Convicted rapist's sex-offender law challenge reserved

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court has reserved its decision in a convicted rapist’s constitutional challenge to sex-offender address-notification laws. Mr Justice Donald Binchy reserved his decision after the parties completed submissions on the third day of the hearing. The proceedings were reported on 18 March 2015.

The man cannot be identified by court order. He had admitted raping his nephew and served a prison sentence more than a decade before the report. He was 13 when he committed the offence, but was charged and convicted after turning 18. He had failed to complete a course for young sex offenders because of his chaotic and troubled life. Upon conviction, he was classified as a sex offender.

The 2001 Sex Offenders Act requires him to notify the Garda Síochána of any address change within seven days. Failure without reasonable excuse is an offence. The notification requirement is indefinite but can be reviewed after 10 years.

In 2012, he was charged under Section 12 of the Act with allegedly failing to notify gardaí of an address change. He said he believed he had supplied the relevant information about his location.

In proceedings against Ireland and the Attorney General, his lawyers argued that Section 12 was vague and uncertain, leaving people unable to know what explanation would avoid prosecution. It was also argued that reasonable excuse was undefined. He challenged other provisions as disproportionate and sought declarations that the provisions breached the Constitution and an article of the European Convention.

The State parties opposed the application and rejected the constitutional claims. The DPP and the Irish Human Rights Commission were notice parties.