Brendan Howlin (Wexford, Labour)

It appears that girls can only achieve innocence if they perform full sex.

I wish to raise another anomaly I have seen in the Bill. If the defendant believes a 14 year old is 15, it is a complete defence to a charge under section 2. Since section 3 is limited to sexual acts with persons over 15, a defendant cannot be charged with an offence under that section. Therefore, if somebody is accused of a sexual act with somebody under 15, and he makes the case that he thought the girl was 16, if he is believed by the jury it, is a complete defence and he cannot be charged with the other offence, that he has committed a sexual act with somebody between 15 and 16. I do not believe that is what the Minister intends but it is one of the consequences of the Bill and I will be seeking——

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