Case No. 3422Defilement (sexual acts with a child under 17)

Teen's constitutional challenge over 'Romeo and Juliet' consent defence in defilement case rejected

A teenager, now 18, who was charged with engaging in sexual acts with a 14-year-old girl when he was 15, lost his High Court challenge to the constitutionality of the law preventing him from advancing a 'Romeo and Juliet' peer consent defence. Judge Garrett Simons held that the age-15 threshold as a proxy for capacity to consent is rationally connected to the legitimate purpose of the 2006 Act, and the criminal trial will proceed at a later date.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court31 Mar
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
10 statements extracted from the articles
  • whatThe accused was 15 when he allegedly engaged in sexual acts with a 14-year-old girl on two dates in 2023. (irishtimes.com)
  • whatThe girl was three months short of her 15th birthday at the time of the alleged acts. (irishtimes.com)
  • whatThe accused was seven months older than the complainant. (irishtimes.com)
  • whatThe accused is now aged 18. (irishtimes.com)
  • whenThe alleged sexual acts occurred on two dates in 2023. (irishtimes.com)
  • chargeThe offence is known as defilement. (irishtimes.com)
  • courtThe criminal trial will proceed at a later date. (irishtimes.com)
  • courtThe judge's decision only concerns the constitutional issue and does not deal with the merits of the underlying criminal prosecution. (irishtimes.com)
  • courtThe judge noted another argument on behalf of the accused was rejected last year by the Court of Appeal in a separate case. (irishtimes.com)
  • otherThe accused claimed he made a reasonable mistake that the girl was aged 15. (irishtimes.com)

The reporting

newest first
  1. 31 Mar2026
    Teen accused of sexual acts with girl (14) cannot advance ‘Romeo and Juliet’ consent defence

    Reports the High Court's published judgment rejecting the accused's constitutional challenge to section 3.8 of the Criminal Law (Sexual Offences) Act 2006, confirming the criminal trial will proceed.

    accused, 18, malevictim, 14, female