Courts / Ireland / Report
Law on 'honest belief' defence in child sex cases struck down as unconstitutional
Summary
The High Court declared a subsection of the 2006 Criminal Law (Sexual Offences) Act unconstitutional, ruling that the law's 'honest belief' defence, which required a civil‑standard proof of reasonable mistake about a child's age, violated Article 38.1 of the Constitution. The judge held that imposing a balance‑of‑probabilities burden on an accused in a criminal trial contravenes fundamental fairness and the presumption of innocence. The decision arose from a challenge by a 23‑year‑old prisoner, convicted of an offence involving a child under 16, who had been jailed for one year and ten months. The court noted that, under the invalid subsection, a jury could convict even with reasonable doubt. The ruling will be formalised in a later order. The prisoner remains in custody until 2025.
Who, what, where, when and why
What: Report matter: Law on 'honest belief' defence in child sex cases struck down as unconstitutional. Procedural stage: sentence
When:
- 2022-06-01 Publication
Why: The judge said that because the subsection provides that the accused must establish to the civil standard that he or she was mistaken, the jury may convict even if they entertain a reasonable doubt, or even if they think it is as likely as not that the accused was reasonably mistaken as to the child complainant's age. CNI source report
Case subjects
Applicant
Outcome: The plaintiff, who cannot be identified for legal reasons, is serving that sentence concurrently with another sentence and is not due to be released until 2025.
Places mentioned
- The High Court
- High Court
- Circuit Criminal Court
- Supreme Court
Topics
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