A reasonable cause’
The age of consent and the debate on gender and justice in the Irish Free State, 1922–35
Bibliographic Data
| ID | 9980652 |
|---|---|
| Authors | Susannah Riordan (University College Dublin, corresponding author) |
| Year | 2011 |
| Volume | 37 |
| Issue | 147 |
| Pages | 427-446 |
| Publication date | 2011-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Irish Historical Studies (JOURNAL) |
| Journal identifiers | ISSN: 0021-1214 • E-ISSN: 2056-4139 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0021121400002741 |
| OpenAlex | W2586639628 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
On 23 May 2006 the Irish Supreme Court declared that the Criminal Law Amendment Act, 1935 was inconsistent with the 1937 Constitution. It found that section 1 (1) of the act deprived a man charged with unlawful carnal knowledge of the defence of having made a reasonable mistake as to the age of the girl in question, and therefore of his constitutional right to a trial in due course of law. In his judgment, Mr Justice Adrian Hardiman stated that ‘the Section contains no balance: it wholly removes the mental element and expressly criminalises the mentally innocent. It need not necessarily have done so.’
Constitution · Economic Justice · Element (criminal law · Girl · Irish · Mistake · Political science · Section (typography · State (computer science · Supreme court · Gender, Security, and Conflict · Irish and British Studies · Law · Philosophy · Psychology
| Citations per year | 0.5 |
|---|---|
| Citation span | 2024 - 2024 (1) |
| Highly cited | No |