TheJournal.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more »
Dublin: 7 °C Thursday 23 May, 2013

Bill will propose potential life sentences for women guilty of incest

Legislation being brought forward by Denis Naughten will end a 17-year legal loophole where men are given longer sentences than women.

Denis Naughten's legislation would mean both men and women could case life sentences if convicted of incest.
Denis Naughten's legislation would mean both men and women could case life sentences if convicted of incest.
Image: Photocall Ireland

A NEW BILL introduced to the Dáil proposed to end a 17-year legal loophole which sees men liable for life imprisonment if convicted of incest, while women may face only shorter sentences.

Legislation proposed by former Fine Gael TD Denis Naughten seeks to amend the Punishment of Incest Act 1908, a law inherited by the Irish state after independence, so that both men and women can be imprisoned for life.

The original legislation carried a maximum prison term of seven years, which was extended in 1993 and 1995 after public outcry when a Kilkenny father was jailed for abusing his daughter.

While the legislation now means that men can face life imprisonment for such crimes, the amendments did not cover women, which are still subject only to the seven-year maximal case.

Naughten, a TD for Roscommon-South Leitrim, said the need to address this discrepancy had been highlighted by an abuse case in his own constituency where a mother was given the maximum seven-year term after conviction on ten counts of incest.

“I know that it’s the intention of the government to close off this loophole at some stage,” Naughten said yesterday, “though they may argue that they’re going to put it in some other piece of amending legislation.

“It’s over three years now since that case went through the courts, and it hasn’t been closed off. I want to make sure that it’s closed off, either in this Bill or through another coming through in the coming months.”

Naughten said the Bill also highlighted the State’s “failure to actively review and modernise legislation” in the area of sexual crimes.

“Under the current law there is a gulf between the sentencing of a man and the sentencing of a women in the case of incest,” he said.

Because Dáil rules dictate that it be treated as opposition business, Naughten’s legislation can only be dealt with during the Dáil’s monthly Friday sittings, where the order of business is determined by lottery.

Read next:

Comments (35 Comments)

  • Now thats equal rights…

    Reply
  • glad.to see this bill go forward hopefully we will see more legislation soon to change the law so women can be charged with rape.

    Reply
  • Why arent these women being charged with rape?

    Reply
    • You would need to go to the history books for that one Ciara. This law was created in ye Olde Englande in the early to middle ages when women were viewed as incapable of any immoral or disgusting act as they were perceived as the carers and minders of society, As a result women often got the lesser sentence and the easier time of it in prison. Throughout history this is the general theme about women that has prevailed and it is only in the latter half of the 20th century that there has been inroads into the equalising of the sexes when it comes to crimes committed. Put women and crime in Ireland and England into your searchbar for more infomation.

      Reply
    • Interesting aside: back in the 17th and 18th century, women were generally considered mentally incapable of committing most crimes, except for one bizarre case: Witchcraft. Unfortunately that appears to have been an extremely common occurrence.

      Reply
    • I personally feel that anyone who abuses a child just be burned at the stake but for a woman, to go through pregnancy, bond with the foetus, shes obviously made the decision that she wants it as shes going to term, to go through labour and all the hormones that go with that, oxytocin for bonding etc and then she abuses the child, it is the most depraved form of abuse. It just goes against nature.

      Reply
    • They are treated differently because they are women Ciara.

      With all your talk last night about ‘equality’ you have just outlined one key difference (of many) between men and women. Women bear children and therefore have a different type of relationship with children.
      Thats nature, thats life.

      So when you stand up at the ‘feminist’ conference this weekend try bearing that in mind.

      Men and women can *never* be equal because we simply are not the same.

      Reply
    • DubIn, feminism is about men and women having equal opportunities, equal pay for the same job, equal entitlement to parental leave, equal access to their children, equal access to jobs in caring and education etc but unfortunately men dont have the equal opportunity to give birth. Thats a biological difference NOT a social one.

      Women should serve time for child abuse just as men do, thats equality right there.
      Physically we are not the same but thats no reason to not allow us all to have the same opportunities.

      Would you tell your daughter that she cant do something because shes a girl or would you support and encourage her? If you believe she can achieve whatever she wants to achieve regardless of her gender then thats progress.

      Reply
    • And DubIn, I wont be at any conference because Im minding a friends kids so HE can go watch the match while Mammy is working.

      Reply
    • Well, DublinNaas, this argues pretty effectively against any of the sexual dribble that all women just have keen maternal instinct. For physical abuse, women abuse their children more than men.

      Reply
    • Ciara,
      Are you suggesting our only differences are physical ??

      Nick,
      Apols I’m not understanding you point

      Reply
    • DubIn, yes, physical & biological.

      Reply
    • Ahh interesting, because thats where the first difference appears

      It seems to me that it is a mere fluke that we share (roughly speaking) the same body shape.

      Men and women are entirely different in many ways beyond physical

      Reply
    • The male and the female of all mammalian species have the same body shape . Thats evolution not fluke. So name all these differences and tell us why they merit inequality in pay, the ability to mind children, the ability to work in a caring profession etc.

      Reply
  • Typically brainless Neanderthal journal.ie comment there from Kieran. This TD is trying to close a loop hole in a very sensitive area of the Criminal law, and deserves a bit more credit then a smart alec comment. well done to him for his initiative.

    Reply
  • The lannisters are opposed to this I guess #nerdlife

    Reply
  • “Incest” seems to me to be a very different concept to “child abuse”. Is abusing your own child more reprehensible than abusing someone else’s? Perhaps…
    There is no clarification in this article how the law defines incest or how it treats consenting adults who engage in this behaviour

    Reply
    • random 19/05/12 #

      I was just about to comment along similar lines. Surely the more serious aspect of a father sexually abusing his daughter (or mother and son) is the abuse, the inability to consent, not the fact that they are too closely related. A life sentence for two consenting adults having sex seems a bit severe, no matter how weird the familial ties they have may make it appear to other people.

      Reply
    • Agree with you 100% Jim, throw the book at them if they are forcing a child – or adult – to do something against their will but in the case of consentual sex between two adults its not a crime and shouldn’t be treated as such.

      Reply
  • bejebus 19/05/12 #

    Apparently it’s legal in Cavan……

    Reply
  • Jacob 19/05/12 #

    I have to agree with “Jim Brady” and “Random”, incest is not necessarily child abuse or rape.

    Reply
  • Jacob 19/05/12 #

    It’s called “none of your business” Bernadette!

    Reply
  • pacahill 20/05/12 #

    People that move around

    Reply
  • Denis, I wish you well. You are a true representative of the people.

    Reply
  • Like some previous commenters I have a problem with the muddled-headedness of both this article and the TD in the way they are equating child sex-abuse and rape with the very broad term “incest”. These are not the same things and legally need to be dealt with separately. Let’s clarify what we are really discussing here and what laws need reforming in order to deal with abusive parents like the one in Roscommon.

    Couldn’t The Journal acknowledge and try to clear up these issues rather than just passing the confusion on to their readers?

    Reply
  • Why do we have laws that were not passed by Dail Eireann . Is Ireland not an independent democracy.
    Politicians should leave sentencing to the judiciary and stop trying to score cheap political points by interfering in areas they ere not elected to.
    Most abusers are themselves victims of Sexual abuse and should be offered treatment as part of their sentencing.
    Long prison sentences will do nothing to solve the problem of incest/child abuse, just bury it deeper under the surface.

    Reply
  • mrnobody 19/05/12 #

    @Ciara ni mhurca, yes yes feminism want equal pay, equal oppurtunity equal rights, equal status but fails when it comes to accepting equal responsibility SUM things just dont ADD up.

    Reply
  • Good god!! Who’s trying to make a name for himself!
    Not a lot going on in his life I suggest.

    Reply

Add New Comment