Law to harmonise sentences for incest approved by Cabinet
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Charlie Flanagan
A difference in the law which means that women are more leniently sentenced than men for incest has been approved by the Cabinet.
Justice Minister Charlie Flanagan announced that the Government has approved publication of legislation which would bring in a presumptive minimum sentence for repeat sexual offenders, the Criminal Law (Sexual Offences) (Amendment) Bill 2018.
The bill also contains amendments to the Punishment of Incest Act 1908, equalising offences by both genders.
Under the current law, women are more leniently treated than men in cases of incest: a man convicted of incest faces life imprisonment while the sentence is three to seven years for women.
The changes would mean that both men and women would face a maximum sentence of 10 years.
The issue came to prominence in 2009 when a mother of six was convicted on 10 counts of incest. The judge at the time said there was only one penalty available to the court – a sentence of between three and seven years, prompting concern over the different sentences available for men and women.
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