Posted by gremlin under Ireland, Irish, Politics
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what a week or two it has been in Ireland. We have seen a government humbled, the Minister for Justice shown (if what the papers say is true) to be an incompetent arrogant fool; criminals who are a bit slow and the anguish and righteous anger of the Irish people in full flow.
What is this all about? Well let me tell you. There was a law until last week which stated that if any man slept with a girl under 17 they were automatically guilty of statutory rape. It did not matter if the act was consensual, or the girl concerned was 15 and dolled her self up to pass as 17+ (and there a lot of them around – teenage pregnancy and under-age drinking are rife and a recent survey said around 50% of girls lost their virginity before they were 17 – but I digress); if the act occurred then the man was guilty. There was NO DEFENSE. This law has existed since 1935 and has been used to put away the most vilest of paedophiles and perverts in our society. Well the long and short of it is that someone challenged this in our highest court and won. Essentially there should be no crime where the accused is automatically guilty of crime without the redress of saying (in this case) “Sorry, but I did not realize that she was under-age�. The result in our society has been an uproar.
What happened after the supreme court ruled the law as unconstitutional (we have a written constitution in Ireland) has been amazing, horrifying, and fun to watch as a bystander. When the court ruled, the minister for justice stated that “this was totally unexpected; no one told us that someone was challenging this and that the law was dodgyâ€? – which was funny since he is the Minister for justice and if someone is challenging a law on constitutional grounds he should be better damnedest be aware of it or else he should be hounded out of office as a buffoon and incompetent. This is doubly true if:
- The challenge had been proceeding through the courts for a year or more.
- The law society had written in the official law rag that the piece of law concerned was likely to be successfully challenged on constitutional grounds; – and this article appeared 17 years ago!!! and as legal beagle of many years standing the Minister for Justice should damned well be reading his own professional bodies articles.
- The minister for Justice himself (if the papers are to be believed) gave an interview on the dangers and problems with the “no defence available� law some 11 years ago.
Anyway there are loads of perverts lining up in the courts claiming that they can no longer be held in prison since the law under which they were convicted no longer exists. This opens the possibility that the genuine fiends and paedophiles could possibly sue the government for false and illegal imprisonment and get massive damages. A “Mr A� has already been released from prison based on the supreme courts ruling. Mr A being a 41 year old man who raped a few years ago a 12 year old girl. The Minister of Justice said last week that he would not be rushed into “fixing� the law and there was no crisis – how bloody wrong that idiot is.
Rape centres, youth groups and many victims are incandensent– and justly so; although some of them don’t seem to “get the pointâ€? that any law should permit some form of legal defence on valid grounds – especially if its age. If you don’t you get the worst kind of repression and excesses like you see/saw with Sadaam Hussiens regime, The American treatment of prisoners in Guantanamo Bay and any number of other dicatatorial regimes around the world.
The long and the short of it is that It seems that the law is going to be passed to allow the “honest mistakeâ€? defence; although that may mean that youngsters will probably have to submit to cross-examination in court which won’t please a lot of people. I just hope they get the law constitutionaly right, don’t make it retrospective, and get rid of the ass-hole who is the current justice minister since he has shown a distinct lack of ability, understanding, management and moral fibre in this and other matters of late. If the minister did not see this crisis coming then you should not be doing the important post of Justice Minister – arguably the most important post in the government since society works and moderates itself through the rule of law. Without rules then there can only be chaos and our society will fall.