Age of consent -Ireland and Canada

The 'age of consent' in Ireland was altered in May 2006 after the Irish Supreme Court struck down the current law as being unconstitutional.

Although the age of consent in the UK is 16, the age of consent in Ireland was 17 for girls and 15 for boys. Sex with a girl under age was defined as 'statutory rape' even if she 'consented' - if the girl was under 15 there was a maximum penalty of life imprisonment and if the girl was between 15 and 17 there were lesser penalties.

A case before the court involved a challenge from a young man who was 18 at the time and had consensual sex with a 14-year-old girl who told him she was 16. There was no defence for 'honest belief' in the law.

The Court decision meant that there was then no actual law prohibiting sex with a girl under 15, so urgent legal action was needed.

The Justice Minister drafted the new law, which sets an 'age of consent at 16. Under the proposals, teenagers aged 14 and 15 will be able to consent to sex with peers up to two years older without the more senior party being judged to have committed an offence. The minister for justice also proposed a defence of "honest belief", allowing people accused of statutory rape to argue that they understood the teenager was in fact older.
Articles:
Sexual consent law to be revisited after judgment
Irish Times, 24/5/2006

Canada
Meanwhile in Canada the conservative government has introduced a Bill into Parliament to RAISE the age of consent from 14 to 16. It has been 14 since 1890 when it was raised from 12.

There are "narrow exceptions for consensual activity between young persons less than two years apart in age". Consensual activity with those under 14 but over 12 may not be an offence if the accused is under 16 and less than two years older than the complainant. The exception is anal intercourse, to which unmarried persons under 18 cannot legally consent. ¹

Following the passing of a Bill in July 2005, the age of consent is 18 years where the "sexual activity involves exploitative activity, such as prostitution, pornography or where there is a relationship of trust, authority or dependency". ²

Conservative groups have supported the government's proposal - but homosexual lobby groups have been campaigning to leave the age of consent at 14. Equality for Gays and Lesbians Everywhere (EGALE) says that the government is discriminating against homosexual men by refusing to change the legal age for anal sex. ^{3, 4}

Planned Parenthood Ottawa and the Canadian AIDS Society also criticized the idea of raising the age, noting it would "interfere with efforts to educate youth about pregnancy, disease prevention and sexual rights and responsibilities"! ³

The government responded to criticisms by moving an amendment to their proposed bill stating that the age of consent would be 16 but a 5 year 'difference in age' clause would be included so that teens would not be prosecuted for sexual activity with their peers. ³

References:
1. CANADA'S LEGAL AGE OF CONSENT,
Canadian govt. paper - 2001

2. Canadian Department of Justice, FAQs

3. Keep consent age 14, says Egale
Capital Xtra, Thursday, May 18, 2006.

4 Sexual consent changes will exclude teen trysts
Can West News, 2/6/2006.