D Thursday, December 17, 2009 METRO 13 Teen sex law unjustA BOY has gone to the High Court to stop his prosecu- tion for having consensual sex with a 14-year-old girl when he was 15, with his lawyer saying it is crude and old fashioned gender-based discrimination. The patronising view girls must be protected from boys who are the guilty parties, was the basis for a provi- sion in the 2006 law, they said. The applicant, now 18, claims his right to equal treat- ment under the Constitution and the European Conven- tion of Human Rights has been breached because he has been charged with unlawful carnal knowledge and bug- gery, while the girl cannot be charged at all. The Criminal Law (Sexual Offences) Act 2006 was in- troduced in response to a Supreme Court decision in the CC case which deemed as unconstitutional the 1935 law on unlawful carnal knowledge because it did not al- low for an honest mistake about the girls age. The 2006 law says a girl under 17 cannot be prosecut- ed, but a boy faces up to five years if convicted. The State took the view girls should not be charged because the penalty for them was the possibility of preg- nancy, but that deterrent could not be compared to the shame, ignominy and other savage consequences for a young man if convicted of a sex offence, it was argued. TCD psychologist Prof Sheila Green told the court studies have shown a large increase in consensual sex between under 17s and many are unaware boys can be prosecuted for having sex with girls of the same age. She said there was a need for a criminal sanction for adults having sex with underage children but she had a difficulty with it being made a crime for consensual sex between children. The hearing continues. by con doherty index.html2.html3.html4.html5.html6.html7.html8.html9.html10.html11.html12.html13.html14.html15.html16.html17.html18.html19.html20.html21.html22.html23.html24.html25.html26.html27.html