Jay Donnelly

Started by downjim, January 11, 2019, 09:52:48 AM

Previous topic - Next topic

GetOverTheBar

Quote from: screenexile on January 11, 2019, 11:38:13 AM
Just asking a question maybe one of our legal experts can answer?

Why is she considered a child for the charge of distributing images but there is no issue with him having sex with her because she was the legal age for consent??!!

He was convicted of distributing an indecent image of a child. For that purpose a child is considered under 18.

johnnycool


https://www.fpa.org.uk/factsheets/law-on-sex#age-consent

NORTHERN IRELAND
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of gender or sexual orientation.

The Sexual Offences (Northern Ireland) Order 2008 introduced a series of laws to protect children under 16 from abuse. However, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.

Specific laws protect children under 13, who cannot legally give their consent to any form of sexual activity. There is a maximum sentence of life imprisonment for rape and assault by penetration. There is no defence of mistaken belief about the age of the child, as there is in cases involving 13–15 year olds.

Article 79 of The Sexual Offences (Northern Ireland) Order 2008 amended "relevant offence" for section 5(1) of the Criminal Law Act (Northern Ireland) 1967 to exclude the duty to report information about the commission of an offence under Article 20. This therefore means that there is no statutory duty under criminal law to report to the police cases of sexual activity involving children under the age of 16 under articles 16 to 19 of the Order, where the other party is aged under 18"





I presume he was deemed to be off a similar age although he was 21, 5 years older, not sure how that works either, but even at that the "unless it involves abuse or exploitation" surely would be triggered when he took pictures of her against her wishes and distributed them.

Taylor

Quote from: johnnycool on January 11, 2019, 12:00:04 PM

https://www.fpa.org.uk/factsheets/law-on-sex#age-consent

NORTHERN IRELAND
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of gender or sexual orientation.

The Sexual Offences (Northern Ireland) Order 2008 introduced a series of laws to protect children under 16 from abuse. However, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.

Specific laws protect children under 13, who cannot legally give their consent to any form of sexual activity. There is a maximum sentence of life imprisonment for rape and assault by penetration. There is no defence of mistaken belief about the age of the child, as there is in cases involving 13–15 year olds.

Article 79 of The Sexual Offences (Northern Ireland) Order 2008 amended "relevant offence" for section 5(1) of the Criminal Law Act (Northern Ireland) 1967 to exclude the duty to report information about the commission of an offence under Article 20. This therefore means that there is no statutory duty under criminal law to report to the police cases of sexual activity involving children under the age of 16 under articles 16 to 19 of the Order, where the other party is aged under 18"





I presume he was deemed to be off a similar age although he was 21, 5 years older, not sure how that works either, but even at that the "unless it involves abuse or exploitation" surely would be triggered when he took pictures of her against her wishes and distributed them.

Took pictures of her against her wishes?

Why wasnt the sentence harsher?

screenexile

Quote from: GetOverTheBar on January 11, 2019, 11:53:53 AM
Quote from: screenexile on January 11, 2019, 11:38:13 AM
Just asking a question maybe one of our legal experts can answer?

Why is she considered a child for the charge of distributing images but there is no issue with him having sex with her because she was the legal age for consent??!!

He was convicted of distributing an indecent image of a child. For that purpose a child is considered under 18.

Fair enough thanks.

downjim

What cliftonville player sent it on

LeoMc

Quote from: GetOverTheBar on January 11, 2019, 10:38:14 AM
Not a great situation for the lad. Hard to defend it, but whoever in his group of mates then sent it to the wider public via facebook also deserves 4 months for me. The name is widely suspected but nothing will come of that I assume.
I would have thought that anyone who re-shared the photo could have been done for distribution. However it would be easier for them to claim not to know she was under 18. Donnelly did not have that excuse.

Therealdonald

Quote from: hardstation on January 11, 2019, 07:46:53 PM
Quote from: johnnycool on January 11, 2019, 12:00:04 PM

https://www.fpa.org.uk/factsheets/law-on-sex#age-consent

NORTHERN IRELAND
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of gender or sexual orientation.

The Sexual Offences (Northern Ireland) Order 2008 introduced a series of laws to protect children under 16 from abuse. However, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.

Specific laws protect children under 13, who cannot legally give their consent to any form of sexual activity. There is a maximum sentence of life imprisonment for rape and assault by penetration. There is no defence of mistaken belief about the age of the child, as there is in cases involving 13–15 year olds.

Article 79 of The Sexual Offences (Northern Ireland) Order 2008 amended "relevant offence" for section 5(1) of the Criminal Law Act (Northern Ireland) 1967 to exclude the duty to report information about the commission of an offence under Article 20. This therefore means that there is no statutory duty under criminal law to report to the police cases of sexual activity involving children under the age of 16 under articles 16 to 19 of the Order, where the other party is aged under 18"





I presume he was deemed to be off a similar age although he was 21, 5 years older, not sure how that works either, but even at that the "unless it involves abuse or exploitation" surely would be triggered when he took pictures of her against her wishes and distributed them.
I have no sympathy for him but I don't follow your train of thought.
She was 16. It was legal for him to have sex with her.
I don't think he took the pictures against her wishes. It has been mentioned that she posed for some of them.
He distributed an indecent image of someone under 18. This is illegal. This is what he was done for.

Alot of us on here with children, would be best keeping quiet. What happened Jay Donnelly, could easily be our son, or the girl could be our daughter. This is the modern world. Just keep that in mind.

screenexile

Quote from: Therealdonald on January 11, 2019, 08:38:51 PM
Quote from: hardstation on January 11, 2019, 07:46:53 PM
Quote from: johnnycool on January 11, 2019, 12:00:04 PM

https://www.fpa.org.uk/factsheets/law-on-sex#age-consent

NORTHERN IRELAND
The age of consent to any form of sexual activity is 16 for both men and women. The age of consent is the same regardless of gender or sexual orientation.

The Sexual Offences (Northern Ireland) Order 2008 introduced a series of laws to protect children under 16 from abuse. However, the law is not intended to prosecute mutually agreed teenage sexual activity between two young people of a similar age, unless it involves abuse or exploitation.

Specific laws protect children under 13, who cannot legally give their consent to any form of sexual activity. There is a maximum sentence of life imprisonment for rape and assault by penetration. There is no defence of mistaken belief about the age of the child, as there is in cases involving 13–15 year olds.

Article 79 of The Sexual Offences (Northern Ireland) Order 2008 amended "relevant offence" for section 5(1) of the Criminal Law Act (Northern Ireland) 1967 to exclude the duty to report information about the commission of an offence under Article 20. This therefore means that there is no statutory duty under criminal law to report to the police cases of sexual activity involving children under the age of 16 under articles 16 to 19 of the Order, where the other party is aged under 18"





I presume he was deemed to be off a similar age although he was 21, 5 years older, not sure how that works either, but even at that the "unless it involves abuse or exploitation" surely would be triggered when he took pictures of her against her wishes and distributed them.
I have no sympathy for him but I don't follow your train of thought.
She was 16. It was legal for him to have sex with her.
I don't think he took the pictures against her wishes. It has been mentioned that she posed for some of them.
He distributed an indecent image of someone under 18. This is illegal. This is what he was done for.

Alot of us on here with children, would be best keeping quiet. What happened Jay Donnelly, could easily be our son, or the girl could be our daughter. This is the modern world. Just keep that in mind.

It's genuinely one of the few things that worries me about the future!!

JimStynes

#23
If it's the blonde girl in the pics that were doing the rounds on WhatsApp, she would easily pass for early 20s. Did he know she was only 16 at the time? Taking pics and sending them around mates is a sc**bag move.

Therealdonald

Quote from: JimStynes on January 11, 2019, 10:20:22 PM
If it's the blonde girl in the pics that we're doing the rounds on WhatsApp, she would easily pass for early 20s. Did he know she was only 16 at the time? Taking pics and sending them around mates is a sc**bag move.

100% agree. But I'm sure when we look back at some of the stuff we got up to, it wouldn't be good either. It was just that the use of cameras wasn't as prevalent.

Over the Bar

FFS have the lad Donnelly and the girl not been through enough? Does it really need GAA fans starting a thread asking for everyone's tuppence worth to the rights and wrongs?

Orior

The world feeds on gossip, unfortunately.
Cover me in chocolate and feed me to the lesbians

RedHand88

Is it true that he met her on a night out in the pub?

trailer

Donnelly is a clown. No brains. The state of him and his supporters going in and out the court. Think they're in an episode of footballers wives.

Over the Bar

Quote from: hardstation on January 12, 2019, 09:22:08 AM
Quote from: Over the Bar on January 12, 2019, 12:23:23 AM
FFS have the lad Donnelly and the girl not been through enough? Does it really need GAA fans starting a thread asking for everyone's tuppence worth to the rights and wrongs?
Has someone hacked your account? I don't recall you having any issues picking away at the Ulster Rugby trial.
Anyway, it was one of the main stories in the news this week, people are going to talk about it.
Imagine he played for Liverpool......

Liverpool players have done much worse than Donnelly and didn't see the inside of a cell.   If Donnelly earned £100k a week he wouldn't either as you can effectively buy your way out of these things with the best legal teams.