Sexual consent to be defined in law

A new definition of consent to a sexual act has been signed off by Cabinet which campaigners say will make the law clearer for victims and judges.

Sexual consent to be defined in law

Tánaiste and Minister for Justice Frances Fitzgerald brought forward the proposal to provide a definition of sexual consent in the Criminal Law (Sexual Offences) Bill.

The definition outlines a number of cases where consent is not given, including where a person is intoxicated, asleep or unconscious.

Following the approval of the memo by Cabinet, Independent Minister Katherine Zappone secured agreement from the Government to review the defence of honest belief that consent was given in rape cases which she said is “out-dated”.

This is when an accused can and must be acquitted of rape if they can persuade a jury and the court that they honestly believed consent existed, no matter how mistaken or illogical that belief.

The Law Reform Commission will now examine ending the practice of accepting a defence of honest belief alone. Mr Zappone said: “We now have an opportunity to introduce in law the need for those accused of rape to demonstrate an element of reasonableness in relying on the defence of honest belief.

“Now we have an opportunity to modernise our laws and introduce a long overdue victim centred approach.”

The Rape Crisis Network of Ireland (RCNI) described the definition as a “fantastic beginning.”

“I’m delighted to see it. It’s a fantastic beginning. I’ve had a look at the draft heads and it looks like they’ve done a pretty good job,” Caroline Counihan, the legal policy director of the RCNI said.

Head of the National Women’s Council of Ireland Orla O’Connor said the proposed definition “will facilitate more victims coming forward and therefore higher reporting.”

“Having a definition makes it a lot clearer for victims and for our judges. It creates an easier environment,” Ms O’Connor said.

Director of Women’s Aid, Margaret Martin, welcomed the development and said callers to the organisation’s helpline often “struggle to identify coercion and forced sexual activity as the crime of sexual violence.”

“We hope that these measures will increase safety and protection and help women who are experiencing it from an intimate partner, identify and report rape by a partner and seek help from specialist support agencies like Women’s Aid.”

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