There was "a compelling case" for the Director of Public Prosecutions to use his powers under the 1993 Criminal Justice Act to appeal the three-year suspended sentence imposed on a man in a Co Clare rape case, Labour Party justice spokesman Brendan Howlin said yesterday.
Describing the sentence as "unduly lenient", Mr Howlin said this case was "crying out" for the use of the DPP's power to appeal.
"Judges are human beings who occasionally can get things wrong and this would appear to be such a case."
He added: "This case also focuses attention on the need for more consistency in sentencing by the courts in such cases.
"If the judiciary cannot ensure consistency then the Oireachtas will have to look at the ways in which this can be done through, for instance, the introduction of statutory guidelines."
Adam Keane (20), a bricklayer from Barnageeha, Daragh, Co Clare, was convicted of raping Mary Shannon (33) on May 30th, 2005. He received a three-year suspended sentence from Mr Justice Paul Carney last Monday.
Mr Justice Carney said he took the decision having regard to the approach taken by the Court of Criminal Appeal "to this type of offence in this type of case". He noted that Keane had said the rape was out of character for him and that he came from a respectable home.
Ms Shannon from Daragh waived her right to anonymity, and said the suspended sentence left her "absolutely devastated".
When asked yesterday if there was any intention to appeal the sentence, a spokeswoman for the DPP said, "the office is precluded from commenting on an individual case".
Meanwhile, PD TD for Longford-Westmeath, Mae Sexton, reiterated her view that, "there should be mandatory minimum custodial sentences for rape because I don't believe there are any mitigating circumstances. Rape is rape is rape".
Asked if Ms Sexton's views reflected party policy, a PD spokeswoman said: "Mae is expressing her own strongly-held view rather than articulating specific PD policy." She added: "There is no question of Mae talking out of turn or of disciplinary action. The party prides itself on allowing members to articulate their views freely."
Fine Gael TD Olwyn Enright also called on the DPP to appeal the court ruling because the case showed that "the legal system is currently loaded against the victim. Fine Gael's proposals for minimum and maximum sentences set out last year by party leader Enda Kenny must now be implemented as a priority. Judges need a strong sentencing framework to ensure that criminals get the sentence they deserve," Ms Enright said.
Sinn Féin TD Aengus Ó Snodaigh backed calls for the DPP to appeal this "overly lenient" sentence. "Sentencing for convicted rapists should reflect the acute and long-term impact of the crime on the perpetrator's victim and on their loved ones," he added.
