Reading an article recently whereby the judgesaid Irish law, in particular, Section 4 of the Criminal Law (Rape)(Ammendment) Act 1990 does not have any regard for any mental impairment a complainant may have. There is legislation that makes certain sexual activity with a mentally impaired person illegal but it doesn’t cover everything. He said there is a gap in Irish law that protects mentally impaired people. The judge had to return a not guilty verdict in a case based on keeping to the law as it stood. He said that in the UK The Sexual Offences Act 2003 provides for an offence in the exactly the alleged circumstances of the case he was presiding over.
I found it amazing in this day and age that people with intellectual disabilities are still not fully protected within Irish Law…..its awful.
Its also the same for victims of sexual abuse. If the ‘act’ happened prior 1990 then the Criminal Law (Rape) Act 1981 applies and after 1990 the Criminal Law (Rape) (Ammendment) Act 1990 applies. Basically, what is considered rape post 1990 is not considered rape prior 1990. This means lots of cases of childhood sexual abuse were termed ‘indecent assault’ not ‘sexual assault’ or ‘rape’ as they really were.
Just something that makes me mad, glad the law has changed in some instances but it needs to be better to protect everyone.
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