Laws to address gap in definition of sexual consent

People accused of rape will be far less likely to avoid jail due to claims that their victim “consented” while drunk, under laws to be put forward today by the Government.

Justice Minister Frances Fitzgerald will put forward the legal changes at this morning’s Cabinet meeting in a bid to further protect people at risk of assault while in vulnerable positions.

Despite public awareness campaigns in recent years, victims groups have repeatedly said a large number of incidents are never reported because the victim was drunk, asleep, or unconscious at the time.

While a number of these cases still go to court, due to a gap in existing laws Irish judges currently have no legal definition on which to base their rulings, as there is no legal definition of consent under these situations on the statute.

As part of an amendment to the Criminal Law (Sexual Offences) Bill 2015 — which is at its final stage before becoming law — Ms Fitzgerald will say the gap must be addressed and a new legal definition of consent specifically addressing these issues drawn up.

The request, expected to be passed by Cabinet before being included in upcoming Dáil and Seanad votes on the bill, will state that in future no one can be considered to have consented to a sexual act if they are drunk, otherwise intoxicated, asleep, or unconscious.

Among the other elements of the bill are new criminal offences to protect children from grooming, online predators, and child pornography; addressing a “gender anomaly” on incest; and increased harassment order powers to protect the victims of convicted sex offenders.

The Cabinet meeting will also see Social Protection Minister Leo Varadkar seek permission to begin a five-week consultation period with businesses and trade unions over his working family payment plans.

The move, which follows the creation of an inter-departmental working group on the issue last year, is designed to promote work over welfare by supplementing households incomes while encouraging parents to take on full-time jobs.

While it has been criticised for claiming Ireland suffers from a culture of welfare dependency, the scheme is seen by Fine Gael as a key part of reforming the system.

Children’s Minister Katherine Zappone will put forward a general heads of bill for her plans to financially support families.

The legal change is linked to last October’s budget announcement to create a universal scheme to help with childcare costs.

Jobs Minister Mary Mitchell O’Connor will put forward a jobs action plan which is due to be launched next week and will contain a series of Brexit-focused measures seeking to protect the economy.

The plan will be raised as part of a wider Brexit discussion before British prime minister Theresa May travels to Dublin next week.