We have previously discussed the troubling use of statutory rape charges in cases where two teenagers have consensual sex. It is even more problematic when only the boy is charged. Yet, that appears to be the case in Kildare, Ireland where two sixteen year olds had consensual sex but the boy was then charged with rape. Judge Desmond Zaidan expressed “serious concerns” over the charges but the prosecutor has persisted in the case.
The case arose after the girl told her parents that she had had consensual sexual relations with the boy after a social event. The boy, who appears to have borderline personality disorder, has been in trouble previously. However, there is no allegation of forced sexual contact in this case and the boy does not appear to have such serious crimes on his record.
Judge Zaidan noted that the boy has diminished intellectual capacity and is having a “profound effect on his vulnerability to a negative peer group.” He added that the boy “is easily taken advantage of and needs the protection of the state.”
Putting the troubled mental state of the boy to the side, there remains the notion of charging either teen with rape for consensual sex and the even greater concern is just charging the boy. Teenagers often become sexually active around age 16. Two teenagers engaging in consensual sex in a case like this seems far afield from the original purpose of the law — to prevent adults from have consensual relations with underaged partners. The sexual relationship is certainly fair game for parental discipline but the decision of these parents to call the police seems over-the-top in the absence of evidence of forced sexual conduct.
What do you think?
Source: The Journal
Darren:
“A female under seventeen is not guilty of an offense for the sexual intercourse alone.” Then clearly the law uses gender discrimination. It appears to assume that girls under 17 cannot be held responsible for their actions, while boys of exactly the same age can.
I hate to break it to the girl’s parents (or whomever pressed charges), but if the boy has diminished mental capacity, then he is incapable of giving his consent, and the girl raped him.
And, in other news, 95% of students in high schools across Ireland are now in jail.
Oh Boy! An actual Irish story to do an Irish Poem for!!!
E’er Go Braless???”
An Irish Poem by Squeeky Fromm
There once was two teenies from Erin,
Who took off the clothes they was wearin’!
They romped in the hay,
All night and all day.
‘Til they heard the cop’s siren a blarin’!
Squeeky Fromm
Girl Reporter
Humanity is getting so pathetic, anything that will finance corruption & greed. What this really is: is poor information and handling of natural instincts (God given). Our judicial system with its rules, codes and regulations have gone beyond with overreach in “protecting the people” in this manner. The people must start speaking up and holding our public employees to their Oath of Office.
Women are being mislead to the point of dishonor by prosecutors that are climbing the ladder of greed. Many women are using the courts for their livelihood, who do not want to work for a living. Many women use the courts for payback from a rejected suitor. Many women are guiltier then the person of whom they accused. The children are suffering because of selfish women that made poor choices in their mates and children need to know both parents. Accountability must be enforced for humanity. Punishment is not always the answer.
Everything equal, yet the boy charged with rape, and not the girl.
Apparently the sexist discrimination is embedded into the rape statute:
The pertinent points with regard to this article are as follows:
1. There is no allowance for consent for the statute
2.The Director of Public Prosecutions must approve the charge.
3. A female under seventeen is not guilty of an offense for the sexual intercourse alone.
4. There is no sex offender registration mandated for convictions of this statute for those that are twenty-four years older than the victim.
#3 is what allows the boy to be charged, but not the girl.
I don’t know what Irish human rights are, but that clause right there would be unConstitutional in America; I suspect it would be also in Irish law.
I’m currently reading Angela’s Ashes, a book I have intended on reading for a long time. How the hell do the Irish even exist?
Nick – the Irish exist because we learned to be passive-aggressive before it became fashionable.
Chastity belts for all 16 year olds in Kildare until their 18, keys will be held by Judge Zaidan.
If it is rape for him, it is rape for her. Charge her a** as well!!!!
Parents who are so estranged from their kids they cannot prep them for the inevitable urges, starting in the early teens; remarkable they waited so long. But, you can’t have government invading the void of privacy of the family so no sex education at school and certainly not on TV and the movies unless it contains violence and lots of other neat stuff.
Sex is a wonderful thing but most societies, including the American one, are so retarded that they leave it up to chance. Ah for the good old days of the structure of the church where, when a youth in his or her early teens who go those evil urges could consult a priest who would set them straight, straight to their knees.
If they charge on then they should charge both but this is Ireland for Christ sake and anything goes. We can call the Judge a Wandering Mick.
Somethings missing from this story. It’s obvious to charge both or neither; unless the girl’s family has some influence with the prosecutor, I cannot see the justification to charge either.
Europe is run by idiots. Look at this one on the same subject.
http://www.independent.ie/irish-news/courts/boy-facing-sex-trial-as-court-upholds-romeo-and-juliet-law-26824861.html
ZAIDAN………is not a name one would hear a lot in Ireland.
Wonder, where he’s from.??? And what his background is….!!!
Statutory for both or none. Either way, it really doesn’t make sense to charge a male with rape and keep females away from being charged.
This is 2016, not the 1950s. By the way, sex should be banned until they reach the appropriate ages, even worldwide depending on how each country views sexual consent. Unfortunately, that won’t happen.
Most teenagers are having sex without their parents’ knowledge. Even if they did know, the parents aren’t going to discipline them that much. Once a male, over 18, has been having sex with someone who’s 16, everyone goes mad. But when a 16 year old male has been having sex with a 16-year-old girl, no one seriously bats their eyelids with fury. They sigh, say, “It’s love…”
Gimme a break. The prosecutor is dumb. All he wants is a career full of wins, that’s it.
Hmmm. I guess the boy wanted a Gael, just like the Gael, that married dear old dad. . .
Statutory for both or neither. I’m assuming that nobody was taken advantage of.
Here is a link to the statute referenced by the prosecution.
http://www.oireachtas.ie/documents/bills28/acts/2006/a1506.pdf
The pertinent points with regard to this article are as follows:
How is the crime of statutory rape actually defined in Kildare, Ireland? I assume that the crime is defined broadly enough to allow for an adult female, who takes advantage of an underage boy, to be charged for the crime, as well. Unfair to only charge the young man, who was the same age as the other participant, simply because of the fact that he is male.
Much is being made of the young man’s mental status, but no mention of the young girl’s emotional state. Perhaps she was the one who took advantage of his vulnerabilities and diminished capacity?
They should charge them both. That would send the message that teen sex is not OK. Put them to work wearing orange vests cleaning up garbage for weekends for a year or two.
The teen sex stuff is way out of hand, and nobody much cares.
Squeeky Fromm
Girl Reporter