Juvenile caution for sexual assault
Deputy Martin Kenny raised a case where young men alleged to have sexually assaulted a young woman were to receive only cautions and sought a review of the juvenile diversion programme. The Tánaiste said the case should be fully investigated and noted that consent issues were already before the committee on sexual offences legislation.
The juvenile diversion programme was set up to deal with children under 18 years of age who commit particular crimes. I have recently been made aware of a case involving a young girl in her late teens who was seriously sexually assaulted by a number of young men in their late teens. This young girl's family are distraught that these young men are to be only cautioned in respect of that crime. This is totally inappropriate. I know that the juvenile diversion programme is-----
Comment on this
-----based on the New Zealand model. Serious crimes of the nature I have just described do not come within the remit of the New Zealand programme. Will the Tánaiste and the Government agree to a review of the Irish programme to ensure this does not happen again? The issue of consent is the current topic of discussion among young people and everybody else in Ireland. I can assure the Tánaiste that this family did not consent to the issuing of a caution being the only reaction to this crime as result of which this young girl's life was practically destroyed. I ask the Tánaiste to ensure that a system of appeal is made available to the families and victims of such crimes.
Comment on this
I would expect there to be a full criminal investigation into the case outlined by the Deputy. I hope that the young girl in question and her family are aware of all of the support services available in this country to help them. The sexual offences legislation is currently in committee. The definition of "consent" is an issue which I have no doubt the committee will examine during the course of its discussions on that important legislation, which I hope will progress quickly through the committee so that the legislation can become law.