Dáil Éireann Debate, Tuesday - 8 February 2005
458 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the apparent inconsistency in court sentencing and in regard to cases of sexual assault, aggravated sexual assault and rape; and if he has proposals in this regard. [4047/05]
View answerI refer the Deputy to my detailed reply to Questions Nos. 190, 192 and 193 of 16 December 2004.
I have nothing further to add to that reply other than to say that, in general, the penalties for sexual offences are very severe. Life imprisonment is the maximum penalty for rape and other serious sexual offences. The maximum sentence for sexual assault was increased to allow for situations where there were several assaults over an extended period of time. The Sex Offenders Act 2001 provides for a maximum sentence of ten years for sexual assault of a person over 17, and 14 years where the victim is under 17.
In so far as consistency of sentencing is concerned, the Criminal Justice Act 1993 provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed by a court is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is totally independent in the carrying out of his functions.
