Bill corrects incest anomaly and equalises penalty
The Criminal Law (Sexual Offences) (Amendment) Bill 2018 has passed all stages in the Oireachtas.
The Bill introduces presumptive minimum sentences for repeat sex offenders. It also corrects an anomaly in the law of incest by equalising the penalty for incest where it is committed by a man or a woman.
Devastating impact
Justice minister Charlie Flanagan said the bill recognised the devastating impact of these crimes on victims and on society as a whole.
The new law introduces stricter penalties for repeat sexual offenders and equalises the maximum penalties for incest at 10 years for both male and female offenders.
The revised penalties for repeat sexual offenders are based on proposals brought forward by Minister of State Kevin ‘Boxer’ Moran (pictured above) last year which were contained in the Criminal Justice (Commission of Sexual Offences) (Amendment) Bill 2017.
A repeat sexual offence conviction within ten years of a first offence will now garner a minimum sentence of three quarters of the maximum term prescribed by law.
Term
Where the maximum term is life imprisonment, the minimum proposed is a term of not less than 10 years.
However, the court will have discretion not to apply the minimum sentence if it is satisfied that this would be disproportionate.
The Bill also amends the Punishment of Incest Act 1908 to equalise the penalty for incest at 10 years for offences by both males and females.