Seanad debates

Friday, 11 December 2015

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

 

10:00 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I would like to tease out a few issues. This section relates to incest. Can incest take place between two males? There is an exclusion of male-to-male sexual activity from the Bill. I am curious as to why. I am not advocating that it should be included but I am curious to know why this particular form of behaviour is not covered by the Bill.

Regarding the line "Any female person of or above the age of 17 years" in section 23, what about someone who is 16 and a half years of age? Does the world dramatically change on a 17th birthday? Is it perfectly legal for a girl of 16 and a half or 16 and three quarters years of age to have sex with her grandfather, father, brother or son? The provision reads, "knowing him to be her grandfather, father, brother or son". There was a tragic case in Germany in the past ten years of a brother and sister who were separated at birth, did not know each other and went to different families. I am not sure whether they went to different towns. They met casually, fell in love, started a relationship and, as far as I remember, had children. They applied to get married.

Imprisonment for life is a harsh term. I am not in any sense encouraging incest but imprisonment for life is putting it on the same level as murder. I would be interested in the Minister of State's response.

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