November 2010

 

COURT CASE SHOWS LAW DOES NOT PROTECT PEOPLE WITH AN INTELLECTUAL DISABILITY AGAINST ALL SEXUAL OFFENCES

 

The law must be changed to make all sexual offences against people with an intellectual disability criminal, says Inclusion Ireland. Inclusion Ireland is making this call in light of yesterday’s (Monday 15th November) decision by a judge to direct a jury to return a not guilty verdict because the Criminal Law (Sexual Offences) Act 1993 does not provide for oral rape as an offence.

Inclusion Ireland has been calling for change to this law for many years. The 1993 Act makes it an offence to have sexual intercourse with a person deemed to be “mentally impaired” but does not protect against sexual offences that fall outside of sexual intercourse or buggery. However, the same law also risks criminalising consensual sex between two people with an intellectual disability, unless they are married.

Inclusion Ireland CEO Deirdre Carroll says:

“Both Inclusion Ireland and the Law Reform Commission have raised serious concerns with the 1993 Act. On the one hand, the 1993 Act does not go far enough to protect people from sexual exploitation, while on the other hand it risks criminalising people with an intellectual disability who are in consenting sexual relationships. The Law Reform Commission says criminalizing consenting relationships  could be a potential breach of Article 8 of the European Convention on Human Rights in relation to respect for private life.

“Law relating to decisions taken by people with an intellectual disability is antiquated and in urgent need of reform. A related issue is the need for modern capacity legislation, which concerns all decisions taken by people deemed to not have the ‘capacity’ to make a decision. Current law in this area dates back to the Lunacy Act of 1871. Government has promised new law in this area since 2008, but a Bill has yet to be brought before the Oireachtas. Without new law in this area Ireland cannot ratify the UN Convention on the Rights of People with Disabilities.”

3,000 people have signed a petition calling for modern capacity law and Inclusion Ireland has a campaign page on this issue at: www.inclusionireland.ie/campaign_capacity.htm.

ENDSFor further information contact:

Siobhán Kane, Communications and Information Manager, 01-8559891, siobhan@inclusionireland.ie

www.inclusionireland.ie

 

 

 

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