Statutory Rape

Table of Contents

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 by the offence of gross indecency between males under the age of 17 years. It is an offence to attempt to commit an act of gross indecency with a male of the age of 17 years.

Under 15 Years (pre-2017 Act)

A person who engages in a sexual act with a child under 15 is guilty of an offence and is liable on conviction on indictment to imprisonment up to for life. A person who attempts to engage in a sexual act with a child under the age of 15 is similarly guilty of an offence liable on conviction on indictment for up to imprisonment for life.

It is a defence to proceedings to prove that the accused honestly believe at the time of the alleged commission of the offence that the child against whom the offence was committed had attained the age of 15 years. If the matter of the defendant’s honest belief arises, the Court is to have regard to the absence of reasonable grounds and other relevant circumstances in so determining the issue. The consent of a child under 15 years is not a defence.

Under 17 Years (pre-2017 Act)

A person who engages in a sexual act with a child under the age of 17 years is guilty of an offence and is subject on conviction on indictment to imprisonment up to five years or up to life imprisonment if he or she is a person in the place of authority. In the case of any subsequent conviction, the maximum imprisonment is increased from five to ten years.

A sexual act means an act consisting of sexual intercourse or buggery. Attempting to engage in a sexual act with a child under 17 years is similarly an offence, subject to the same punishment.

A person in authority means a parent, stepparents, guardian, grandparent, uncle, aunt, a person who is in loco parentis or any person who is responsible for the education, supervision or welfare of the victim.

A female child under the age of 17 years shall not be guilty of an offence under the Act by reason only of engaging in an act of sexual intercourse.

Defence

It is a defence to proceeding for the offence for the defendant to prove that he or she honestly believed that at the time of the alleged commission of the offence, the child against who the offence is alleged to have been committed, had attained the age of 17 years.

The reasonableness of the belief is relevant to the decision as to whether the person so believed. The consent of a person of under years is not a defence.

See the other chapters on 2017 Reforms.

Procedural Aspects

Proceedings for an offence under this provision against a child under 17 years shall not be brought except for the consent of the DPP.

A person who has been convicted of an offence and is not more than two years older than the child under the age of 17 years with whom he or she has engaged or tempted to engage in a sexual act, is not subject to the provisions of the Sex Offenders Act.

The District Court may try summarily a person charged with an offence under certain of the foregoing provision if the Court is of the opinion that the facts constituted a minor offence, fit to be tried summarily, the accused does not object to being so tried and the DPP consents. On the summary conviction, the maximum fine is €50,000 or imprisonment for up to 12 months.

Sexual act with child under 17 years of age (2017 Act)

A sexual act’ means an act consisting of—

sexual intercourse, or
buggery,
sexual exploitation
an invitation to touching
an act which if done without consent would constitute a sexual assault;

A person who engages in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment—

to imprisonment for a term not exceeding 7 years, or
if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.

A person who attempts to engage in a sexual act with a child who is under the age of 17 years is guilty of an offence and is liable on conviction on indictment—

to imprisonment for a term not exceeding 7 years, or
if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.

It is a defence to proceedings for the offence for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years. The court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.

The standard of proof required to prove that the defendant was reasonably mistaken in stating that the child had attained the age of 17 years is the balance of probabilities.

It is not be a defence for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.

No proceedings for an offence under this provision against a child under the age of 17 years is brought except by, or with the consent of, the Director of Public Prosecutions.

Where, in proceedings for an offence against a child who at the time of the alleged commission of the offence had attained the age of 15 years but was under the age of 17 years, it is a defence that the child consented to the sexual act of which the offence consisted where the defendant—

is younger or less than 2 years older than the child,

was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and
was not, at the time of the alleged commission of the offence, in a relationship with the child that was intimidatory or exploitative of the child.”.

Sexual act with child under 15 years of age (2017 Act)

A person who engages in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.

A person who attempts to engage in a sexual act with a child who is under the age of 15 years is guilty of an offence and is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.

It is a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years.

Where, in proceedings for this offence, it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained the said age.

The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 15 years is that applicable to civil proceedings. It is not be a defence to proceedings for an offence for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act.

Vulnerable Persons

There is an offence of intercourse or attempted intercourse with a mentally impaired person. Mental impairment is a disorder of the mind that renders the person incapable of living independent life or preventing serious exploitation.

This is subject to imprisonment on conviction on indictment for up to ten years. Attempt to commit the same is similarly punishable, but with a shorter maximum sentence.

Buggery and attempted buggery are punishable in the same way. Acts or attempted acts of gross indecency by a male with another who suffers from mental illness is punishable by up to two years imprisonment.

It is the defence for the accused to show that he did not know or have reason to suspect that the person was suffering from a mental impairment.

Offence by person in authority

A “person in authority”, in relation to a protected person against whom an offence is alleged to have been committed, means any person who as part of a contract of service or a contract for services is, for the time being, responsible for the education, supervision, training, treatment, care or welfare of the relevant person;

A person in authority who engages in a sexual act with a person in the following category is guilty of an offence. A person who has a mental or intellectual disability, or a mental illness, which is of such a nature or degree as to severely restrict the ability of the person to guard himself or herself against serious exploitation (a protected person).

A person in authority who invites, induces, counsels or incites a protected person to engage in a sexual act is guilty of an offence.

It is a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the person against whom the offence is alleged to have been committed was not a protected person.

It shall not be a defence to proceedings for an offence under this section for the defendant to prove that the person against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted.

The standard of proof required to prove that the defendant was reasonably mistaken that the person against whom the offence is alleged to have been committed was not a relevant person is the balance of probabilities (more likely than not)

A person guilty of the above offence where the sexual act consisted of sexual intercourse, buggery, or sexual assault is liable on conviction on indictment to imprisonment for a term not exceeding 10 years. A person guilty of an offence where the sexual act consisted of an act which if done without consent would constitute a sexual assault, or sexual exploitation is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

No proceedings for an offence in relation to a protected person may be brought except by, or with the consent of, the Director of Public Prosecutions.

Person in Authority

A person in a position of authority over a child who engages in a sexual act with that child is guilty of an offence under the 2006 Act. A ‘person in authority’, in relation to a child against whom an offence is alleged to have been committed, means—

a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,
a current or former guardian or foster parent of the child,
a current or former step-parent of the child,
a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,
any person who is for the time being, or has been, in loco parentis to the child, or
any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;”,