Advice on the Criminal Law (Sexual Offences) Bill 2006

On 23 May 2006, in the case of CC v Ireland and others, the Supreme Court struck down Section 1 (1) of the Criminal Law (Amendment) Act, 1935 as unconstitutional. Section 1 (1) of the Act provided for a strict liability offence of engaging in sexual relations with an underage girl.

A defence of reasonable mistake as to age was not available to an accused. All that had to be proved was that the act took place and the age of the girl. The Supreme Court found that the lack of a defence of reasonable mistake as to age was unconstitutional.

As a consequence of the decision, there was no provision on the statute books rendering consensual sexual relations between an adult and an underage girl a criminal offence. The Government moved quickly in an attempt to fill this legislative gap.

On the evening of 1 June 2006, the Criminal Law (Sexual Offences) Bill, 2006 was referred to the OCO. We submitted our advice on the morning of 2 June 2006. On 2 June 2006, the Criminal Law (Sexual Offences) Act 2006 was enacted, the Bill having been presented on 1 June and clearing all Parliamentary stages on 2 June.

• June 2006
• Type: Advice
• Topic: Child protection