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No referendum on 'honest mistake' defence in sex trials
Kevin Rafter Political Editor



THE Oireachtas committee on child protection is expected to reject the idea of a constitutional referendum to prevent adults using an 'honest mistake' defence in cases involving sexual intercourse with minors.

The committee, established after last summer's statutory rape crisis, is charged with reviewing criminal law relating to sexual offences against children.

At a recent private meeting, the committee discussed the possibility of amending the constitution to reverse the outcome of the recent Supreme Court judgement which allows the defence of reasonable doubt over the age of a minor.

However, sources said they did not expect the committee to recommend any constitutional change.

Several members argued that greater protection for children would best be incorporated in new legislation with strict guidelines for when the 'honest mistake' defence could be accepted.

Legal advisers to the committee are drafting a report based on recent hearings which will be presented to members in the next two weeks. The committee has held public and private meetings with individuals, including the Director of Public Prosecutions and the Children's Ombudsman. A final report will be published by the end of November.

The committee is expected to make recommendations to reduce the potential upset caused to children during cross-examination, including increased use of evidence by video. Several committee members were taken by the idea of using an 'intermediary' in sexual abuse cases involving children. This system, which is used in South Africa, allows an 'intermediary' to put the questions of a cross-examining barrister to the child in language they understand.

Minister for children Brian Lenihan has argued for the introduction of what he called age-related 'zones of protection' to guard children from being cross-examined about certain matters. These protection zones could include the defence questioning children when making an argument of an honest mistake in relation to the child's age.

Membership of the committee, chaired by Peter Power of Fianna Fail, is drawn from all the main parties in Leinster House. In a departure from normal practice, two ministers including justice minister Michael McDowell, are members. The committee is not expected to reach agreement on the age of consent, which is currently 17 years.




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