Seanad debates
Friday, 11 December 2015
Criminal Law (Sexual Offences) Bill 2015: Committee Stage
10:00 am
Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source
I do not wish to diminish the seriousness of the topic we are discussing. On the issue of fines and mandatory prison sentences, mandatory imprisonment is limited to a small number of offences, namely, certain drugs and firearms offences. The sexual exploitation of a child is addressed in the Child Trafficking and Pornography Act 1998 and carries a penalty of a life sentence. We are dealing today with an offence that is in part financially motivated. Therefore, the addition of a fine, as provided for in the amendment, is appropriate. It should be noted, however, that the amendment has been passed.It is a worthy debate but we have work to do.
In terms of the sections, as outlined by Senator Norris, and on the apparent discrepancy in the definition of what constitutes a child, these are technical issues and relate to international law. Section 3 is an EU directive requirement and, therefore, the age is 18 years. Section 4 is a passive form of sexual assault and the age below which one cannot consent to an act which may amount to sexual assault is 15 years. Section 5 stipulates 17 years which reflects the age of consent in national law generally.
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