15-year-old Irish boy faces jail for sex with 14-year-old girl
Published Saturday, March 27, 2010, 7:26 AM
Updated Saturday, March 27, 2010, 12:18 PM
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A 15-year-old boy has lost his High Court action in Ireland that he should not be prosecuted for having sex with a 14-year-old girl. He now faces trial and could got to jail for up to five years if convicted.
The current law, which was upheld, allows boys to be prosecuted for having sex, but not girls.
"As the risk of pregnancy as a result of underage sex was borne by girls only, not boys, society was entitled to deter such activity and to place the burden of criminal sanction on those who bear the least adverse consequences” said Justice Elizabeth Dunne.
In his action, the boy stated his rights were excluded because he has been charged with unlawful carnal knowledge and with committing buggery while the girl faced no charge.
As the girl cannot be found guilty of underage sex, he argued that he was being discriminated against on grounds of gender.
The "adverse consequences that flow from under age sex fell to a greater extent on girls rather than on boys," she said, adding that the "law provides a limited immunity to girls in the one area of sexual activity that can result in pregnancy.
“Society is entitled to deter such activity and to place the burden of criminal sanction on those who bear the least adverse consequences of such activity,” she said.
The boy will now go to trial.
A stay on the boy’s trial pending the outcome of the High Court challenge will remain in place until next month to allow his lawyers consider the judgment.
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SingleDonald | Mar 30, 2010, 07:55 AM EDT
I think this is reprehensible!
In the Irish case, BOTH participants were under the age of consent! Maybe the girl should "clam up", and refuse to testify against her paramour!
In a 1981 case before the Supreme Court, Judge William Rehnquist used the same twisted logic as the Irish judge did, in upholding California's Statutory Rape Law. He said that boys don't face the consequence of getting pregnant. It's high time that courts worldwide stop criminalizing sex between consenting minors, or for those those just over & under the age of consent, when with a near age paramour! For example, here in New York, the older partner must be at least 5 years older than the minor, in order to be accused of statutory rape. Seventeen is the age of consent here.
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Pat Riley | Mar 29, 2010, 09:42 PM EDT
When the two participants are VOLUNTEERS, there is no crime. Crime enters the picture when one is FORCED to participate against his/her will. If the 15 year old is sent to the big house, whoever decided to send him there ought to be in the adjoining cell.
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alice6999 | Mar 29, 2010, 01:43 PM EDT
Yes I think they are both to young to be having sex but given the fact that it is going on how about making sure they both understand the possibility of pregnancy and STD's instead of punishing either one of them. Education - not punishment!
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IRISHKNIGHT110 | Mar 29, 2010, 01:27 PM EDT
I think it's very stupid. I do think that 15 year olds and 14 year olds are too young to have sex. but do you really that ever a law against it and the threat of jail will stop any of them if they want to have sex with each other. how old were you!
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JimmieM | Mar 29, 2010, 12:35 PM EDT
Well this is just the result of the lazy people in most "advanced" countries. While the people sleep the system of Justice we had, has been replaced by a system of legal authority. With a system of Justice it would be possible to look at this event alone and make a judgement of what would best in this event. A very good chance that the boy and girl could go on with their lives. With a legal authority you must put this 15 year old boy in with all the worst of violent sex offenders, in 5 years he will come out of prison and be an example of why you must have a legal authority....to protect you from these nasty boys
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JimThompson | Mar 29, 2010, 11:36 AM EDT
What is sauce for the gander is also sauce for the goose. Both should be punished if being underage doesn't count, not only one.
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mrkennedy | Mar 29, 2010, 10:02 AM EDT
Our Lord wrote in the sand "He who is without sin, let him cast the first stone!"
I wonder what he would write today?
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bronxjames | Mar 29, 2010, 09:58 AM EDT
Give them both a slap on the ass and send them home for parents to punish. Ireland bring your laws up to date.
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mclaughlin | Mar 29, 2010, 09:04 AM EDT
Meanwhile, the law seems to look the other way while the continuing sexual criminal activity and cover up of people in the Catholic Church continues unabated. It's easier to show disgust and prosecute wanton teenagers, I guess.
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Starlet | Mar 29, 2010, 02:03 AM EDT
Interesting to contrast Arizona, USA as yet another Apache Junction High School teacher, 47 was arrested for allegedly having sexual conduct with a 16-year-old student. This man was in a local band with several teenagers.
Contrast to this news article wherein a young boy and girl are just two kids being kids. In Arizona there seems to be a culture of turning a blind eye to Paedophilia. Three faculty members in three months have been caught with two so far charged. They got twenty years of - wait for it - Probation. What kind of a deterrent is that? Seemingly harsh to us here in The States, at least the Irish try to think ahead. Here in Arizona it's all apathy!
As to the sentencing, let's think like a fertility specialist with regards to pregnancy. As to buggery were it that, sperm can drip. They're both extremely fertile so no, I don't find this ludicrous. There's the issue of sperm motility, she's under the age of 25 and that's the best age group in which to get pregnant. In a culture that's blatantly anti-abortion I do appreciate that the female who'd be stuck with the "product" of their escapade is being taken care of. Her young life could be hurt more than the guy's.
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julygirl09 | Mar 28, 2010, 09:24 PM EDT
Aren't they both underage? This is as bad as the "old" ways when girls were left to take responsibility alone.
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jacersisityourself | Mar 28, 2010, 04:54 PM EDT
TV programmes like ‘Neighbours’ and ‘Home & Away’ from Australia that were beamed into Irish Homes over the past 20 years gave children watching these programs an image of what they thought life should be lived like by children of school-going age. While I can’t mention similar programmes in the USA, I’m sure they were transmitted into American homes too. It was wrong, of course. Now we have a 14-yr old girl’s decision to conjugate with a 15-yr old boy (I know they’re both older now) going un-punishable by law while the boy’s decision to conjugate with her is subject to a charge of law. Presumably he (and she) can now sue the Australian and Irish TV Networks for subjecting him and the girl to an impression of life that they were led to believe was ‘normal’ when it was not. Just in the same way that children abused by sexual perverts can sue their perpetrators. Try see how the TV networks cover that up.
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beachline | Mar 28, 2010, 12:10 PM EDT
It takes two to tango Justice Dunne!! These charges against the boy are certainly discriminatory. I hope the teenagers used condoms. The article does not state who brought the charges, was it the girls parents, or someone else????? Give the complete story , or, do you just want headlines???
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killowen | Mar 28, 2010, 11:41 AM EDT
Being under age, doesn't their parents have overall responsibilty for their children until age 18.
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