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Tag Archives: rape

Most of the debate on repealing the eighth amendment accepts the pro-life position. The difference between the two sides is this:

Pro-life – There is a person present from conception with a person’s right to life for however long that might be and regardless of the circumstances of conception, i.e. there are no exceptions.

Repeal – The circumstances of rape and fatal foetal abnormality are exceptional.

The two positions are engaged in debate over exceptions and are not essentially different. This is because the repeal side refuses to engage with the core pro-life argument, that a person is present from conception, and the media on whom public discourse depends are content to let this happen.

The pro-life argument is meta-physical but shouldn’t be dismissed for that. It is easily dealt with because it is a poor argument. Now, at least some of those who make the argument are used to being treated with an inordinate amount of respect because it is assumed that arguing metaphysics requires great expertise and is hard work. This is a carefully cultivated impression. It is also uniquely accepted, while every other branch of philosophy is expected when necessary to engage with citizens who have no particular expertise.

Once we address and consider the argument that a person is present from conception, and assuming we find it implausible (There won’t be universal agreement that it is.) we can begin to examine abortion from a moral perspective.

Here are two facts:

i) No one wants to permit abortion right up to birth.

ii) No one strives officiously to find and protect the lives of all fertilised human eggs (zygots).

The moral decision lies between i and ii. It involves both banning and allowing abortion in the public interest. It is a hard decision because it necessarily means a time limit. It is a debate that can and should go on and on as we struggle to do right, to fix a time limit that, all things considered, is moral.

There is no escaping this awful decision; it is part of the human condition. Well, there is one way of escaping: accept the pro-life argument. This is not to say that those who accept the argument are evading responsibility but it is to say that acceptance rules out having to consider what should be done about unwanted pregnancies.

Addressing the pro-life (ensoulment) argument moves pregnancy by rape and viability down the public agenda. It removes much of the heat from public discourse, and there are many – not all of them working in the media – who thrive on heat.

If activists and media are unwilling or if they feel themselves incompetent to debate metaphysics, let us hope that those who will make up the forthcoming citizen assembly are treated as thinking adults capable of going to the core of the issue.

Very many criminals and other wrongdoers are victims. Many have had a dreadful childhood or have committed crimes while in fear of someone. It is right to be sympathetic but it is wrong to excuse them completely. We have developed ways of dealing with different levels of responsibility; lesser charges can be laid or lenient – perhaps suspended – sentences can be applied. It is, however, wrong to ignore completely crimes committed under duress or being an accessory to crime while under duress. This is because duress is variable and requires judgement. It is expected that a person with integrity will stand up to duress and do the right thing but it is also accepted that duress may be so extreme that no one could be expected to resist. Each case calls for judgement.

The case of a mother who was silent or who facilitated the rape of her child must be examined and judged.

The following appeared in the Irish Times in relation to the conviction of Fiona Doyle’s father for rape. “The problem most people have when stories like Fiona’s come out is that everyone wants to know about the mother – why she didn’t intervene – and it takes the focus off the father and the abuser,” says Paula. “But, in most cases, the mothers are as much the victims.” (i)

Certainly nothing should happen to divert attention from or dilute the guilt of the rapist but to say that “in most cases” the mothers of child victims of rape are “as much the victims” diverts attention from the seriousness of rape and undermines the child’s particular and terrible grievance.

Another Irish Times piece on the same page argues that it would be very wrong to blame the mothers in such situations. (ii) That might appear progressive and decent at first sight but it suggests that all are blameless.

It is worthwhile to consider a further wrong committed against Fiona Doyle in which duress might be the defence.

The following is from another piece in The Irish Times. “Rape survivor Fiona Doyle has said no alarm bells rang when as a child she was treated for a sexually transmitted infection. ‘I was brought to the doctor . . . and the doctor told my mother I had warts and they were that bad that I had to go to hospital to have them lasered off. But I didn’t know until I was in my late twenties that I had an STI,’ she told last night’s Late Late Show.” (iii)

The doctor and those at the hospital who remained silent having treated a child for an illness that was sexually transmitted, bear some responsibility for subsequent rape attacks on the child. The duress which motivated their silence would be of a different type and a much, much smaller degree than that faced by the mother but the medical staff, like the mother, have questions to answer.

The point is this: The time to have sympathy for those who under duress participated in or facilitated a crime is after their behaviour has been examined and the extent of the duress established.
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i. This is Rosita Boland quoting Paula Kavanagh, another victim of a father’s sexual abuse. http://www.irishtimes.com/newspaper/weekend/2013/0126/1224329285532.html
ii. The piece is by Kitty Holland and it appears on-line at the same URL and follows on from Rosita Boland’s article.
iii. http://www.irishtimes.com/newspaper/ireland/2013/0126/1224329304072.html

I shouldn’t have to preface my remarks here but I reckon that I do. I do not support the Rossport protesters and I’m far from impressed by the victims in this case. With that out of the way, let’s get down to the importance of what happened in that car and the inadequacy of the official response.*

I’m reminded of a case many years ago when a man was murdered in Shercock Garda station. As I recall, there were two trials but there was little evidence to support a conviction. There was another disturbing feature:  Witnesses – members of An Garda – heard screams but did nothing. What’s this got to do with the Corrib incident?

Well, there were five Gardaí in the car. There was joking banter on rape and not one voice was raised against. The problem is not that insufficient punishment will be meted out. The problem is that people of this sort are being recruited and then tolerated. There should be no place in An Garda for quiet types who will stay silent when faced with wrongdoing or for people with weird attitudes to crime.

In short, this incident points to the need to review recruitment procedures.

* Here’s a report on the issue itself:

http://www.rte.ie/news/2012/0424/one-garda-should-face-corrib-action-ombudsman.html