Dáil Éireann Debate, Wednesday - 26 January 2005
720 Ms McManus asked the Minister for Justice, Equality and Law Reform the legal age of sexual consent for females and males; if there is a difference for gay and lesbian couples; the position regarding a case in which a minor and another minor is involved; and if he will make a statement on the matter. [1077/05]
View answerThe common age of consent for both heterosexual and homosexual relations under Irish law is 17 years. However, consensual homosexual relations between females is not an offence except where one of the parties is under 15 years of age. Under Section 1(1) of the Criminal Law Amendment Act 1935, unlawful carnal knowledge of a girl under the age of 15 years is an offence punishable with a maximum sentence of life imprisonment. Under Section 2 (1) of the Act, unlawful carnal knowledge of a girl aged between 15 and 17 years is an offence punishable in the case of a first conviction by a maximum prison sentence of five years and in the case of a second or any subsequent conviction by a maximum prison sentence of ten years. Consent is not a defence.
Under section 3 of the Criminal Law (Sexual Offences) Act 1993 an act of buggery with a person, male or female, under the age of 15 years is an offence punishable with a maximum sentence of life imprisonment. Where the person against whom the act has been committed is between 15 and 17 years of age the offence is punishable in the case of a first conviction by a maximum prison sentence of five years and in the case of a second or any subsequent offence by a maximum prison sentence of ten years. Again, consent is not a defence.
A discussion paper on the law on sexual offences was published some time ago by my Department. The first legislation to arise from an analysis of the views received on the paper resulted in the Sex Offenders Act 2001. The paper also addressed the matters raised in the Deputy's question. If I consider, following the examination of the responses received to that discussion paper, which is ongoing, that any of these matters require statutory intervention, I will seek the approval of the Cabinet to prepare the necessary legislative proposals.
