The Government is planning to address the fallout of the statutory rape crisis in a referendum next March which would propose removing the defence of "honest mistake" for an adult who has sex with a child.
The amendment would be put to the people in tandem with existing plans for a referendum on children's rights which were announced by the Taoiseach in November, according to senior Government sources.
As well as removing the defence of honest mistake, the amendment is likely to propose authorising the Oireachtas to draft legislation to provide for a "zone of absolute protection" below which it would be automatically criminal to have sex with a child.
The move would also prevent child victims from being cross-examined about their age or conduct in court during a rape case.
Government Ministers and officials had been wary of holding a referendum dealing with the statutory rape issue over fears it could re-ignite the debate over plans to lower the age of consent to 16, just months before the general election.
However, officials are now planning an amendment which would not make any reference to age and allow the Oireachtas to decide at what stage the zone of protection should be enforced.
The plan is likely to attract widespread political support.
In recent weeks Fine Gael leader Enda Kenny, who had voiced opposition to plans to lower the age of consent, signalled his support for a referendum which would introduce an absolute zone of protection.
However, it may attract opposition from civil liberty groups who could argue that the removal of the defence of honest mistake is an erosion of the right to a fair trial.
Government sources were yesterday keen to emphasise that the wording of the planned referendum has yet to be finalised.
In the meantime, Minister for Children Brian Lenihan is leading a consultation process involving Opposition parties, churches and non-governmental organisations.
There has been some concern in Government circles over whether the original plans for a referendum on children's rights would attract widespread public support. Some groups, such as those representing autistic children, have expressed concern that a children's rights referendum could undermine parents' rights.
In order to maximise support for the referendum, it is likely that the amendment addressing the rights of the child will be "bundled" with the referendum on the statutory rape issue, which is almost certain to attract greater levels of public support. As a result, while the referendum may involve changes to at least three separate articles of the Constitution, the public would be presented with just one question.
A wording for the planned referendum is due to be considered by the Cabinet in the coming weeks.
A successful referendum would allow the Government to draw a veil over one of the most serious political crises to hit the Coalition during its term of office.
In May last year the Supreme Court struck down the law on statutory rape, on the basis that it did not allow an individual accused to enter the defence of honest mistake over a victim's age.
The decision escalated into a crisis when it emerged that predatory adults convicted under the statutory rape laws were preparing to challenge their detention.
The Government was widely criticised for failing to anticipate the court's decision, before moving quickly to put in place new rape laws.
However, it has been unable to remove the defence of "honest mistake" without changing the Constitution. As a result, there is nothing at present to prevent child victims from being rigorously cross-examined in rape cases.
