Children's commissioner must explain why he doesn't support access to criminal justice for girls raped by u16s - DUP MLA
The children’s commissioner’s support for no prosecutions of under 16s – even in cases of rape – raises “extremely troubling questions” about justice, equality, and the protection of young girls, a DUP MLA has said.
Peter Martin has written to Chris Quinn after the equality chief defended his position that no child under 16 should face criminal prosecution, even for serious offences like rape and murder.
The Northern Ireland Commissioner for Children and Young People (NICCY) chief also dodged a question from the News Letter about the rights of child victims of teenage rapists.
Mr Quinn said that when children “cause serious harm there must be a robust response” – with a focus on “early intervention, accountability and rehabilitation”.
It comes as Stormont considers proposals to raise the minimum age of criminal responsibility from 10 to 14, but with exemptions for serious crimes like rape and murder.
The Alliance proposals are broadly backed by Sinn Fein and the SDLP, with the unionist parties opposed.
However, NICCY – along with a number of other publicly funded rights organisations – want to go much further, raising the age to 16 with no exemptions for serious crimes.
Mr Martin has written to the NICCY boss following a statement he gave to the News Letter defending his position in light of a national outcry over teenage rapists spared jail after raping two teenage girls – all of whom were under 16. The North Down DUP MLA says he is “deeply concerned” at the commissioner’s stance.
In the letter, Peter Martin said: “For me this raises extremely troubling questions regarding justice, equality, safeguarding and the protection of young girls rights who find themselves as victims in the most heinous of circumstances. Surely your office must protect young girls as equitably as it does young boys and actually seek justice for them.
“You must also be aware of the recent case in Hampshire where two girls, aged just 15 and 14, were raped in separate incidents by two 14 year old boys; another boy 13, was also convicted for his involvement in the second attack. You may have noted in the media coverage that incredibly none of the boys, in the initial sentencing, were given custodial sentences.
“The family of one of the victims responded with the following, ‘Our hope is that the initial sentence will be overturned and the correct punitive sentence handed out. We also hope that moving forward it serves as a message to judges, be sure the sentence fits the crime…. no excuses’.
“Thankfully, in this case, the Attorney General has agreed to review the sentences. Your position, as I understand it, would have meant that none of the convicted rapists would even have been charged with an offence which, in my view, is simply appalling”.
He has set out a series of question for the commissioner, including asking how young female victims have any confidence in the justice system if the NI Commissioner will not support prosecution for rape in cases where the boy is under 16 years old.
Chris Quinn told the News Letter this week that NICCY exists “to safeguard and promote the rights and best interests of all children and young people”.
He said the policy “is based on evidence that responses focused on early intervention, accountability and rehabilitation are more effective at reducing reoffending and preventing future victims”.