Hi there, 

Many thanks for getting in touch with Ask Robyn. It is positive to hear that you are reaching out to find guidance around the law to support your daughter. Pregnancy as a teenager can be overwhelming and stressful, for the parents of the person who is pregnant as well as for the pregnant person themselves. It is important to reach out for support through this process as it may raise a lot of uncertainty around supports available. 

Our Childline Ask Alex page has received similar questions regarding the law and age of consent, you may wish to explore some of these answers here: https://www.childline.ie/?s=consent . In relation to your question, Childline provided the following answer that may be of relevance: “In Ireland, a person must be 17 years of age to consent to engaging in any sexual act. This means the law states that any young person under the age of 17 is not legally old enough to consent to any sexual act, even when they want to. It is also important to remember that engaging in a sexual act without consent or with someone who cannot consent, is a crime.  The age of consent applies to everyone, regardless of gender or sexual orientation.  

In cases where both young people are under the age of 17, the law recognises that people under 17 do sometimes engage in sexual activity with each other, and this meant that the law introduced a ‘proximity of age’ defence or the ‘Romeo and Juliet Defence’. This means that if a young person is accused of a sexual act with someone who is 15 or 16, they can put forward a defence, but only if all these conditions apply. 

• The person is younger or not more than two years older than the child.  
• Consent was given freely and voluntarily. 
• Neither person felt exploited or intimidated 
• Neither person is in a position of authority, for example, a teacher or doctor.  

The ‘Romeo and Juliet Defence’ may be open to an 18-year-old and their partner of 16, but only if ALL of the above is met, and it may be up to a court of law to decide whether or not to bring formal charges against the older person.” 

Both you and your daughter may wish to explore other supports. Spunout have a helpful article around pregnancy supports for teens: https://spunout.ie/life/your-rights/supports-for-pregnant-young-people-ireland/ There are further supports available both for parents and grandparents such as Teen Parents Support Programme: https://www.tpsp.ie/

If you or your daughter ever feel overwhelmed or unsure about how to proceed, do not hesitate to seek advice from professionals or support groups. You may wish to speak about this further and you can contact us by phone from Monday to Friday 9am – 1pm on 01 5224300 or by email to [email protected]

Take care, 

Robyn