Abuse of Minors

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.

Commission Report

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.

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.