Courts / Dublin / Report
Convicted rapist challenges constitutionality of laws making it an offence for sex offenders not to notify the Gardai of any change of address
Summary
A man, whose identity is protected by court order, has brought a High Court action challenging the constitutionality of the 2001 Sex Offenders Act provisions that require sex offenders to notify the Gardaí of any change of address. The defendant, who was 13 when he raped his nephew and later served a 30‑month prison term, was classified as a sex offender and placed on a special course for young offenders. He failed to complete the course and was later convicted of rape after turning 18. In 2012 he was charged under Section 12 of the Act for allegedly failing to report a change of address. He argues that the offence is a strict liability, that "reasonable excuse" is undefined, and that the notification period is unfairly applied to those who were under 18 at the time of the offence but over 18 at sentencing.
Who, what, where, when and why
What: Report matter: Convicted rapist challenges constitutionality of laws making it an offence for sex offenders not to notify the Gardai of any change of address. Charges or matters: rape; an offence under Section 12 of the 2001 Act for allegedly failing to notify the Gardai of a change of his address. Procedural stage: sentence. Findings: Convicted
When:
- 2015-03-12 Publication
Why: He failed to complete the course because of the chaotic and troubled life he led. CNI source report
Case subjects
Convicted Person
Charges: rape; an offence under Section 12 of the 2001 Act for allegedly failing to notify the Gardai of a change of his address (Proven)
Finding: Convicted
Outcome: Convicted; This reduction does not apply to persons, like the man at the centre of this case, who were convicted and sentenced when he was over 18 years of age, but was under 18 at the time of the offence.
Places mentioned
- The High Court
- Dublin
- Dublin Hospital
Topics
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