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Defilement is a charge many people have not heard of until it is put to them or somebody close to them.
Sexual activity with a person under the age of seventeen. It does not require force or the absence of agreement. Age is the issue as a child under the age of 17 is unable to give legal consent to any sexual act.
Statutory rape is a serious offence in Ireland, defined as unlawful sexual conduct with a person under the age of 17. The term also applies to sexual activity with someone under the age of 18 where the alleged offender is or was in a position of authority over the child. This, for example, might arise where a teacher has sex with a student who is 17 years old. While the term “statutory rape” is not used in the legislation, it is commonly used to describe this offence. This offence arises under the Criminal Law (Sexual Offences) Act 2006.
Statutory rape, put simply, is where someone engages in what might be termed “consensual” sexual activity with someone who is not legally able to consent. It is important to note that statutory rape is a strict liability offence in Ireland. This means that a person can be found guilty of the offence regardless of whether they knew that the victim was under the age of 17, or not, however, it can be an offence to show that you had an honest belief that the child was over the age of 17.
Penalties for statutory rape can be severe, including imprisonment for up to life in some cases.
Defilement of a child under the age of 15 is a serious criminal offence under Irish law. This offence is defined in the Criminal Law (Sexual Offences) Act 2006, which makes it illegal to engage or attempt to engage in a sexual act with a child under the age of 15 years. The term ‘defilement’ is used to describe this offence, and it carries a maximum sentence of life imprisonment.
A sexual act under the law includes sex, or sexual touching between two people. Under the legislation, any kind of sexual contact with a child under the age of 15 years is considered illegal and can result in a charge of defilement of a child.
It is important to note that consent is not a defence in cases of defilement of a child under the age of 15. Even if the child appears to consent to the sexual act, it is still considered illegal as children under the age of 15 cannot legally consent to sexual activity under any circumstances.
Defilement of a child aged under 17, but over 15, is also a serious offence in Ireland, which is punishable by a term of imprisonment. According to Section 3 of the Criminal Law (Sex Offences) Act 2006, as amended by Section 5 of the Criminal Law (Sexual Offences) (Amendment) Act 2007, engaging or attempting to engage in a sexual act with a child under the age of 17 is a criminal offence. The maximum sentence for this offence is five years imprisonment, and if the accused is a person in authority, (such as a parent, step-parent, teacher, sports coach, etc) the maximum sentence is ten years imprisonment.
Because the law fixes an age below which agreement does not make the act lawful. That is the whole point of the offence. This is the single most common misunderstanding we deal with on these cases, and it is usually held sincerely.
There are limited circumstances where the closeness in age of the two people is relevant if a male is either younger than or within 2 years age difference of a girl aged between 15 and 17 they can rely on the proximity of age defence, commonly referred to as “Romeo and Juliet” defence. To rely upon this defence, the sexual activity must have occurred without any coercion and with full understanding of the act.
Allegations are frequently made years afterwards. That does not prevent a prosecution, and the passage of time cuts both ways: memories fade on both sides and records may no longer exist.
A conviction carries register obligations and affects employment vetting. For a young person this shapes decades. It is why these cases are worth defending properly from the first interview rather than the first court date.
086 076 2191.
