Seanad debates
Thursday, 10 May 2012
Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012: Second Stage
Section 4provides for a range of defences for persons acting in the interests of the health and welfare of the victim. It is important to note that nothing in the Bill will impede a victim, or any other person, at any time in going to the Garda Síochána to report an offence. The defences in the Bill relate solely to circumstances where the victim chooses not to do this, or does not have the capacity to do so.They are also necessary to take account of the fact that many children or vulnerable persons who are victims of sexual abuse are at a very young age and often too traumatised by what has happened to them to be able to make an immediate report to the Garda Síochána. As I have mentioned, sections 2(3) and 3provide that the victim of an offence covered by the Bill cannot be guilty of the offence of withholding information where he or she does not report the offence to the Garda. It follows from this provision that a person who does not report an offence, at the request of the victim, also has a legitimate defence. This is set out in section 4(1).
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