The outrage and anger in Britain over the murder of Sarah Payne has renewed the debate about how to deal with the problem of paedophiles. That debate, inevitably, has spilled over into this State. The extent of child sexual abuse has only become apparent relatively recently, and as a society we are still attempting to grapple with it. Our understanding of its various causes and strands is developing, while the numbers of those appearing before the courts, and the challenge they represent to our criminal justice system, continue to grow.
It is tempting to think that there might be instant solutions - fool-proof ways to keep our children safe. But the international experience has been that such solutions have proved elusive, and many of the answers now being touted in the media have failed to reduce the incidence of abuse. The popular proposal of the moment is the setting up of a paedophile register, with various organisations, including the Irish Society for the Prevention of Cruelty to Children, calling for such a register to be open to parents "on a controlled basis".
This proposal came initially from the US, where "Megan's Law" was introduced following the murder of a child of that name by a paedophile with previous convictions. He had moved into the area unknown to his neighbours. However, the experience in that jurisdiction is that it has had the effect of driving dangerous paedophiles underground. British professionals in this area warn that it would have the same effect there.
Meanwhile, those convicted of abusing within their own families, who are unlikely to pose a threat to children outside it, and even those convicted of assaulting adults, will, under our proposed legislation, be on the register. If it is accessible to the public they will potentially fall prey to the kind of mob violence and intimidation recently witnessed in Britain. It must also be remembered that only a minority of child-abusers are ever apprehended, and an even smaller minority convicted. Most remain in the community undetected, untreated and potentially posing a threat to children.
Child sexual abuse is a complex matter, and takes many forms, from the abuse of children within their families (by far the most common) to the stalking and abducting of children by dangerous fixated paedophiles who often prove resistant to treatment. This poses an equally complex challenge to our criminal justice system, which must start by considering ways to ensure that children feel comfortable and safe in reporting abuse. This may involve alternatives to our adversarial court system for such offences.
Sentencing policy must also reflect these complexities, with the possibility of open-ended sentences and continuing supervision for those judged, following treatment in prison, to pose a continuing risk to children. All this will need lengthy and considered debate and changes to many of our institutions. It will also need resources. But it may actually lead to greater protection for children, which would probably not result from the easier proposals now under consideration.