Abuse of Minors (pre-2017)

Commission into Child Abuse

The sexual abuse of children has come into public focus over the last 30 years. A particular feature has been the abuse of children while in the care of state,  religious and other charitable bodies which were undertaking childcare on behalf of the state.

The Commission to Inquire into Child Abuse was established by legislation in 2000. The purpose was to allow victims to give an account of their experiences before a formal state-established body. It was intended to give an opportunity to bring the matter to the attention of society and play a therapeutic role for victims.

The Commission was chaired by a High Court judge and was designed to give a sympathetic hearing in a non-confrontational manner. The Commission was also charged with determining the extent to which the institution and authorities were responsible for the abuse and to publish a report on its findings.

The institutions covered included a range of industrial and reformatory schools, orphanages, children’s homes and other places in which the State entrusted the care of children on the previous Children’s legislation.

The report of the Commission was published in 2009. It was highly critical of the role of the state authorities and the institutions concerned. It highlighted an excessively deferential attitude on the part of State authorities to religious authorities. It highlighted failures to report complaints.

In particular, the Commission found that thousands of children suffered physical, emotional and sexual abuse over decades. It highlighted excessive use of corporal punishment, poor diet, inadequate heating and facilities and a high level of sexual abuse in the case of boys’ school.

The report made a series of recommendations to the State in relation to

• childcare policy and services.
• rules, regulations and their enforcement,
• supervision and inspection and
• complaint procedures.

Residential Institutions Redress Board

The Residential Institutions Redress Board was established under legislation in 2002. Its purpose was to award compensation funded by the State. The legislation covered a range of children’s institutions including industrial schools, reform schools, orphanages, psychiatric hospitals, residential schools for children with disabilities and children’s homes for which public authorities were responsible.

The Board acted on a no-fault basis. Persons accused of abuse were given the opportunity of responding to the claims of alleged victims.

Hearings before the Board were as informal as possible. The Board could require persons to give evidence on oath. A person could not receive an award under this legislation as well as an award at civil law.

An application has to be made within three years of the commencement date of the Act. This could be extended exceptionally.

The Statute of Limitation was amended to allow a person to bring a claim based on sexual abuse long after the normal period expired. If their will or ability to resort to legal action was impaired, the time limit was extended.

Sex Offenders Obligations

The Sex Offenders Act 2001 aims to prevent certain persons from having access to children. It creates a Sex Offender’s register. Civil court orders may also be made against offenders.

The notification obligations apply to the sexual offences committed against children. The duration of the notification obligation is linked to the length of sentence.

Offenders must notify the Gardaí of their names and addresses and of any changes. They must notify, visits abroad for more than 10 days. The notification obligations also apply to offenders entering the State from abroad.

Civil Sex Offender Order

A civil sex offender order may be applied for by the Gardaí to the court. Where an offender whose behaviour in the community gives reasonable cause for concern, the order may issue.  The order may prohibit the offender from living in certain places at specific times.

Breach of the terms of the order is subject to prosecution on indictment with a maximum five year term of imprisonment.

There is the provision for post-release supervision during the terms of the maximum imprisonment period. This is administered by the probation service. Requirements may be made in respect of counselling and treatment. A requirement may be made to check the offender from doing things that are deemed necessary to prevent the risk of harm to the public.

It is an offence for offenders to seek work that will involve contact with children without informing their employer of the conviction.

Sex Offenders Register

While the term Sex Offenders Register is commonly used in Ireland, there is in fact no such formal register. If a person is convicted of a sexual offence under the Act, a Certificate of Conviction is issued from the relevant court to the Sex Offender Management and Intelligence Unit (SOMIU) and the convicted sex offender is recorded on the Garda PULSE (Police Using Leading Systems Effectively) system.

The SOMIU maintains a record of everyone in the State who has been convicted of certain sexual offences and has obligations under the Sex Offenders Act 2001. A Garda Inspector in each division is nominated to manage the risk of sex offenders in their community, ensure sex offenders comply with the Act and report information to SOMIU.

A Certificate of Conviction states that the convicted person is subject to the requirements of the Sex Offenders Act, 2001. The Garda Sex Offender Management and Intelligence Unit (SOMIU) also receive a copy of the Sex Offenders Notification Form from the Garda station where the sex offender lives. This form has the sex offender’s address and other details that they are required to provide to the Gardaí under the Act.

The details of everyone subject to the requirements of the Sex Offenders Act 2001 are held centrally by the SOMIU and these documents are commonly known as the Sex Offenders Register. Information on post-release supervision is available in our document ‘Monitoring sex offenders in Ireland’

Statutory Rape

Statutory rape and sexual relations with a person under the age of consent. The age of consent for sexual intercourse is 17 years.

There are two related offences: one, of engaging in a sexual act or attempting to do so with a child under 15 years old and respectively a child under 17. In the case of children under 15 years, the maximum punishment is imprisonment for life. In the case of a child under 17 years, the maximum sentence is imprisonment for up to five years.

In the case of a person in authority,  imprisonment may be for up to 10 years. A person in authority is a parent, guardian, close relation or a person in loco partentis. Also included are persons involved in education, welfare and supervision.

It is a defence that the accused honestly believes that the other person was over 17 years. This is provided for, after a case in which the earlier legislation was found to be unconstitutional in this regard.

Reckless Endangerment

It is an offence to recklessly endanger children. If a person having authority or control over a child causes or permits a child to be left in a situation which creates a substantial risk of being a victim of harm or abuse or fails to take reasonable step to protect the child from such risk, knowing the child is in such a situation an offence is committed. On conviction on indictment, it is subject to imprisonment up to 10 years.

Incest

Incest is intercourse between persons in certain degrees of relationship. An offence is committed irrespective of consent or the parties’  ages.

A distinction is made between male and female offenders. Females under 17 may not be prosecuted.

The Criminal Law (Sexual Offences)( Amendment)  Act 2007 makes it an offence to travel to meet a child either inside or outside the State where the person has previously met or communicated with a child for the purpose of sexual exploitation. On conviction on indictment, the maximum sentence is 14 years imprisonment.

Sexual Exploitation

Sexual exploitation includes

• inviting, inducing or coercing the child to engage in prostitution or production of child pornography;
• inviting, inducing or coercing the child to participate in any sexual activity which is an offence;
• inviting, inducing or coercing the child to participate, observe any activity of a sexual or indecent nature.