Seanad debates

Wednesday, 7 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages

 

1:00 pm

Photo of David NorrisDavid Norris (Independent)

With the greatest respect, I do not accept that Senator Terry is the only one with high standards. I think mine are reasonably high too. I accept and sympathise with the fact that one can have horrible cases, particularly in England, where, because they were wearing mini skirts, judges held that young adult women were inviting rape and that there was contributory negligence. These kinds of appalling situations exist. However, situations arise where a young man or woman aged 16 and a half years with a history of sexual experience goes out with a mini skirt and lipstick, or whatever the male equivalent is, to a nightclub with the intention of meeting a sexual partner. They are on the borderline and meet somebody who is then automatically guilty and has no defence. This is obviously unfair. The Minister has indicated that grey areas exist.

There have been recent cases where young people have very honestly admitted that this is the situation. We should be caring and protective in so far as is necessary, but we also need to be realistic about what is happening. I will not go on because there are other amendments. I think the Minister is quite right in that we will definitely need to return to this because it is an area where, one way or another, the Minister has acknowledged that people may be unfairly convicted because of the lack of this defence. The balancing part of it is that one could have young people exposed to a brutal interrogation. This is a comment on the practice of law and the adversarial grilling that is practised.

In most circumstances where a young person is really assaulted, raped or inveigled into a situation, this is quite clear. However, a minority of cases involve Lolitas of both sexes aged 16 and a half years who are out to extend the range of their pleasurable experience and who can be quite callous about the fate that befalls their partner. I know it is unpopular and one could get into trouble. Senator O'Rourke previously indicated how one can be excoriated for raising honest points. This has also happened to me and it is a most horrible and disgusting experience. I refuse to be intimidated by the gutter press and cookery experts writing about sexual matters.

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