonment
• Gross indecency by a male with a male who is mentally impaired; the maximum penalty is two years imprisonment.

Mentally impaired refers in law to a person suffering from a disorder of the mind, whether through mental disability or mental illness, which is of such a nature or degree as to render a person incapable of living an independent life or of guarding themselves against serious exploitation.

Child Trafficking and Pornography Act 1998

The Child Trafficking and Pornography Act 1998 ,which is amended by Section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 (pdf), deals with a number of offences involving children under the age of 17. These include:

• Child trafficking and taking a child for sexual exploitation; the maximum penalty is life imprisonment,
• Meeting a child for the purpose of sexual exploitation; the maximum penalty is 14 years imprisonment,
• Allowing a child to be used for child pornography; the maximum penalty is a fine of up to €31,000 and/or 14 years imprisonment
• Producing, distributing, printing or publishing child pornography; the maximum penalty for a summary offence is a class C fine and/or a year’s imprisonment; if charged on indictment, the maximum penalty is an unlimited fine and/or 14 years imprisonment. View further information on the censorship of video and telecoms recordings here.
• Possession of child pornography; the maximum penalty for a summary offence is a class C fine and/or a year’s imprisonment; if charged on indictment, the maximum penalty is €6,350 and/or five years imprisonment.

Further information on the censorship of film, print, video and dvd recordings and measures to protect vulnerable people in Ireland is available here.

Employment of Sex Offenders

It is an offence in Ireland for a sex offender to apply for work or to perform a service (including state work or service) which involves having unsupervised access to, or contact with, children or mentally impaired people without telling the prospective employer or contractor that he/she is a sex offender. State work or service includes work done by civil servants, Gardai, Defence Forces, local authority and HSE staff.

There is limited Garda vetting of applicants for employment.

Notorious paedophile flees Ireland vigilante mobs - and is seen on board ferry heading to UK

 A notorious child rapist has been spotted fleeing Ireland and heading to the UK in a bid to escape vigilante gangs.

Twisted Danny Ward was photographed by a concerned member of public who saw the child sex beast boarding a ferry from Dublin to Holyhead, Wales.

Ward was placed on the sex offenders’ register for life after being convicted of a horrific child rape.

However, we cannot publish any details of his conviction or sentence for legal reasons and to protect the identity of his young victim.

According to the Irish Mirror, during the trip across the Irish Sea, the 6ft 3in pervert was spotted drinking a pint at 9am as he peered into a children’s cinema.

Sick: Paedophile Danny Ward was spotted on a ferry heading to the UK

Targeted: The child sex fiend has been hounded in Ireland by vigilante groups

He also made several trips to the toilets, covering his head with a trademark cap while also using his left hand to shield his face.

And while the 35-year-old bearded brute made the crossing unscathed, he was snapped a number of times as he wandered up and down the decks, downing more booze.

Unsuspecting parents walked around the ferry, unaware they were within feet of an evil monster.

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And children played freely near the bars as Ward kept a low profile, dressed in a green baseball cap, grey hoodie, tracksuit bottoms and black coat.

Stunned: One shocked parent told how he wanted to hit the pervert

Spotted: Paedophile Danny Ward on a ferry was seen drinking a pint while on board the ferry

Casement’s Black Diaries

 Sir,—Angus Mitchell’s essay on Roger Casement’s Black Diaries (HI 24.4, July/Aug. 2016) was revealing and informative, and his affirmation that Casement was a ‘gay martyr’ is interesting—and honest. But, so far as I understand, Casement’s sexual orientation was not just about being homosexual: it was that he was attracted to boys between the ages of 12 and 14. In today’s world, his reputation would be trashed as a ‘paedophile’ and consigned to an enquiry on ‘historic sexual abuse’. (Sexologists describe as ‘hebephiles’ those who are attracted to 12–14-year-olds, on the cusp of adolescence, but the public does not seem to differentiate.)

Certainly, and deplorably, Birkenhead showed the Black Diaries to a number of influential people (including King George V, who was very dismayed) in an effort to destroy Roger Casement’s defence. This was wholly unethical and had nothing to do with the case. When I was researching the biography of William Joyce (‘Lord Haw-Haw’), who was the last man to be hanged as a traitor by the Crown in 1946, the Joyce prosecution drew on the precedent of Roger Casement. Joyce’s sexuality was neither here nor there, but they hanged him anyway for consorting with Germany in wartime, and the legal precedent was Casement, who, according to the legal records, had done likewise.

Angus Mitchell calls for ‘maturity’ in considering Casement’s sexuality: if so, we should also have the maturity to consider his apparent ‘hebephilia’. Men (and some women) are condemned for paedophilia (and hebephilia), but are individuals always responsible for their inborn sexual orientation? That should be part of the ‘mature’ discussion too.—Yours etc.,

MARY KENNY
Kent

Sir,—In his article on the Black Diaries, ‘Casement tied and tested’ (HI 24.4, July/Aug. 2016), Paul Hyde reiterates that there were a number of differing accounts of how and when the diaries came into the possession of the London authorities. Some have argued before 1916 and others, even, that forgery work continued on them up to their release in 1959.

Until the distribution of the relevant Metropolitan Police (MEPO) files in 2000 at the Royal Irish Academy’s Casement symposium there was indeed no hard documentary evidence.

However, in those MEPO papers there are two references to the diaries arriving from 50 Ebury Street on the precise date mentioned in the House of Commons in 1959. In a Special Branch minute of 22 June 1916, Superintendent Patrick Quinn wrote:

‘During the month of May 1914 Casement deposited with Mr Germain of 50 Ebury Street, Pimlico, S.W. some boxes containing books, etc. These books, which included three diaries for the years 1903, 1910 and 1911, a ledger, an address book and a memorandum book were brought to New Scotland Yard by Mr Germain on the 25th April 1916.’

This was on Easter Tuesday, after Casement’s interrogation had commenced, and is confirmed in the later reference dated 28 July 1916 to which Paul Hyde does refer. It is from a Metropolitan Police property list relating to Casement. There the contents of two trunks ‘brought to Scotland Yard by Mr Germain, 50, Ebury Street, on 25th. April 1916’ were enumerated and detailed as including ‘3 diaries, 1 ledger, 1 address book, 1 memorandum book’. Discovery of the Black Diaries was entirely the result of a voluntary act by a lodging housekeeper, Mr W.P. Germain.

I believe that this mystery is one that can now be regarded as settled despite the earlier contradictory accounts. It indicates that Scotland Yard failed to investigate the lodging houses in Ebury Street where Casement stayed, even though the police were aware of the various owners’ names from an inspection in 1915 of his cashed cheques. Had the Black Diaries been discovered a year earlier, 1916 history might have been different.—Yours etc.,

JEFFREY DUDGEON
Author of Roger Casement: the Black Diaries—with a study of his background, sexuality, and Irish political life

Sir,—Quite right that you should mark the centenary of the execution of Roger Casement. It is unfortunate that both articles supported the view that the Black Diaries are forgeries, when there is a strong body of opinion that they are genuine. In a mere letter it would be quite impossible to go into all the conspiracy theories involved. It may be that the various tests on the diaries have been inconclusive, though it is surely implausible to suggest that they are part of a continuing conspiracy, and one apparently continuing as late as 2002!
It seems to me that some simple points suggest their authenticity.
(1) Why forge hundreds of pages when a few pages would be sufficient? The authorities used samples only in their largely successful campaign to smear Casement during his trial, and especially to undermine the reprieve campaign.
(2) The authorities did set about attempting to verify entries in the Black Diaries, and notably in the case of the Belfast bank clerk, Joseph Millar Gordon. They wouldn’t have done so if they had forged the originals.
(3) There is sustainable evidence that there was another Black Diary or equivalent left at Ardrigh, and that a horrified Francis Joseph Bigger consigned this to a fire.
None of this detracts in any way from Casement’s role as a rebel on behalf of Ireland, and on behalf of the oppressed peoples of Africa and South America. But in this day and age Ireland surely no longer needs her heroes piously sanitised.—Yours etc.,

This Irish granny thought centipedes were called 'pedophiles' before her family corrected her

 FAMILIES, EH? CAN’T live with them, can’t live without them. They’re always there though, through thick and thin – and more importantly, to call you out when you’re making a spanner of yourself.

Enter, Leanne Brady’s granny, Sarah.

She’s long been suffering with a mild centipede invasion in her house. However, she’s been calling them something entirely different for the majority of her life.

Yes, Leanne’s nana thought the creepy crawlies were called … Paedophiles.

Source: Leeanne/Facebook

“I’m not afraid of them!” Sarah proudly declares in the video. “I am afraid of spiders but I’m not afraid of pedophiles.”

Well for her.

Leanne told DailyEdge:

She’s been calling them pedophiles for years. This is just her life in general. She thinks she knows everything about everything so my grandad never corrected her because it’s easier to agree with her.”

An Irish granny? Stubborn? Never.

The video, which has over 100,000 views at the time of writing, has gone over her granny’s head completely.

I honestly never thought it would go this far and she has no understanding of the internet, so the mere fact her next door neighbour has seen it has her up the walls.”

So, just to clarify once again – this is a centipede.

 

STING TURNS VIOLENT Vigilantes attack man confronted by paedophile-hunting group in Dublin after he allegedly sent sexual messages to what he believed was a 14-year-old girl

 The group said the man had sent graphic messages to a decoy and live-streamed it on Facebook as they confronted him in broad daylight yesterday afternoon

AN alleged paedophile was attacked in Dublin yesterday by a group of vigilantes.

The man, who claimed to be 26, had reportedly been messaging a decoy online who he believed was a 14-year-old girl.

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The man claimed to be 26

The incident happened yesterday shortly after he had been confronted by a paedophile-hunting group.

The team, led by a female hunter, had been messaging the man online, claiming to be a teenage girl.

The group said that he had sent graphic and sexual messages to the decoy, and live-streamed it on Facebook as they confronted him in broad daylight yesterday afternoon.

The main leader read out some of the messages they say he sent and asked why he allegedly wanted the young girl to come to his apartment and sent her indecent images of himself.

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The group confronted the man yesterday afternoon and live-streamed it on FacebookCredit: AFP or licensors

In the 33-minute video, the man claimed he had only been going to a nearby supermarket to get some groceries and would “never” be attracted to children.

But as the group interrogated him in public, large numbers of locals gathered and passersby could be heard yelling "paedo" and telling him "you’re dead".

Cars could be heard beeping and alerting others to the sting, which was in a housing estate in the city.

Around 25 minutes after they started streaming, he was set upon by a gang.

He was badly beaten over several minutes before the team managed to separate him from the pack.

They attempted to move him to their jeep to protect him, saying the violence would "ruin the case" and get their group "shut down".

But a larger group arrived and he was attacked for a second time before gardai arrived.

There is no Irish legislation that can charge someone for sending messages of a sexual or grooming nature to an underage decoy as the person is fictional.

This differs to UK law, which allows these groups’ evidence to be used in a criminal trial.

A Garda spokesman urged anyone with information about the potential sexual exploitation of children to report it to them rather than resort to vigilantism.

He added: “The activity engaged in and the manner of confrontation between such groups and their targets has the potential for violence and could result in harm to persons present.”

“[The activities have] the potential to affect future criminal proceedings”.