'Spent Convictions': A Law Reform Commission pdf

national | crime and justice | opinion/analysis

Tuesday July 31, 2007 19:47

by Time Elapsed...

Interesting Little Press Release (LRC)

The Law Reform Commission has today in the height of the balmy Irish Summer
released a PDF doc. on the removing of conviction from personal record -after time lapse-
The time mentioned in the report http://www.lawreform.ie is seven years. The time
lapse being pertinent , but no mention of the the crime. Being Pernickety here but surely
the type of crime removed from record is important too. Some sexual offences, for instance
carry only six month sentences, such as custodial time for down-loading internet child
porn. The issue of paedophilia and its sentences does not come into the report but
constraints will be placed on the people who have been imprisoned for crime in sensitive
areas such as in 'The Care of Children'

Minimalist Scales

It is commendable that the Law Reform Commission recognise that adults should not
carry the weight of a previous conviction into another part of their lives but some crimes
are repeaters- such as child sexual abuse and seven years not re-offending is no
guarantee of innocence for the previous and future victims of this crime.

The Commission indeed recognises that there is a vulnerability there:-

"The Commission's Report emphasises that even very old convictions should always remain
relevant- and therefore be disclosed for vetting purposes-when applying for certain sensitive
posts, including the care of and supervision of children, vulnerable adults or in the context of
sensitive public positions, such as those connected with State Security and the Legal
system".

Can we call a spade a spade here?- repeat sexual offending against a child is
something that does not go away and the Canonical RC church failed to
recognise it (calling it 'aberrant' rather than criminal).

The type of crime is as important as the time spent incarcerated, specifically
in the cases of violent and or sexual offences. indeed we have witnessed
over the years young women victims of familial rape waiving their right to
anonymity in order to ensure that the offence is not repeated or perpetrated against
others.

It would be nice if the legal and Governmental System started to use the correct names for
crimes against the person and fully recognised the impact such crimes have on victims.
I think that there is a guarded recognition by the LRC in the Body of both the press release
and the statement ;but a complete and inadequate repsonse to the severity of the impact
on the victim in this jurisdiction. Some rapists never get to jail either.

http://www.lawreform.ie

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Comments (1 of 1)

Child Abuse and Statutory Rape Laws

by Lapsed

Wed Aug 01, 2007 15:35

The Ryan Commission on Child Abuse called for a Referendum on protection by the Government
Yesterday in the wake of the 2006 Legislative and Constitutional Crisis. This Happened round
June 2nd 2006 when Minister Mc Dowell introduced the statutory rape laws into the legislature.
Section5 was found to be unconstitutional and the Law had to amended in 2007 for solicitation
offences. Ireland , it seems is a haven for people trafficking and indeed for a refusal to recognise
the Rights of the Child to: Safety.Education.Privacy and Bodily Integrity.

The legacy of child abuse is significant in this Country because we are afraid to look at it
and to address the rights of the child under international law. The Ryan Commission was set up
in the wake of the collapse of the laffoy Commission, Ms Justice Laffoy cited the Department
of Education's Obstruction of the work of the commission as her reason to resign.
We pretend that it does not happen which allows the abuse to continue. The LRC, mentioned
in the article above, does not recognise that sexual abuse is a repeat offence, no more than
the RC church has recognised it nor the Signatories of the Church State indemnity deal.
The failure to address the area in an intelligent manner by the then Minister For Justice
provoked crisis and signalled the end of the FF/PD working relationship. If the issue of protection
is not addressed MR Lenihan may again find himself carpetted in Geneva over the paucity of
response by the State to the duty of care of the individual.

Links:-

http://www.ireland.com/newspaper/breaking/2007/0731/bre...5.htm

Criminal Laws (Sexual Offences) Bill 2006-2007:- http://www.indymedia.ie/article/76923

Arnold:-http://www.independent.ie/opinion/analysis/question-is-...swers

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'Spent Convictions': A Law Reform Commission pdf

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