2023 Act The 2023 Act broadens requirements for a sex offender to inform a prospective employer of a conviction when applying for work with children or vulnerable persons. The 2023 Act updates the prohibition on sex offenders working with children and vulnerable adults. It is without prejudice to provisions on the post release supervision of offenders under Part 5 and a prohibition may be imposed on […]
Sex Offenders Obligations The Sex Offenders Act 2001 aims to prevent certain persons from having access to children. It creates a Sex Offender’s register. Civil court orders may also be made against offenders. The notification obligations apply to the sexual offences committed against children. The duration of the notification obligation is linked to the length of sentence. Offenders must notify the Gardaí of their names […]
Rape A man commits rape if he has sexual intercourse with a woman who at the time of the intercourse does not consent to it, and at that time he knows that she does not consent or he is reckless as to whether she does or does not consent. Rape occurs where the penis enters the opening of the complainant’s vagina to any extent. Intercourse […]
Under Age (pre-2017 Act) It is an offence to commit buggery in relation to a person under 17 years punishable by up to five years imprisonment for a first offence and ten years for a subsequent offence. It is an offence to attempt to commit the offence. Gross indecency covered any sexual act between males that did not constitute buggery. This was replaced in 1993 […]
Aggravated Sexual Assault Aggravated sexual assault is a sexual assault that involves serious violence or a threat of serious violence or is such as to cause injury, humiliation or degradation of a grave nature to the person assaulted. A person guilty of aggravated sexual assault is liable on conviction to imprisonment for life. Indecency covers a wide variety of circumstances. Some behaviour may be inherently […]
Commission into Child Abuse The sexual abuse of children has come into public focus over the last 30 years. A particular feature has been the abuse of children while in the care of state, religious and other charitable bodies which were undertaking childcare on behalf of the state. The Commission to Inquire into Child Abuse was established by legislation in 2000. The purpose was to […]
Sexual Exploitation of Children A person who for the purposes of the sexual exploitation of a child— pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration, provides or offers or offers or promises to provide, a child to another person, or obtains a child for himself or herself or for another […]
Sexual Exploitation There are a number of modern offences concerned with the trafficking of persons for the purpose of exploitation, which derives from Conventions. Sexual exploitation includes production of pornography, causing a person to engage in sexual activity for the purpose of production of pornography, prostitution of a person, committing an offence under the Sexual Offences Act or causing a person to engage in any […]
Payment for sexual activity (2017 Act) It is an offence where, in the context of prostitution, a person pays for a sexual act / activity with another person. It is also an offence to promise payment for sexual activity with a prostitute. The person offering sexual acts does not commit any offence under the provision. A person who pays, gives, offers or promises to pay or […]
Cross-Examination of Victim In a trial for a rape offence or a sexual assault offence, [when a person pleads not guilty] evidence is not to be allowed other than with the consent of the judge and no questions will be asked in cross-examination, about the sexual experience of the complainant with any person. The Judge shall not give leave other than in an application in […]
Definition Child pornography is any visual representation that shows or relates to a person who is or is depicted as a child or who is engaged in or is depicted being engaged in explicit sexual activity or witnessing such activity or where the dominant characteristic is a depiction for a sexual purpose of the genital or anal region of a child. Advocating, encouraging or counselling […]
Harassment order On application made, a court may when imposing a sentence of imprisonment on a person convicted of a sexual offence (referred to in this section as the “respondent”), or at any time before the date of the respondent’s release from prison, in addition to whatever sentence it may impose or, as the case may be, has been imposed on the person, make a […]