Seanad debates

Tuesday, 14 February 2017

Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Regardless of where the section came from, it has been recommitted and we are discussing it now, despite the efforts to stop me recommitting it. I am just making the point that it is strange that the standard of proof and the defence in the case of a person in authority sexually exploiting a person with a mental disability or illness seem to be lower, and there seems to be a lower procedural requirement, than for the generality of people in the case of a section 21 offence. This is the point the Minister of State himself made. One would expect that people in authority would be under a higher standard of proof in this matter.

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