Courts / Ireland / Report
Continuation of gross indecency offence could lead to prosecutions against gay men, lawyers claim
Summary
Lawyers for an unnamed man charged with seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 argue that prosecutions could be brought against homosexual men unless the courts grant reliefs, including a prohibition of his trial. The alleged offences were committed against a teenage boy between 1978 and 1980 while the defendant was in a position of authority. The lawyers claim the 1885 Act is incompatible with the Constitution, unknown to Irish law, and violates the European Convention on Human Rights. In a High Court judicial review last year, Mr Justice Michael Moriarty refused the reliefs. The case is now before the Court of Appeal, where judgment is reserved. Counsel Hugh Hartnett SC contends the offence is vague, discriminates on gender, and interferes with private life, arguing it is an outdated concept that could lead to prosecutions against homosexual people.
Who, what, where, when and why
What: Report matter: Continuation of gross indecency offence could lead to prosecutions against gay men, lawyers claim. Charges or matters: seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885, alleged to have been committed against a teenaged boy on dates between 1978 and 1980 while he was in a position of authority. Procedural stage: appeal
When:
- 1978 and 1980 Other
- 2016-12-07 Publication
Case subjects
Accused
Charges: seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885, alleged to have been committed against a teenaged boy on dates between 1978 and 1980 while he was in a position of authority (Alleged Or Contested)
Places mentioned
- High Court
- Court of Appeal
Topics
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