{"id":1189,"date":"2021-07-07T22:32:17","date_gmt":"2021-07-07T22:32:17","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1189"},"modified":"2024-03-23T09:08:35","modified_gmt":"2024-03-23T09:08:35","slug":"rape-trials","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/rape-trials\/","title":{"rendered":"Statutory Rape"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Under_Age_pre-2017_Act\" title=\"Under Age (pre-2017 Act)\">Under Age (pre-2017 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Under_15_Years_pre-2017_Act\" title=\"Under 15 Years (pre-2017 Act)\">Under 15 Years (pre-2017 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Under_17_Years_pre-2017_Act\" title=\"Under 17 Years (pre-2017 Act)\">Under 17 Years (pre-2017 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Defence\" title=\"Defence\">Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Procedural_Aspects\" title=\"Procedural Aspects\">Procedural Aspects<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Sexual_act_with_child_under_17_years_of_age_2017_Act\" title=\"Sexual act with child under 17 years of age (2017 Act)\">Sexual act with child under 17 years of age (2017 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Sexual_act_with_child_under_15_years_of_age_2017_Act\" title=\"Sexual act with child under 15 years of age (2017 Act)\">Sexual act with child under 15 years of age (2017 Act)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Vulnerable_Persons\" title=\"Vulnerable Persons\">Vulnerable Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Offence_by_person_in_authority\" title=\"Offence by person in authority\">Offence by person in authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/rape-trials\/#Person_in_Authority\" title=\"Person in Authority\">Person in Authority<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#CRIMINAL_LAW_RAPE_ACT_1981\" title=\"CRIMINAL LAW (RAPE) ACT 1981\">CRIMINAL LAW (RAPE) ACT 1981<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Meaning_of_%E2%80%9Crape%E2%80%9D\" title=\"Meaning of \u201crape\u201d.\">Meaning of \u201crape\u201d.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Restrictions_on_evidence_at_trials_for_rape_offences\" title=\"Restrictions on evidence at trials for rape offences.\">Restrictions on evidence at trials for rape offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Proceedings_under_Part_IA_of_the_Criminal_Procedure_Act_1967\" title=\"Proceedings under Part IA of the Criminal Procedure Act, 1967.\">Proceedings under Part IA of the Criminal Procedure Act, 1967.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Legal_representation_for_complainants\" title=\"Legal representation for complainants.\">Legal representation for complainants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Trials_of_juveniles\" title=\"Trials of juveniles.\">Trials of juveniles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Exclusion_of_the_public\" title=\"Exclusion of the public.\">Exclusion of the public.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Anonymity_of_complainants\" title=\"Anonymity of complainants.\">Anonymity of complainants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Anonymity_of_accused\" title=\"Anonymity of accused.\">Anonymity of accused.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Trials_by_court-martial\" title=\"Trials by court-martial.\">Trials by court-martial.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Penalty_for_publication_of_unauthorised_matter\" title=\"Penalty for publication of unauthorised matter.\">Penalty for publication of unauthorised matter.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Summary_jurisdiction\" title=\"Summary jurisdiction.\">Summary jurisdiction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Short_title_and_commencement\" title=\"Short title and commencement.\">Short title and commencement.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#CRIMINAL_LAW_RAPE_AMENDMENT_ACT_1990\" title=\"CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990\">CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_assault\" title=\"Sexual assault.\">Sexual assault.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_offences\" title=\"Sexual offences\">Sexual offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Aggravated_sexual_assault\" title=\"Aggravated sexual assault.\">Aggravated sexual assault.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Rape_under_section_4\" title=\"Rape under section 4 .\">Rape under section 4 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Abolition_of_marital_exemption_in_relation_to_rape\" title=\"Abolition of marital exemption in relation to rape.\">Abolition of marital exemption in relation to rape.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Capacity_to_commit_offences_of_a_sexual_nature\" title=\"Capacity to commit offences of a sexual nature.\">Capacity to commit offences of a sexual nature.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Corroboration_of_evidence_in_proceedings_in_relation_to_offences_of_a_sexual_nature\" title=\"Corroboration of evidence in proceedings in relation to offences of a sexual nature.\">Corroboration of evidence in proceedings in relation to offences of a sexual nature.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Alternative_verdicts\" title=\"Alternative verdicts.\">Alternative verdicts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Consent\" title=\"Consent\">Consent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Trial_of_persons_for_certain_offences_by_Central_Criminal_Court\" title=\"Trial of persons for certain offences by Central Criminal Court.\">Trial of persons for certain offences by Central Criminal Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Exclusion_of_the_public_from_hearings\" title=\"Exclusion of the public from hearings.\">Exclusion of the public from hearings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_1_of_Principal_Act\" title=\"Amendment of section 1 of Principal Act.\">Amendment of section 1 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_3_of_Principal_Act\" title=\"Amendment of section 3 of Principal Act.\">Amendment of section 3 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_8_of_Principal_Act\" title=\"Amendment of section 8 of Principal Act.\">Amendment of section 8 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_9_of_Principal_Act\" title=\"Amendment of section 9 of Principal Act.\">Amendment of section 9 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_12_of_Principal_Act\" title=\"Amendment of section 12 of Principal Act.\">Amendment of section 12 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Miscellaneous_amendments_of_Principal_Act\" title=\"Miscellaneous amendments of Principal Act.\">Miscellaneous amendments of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_Defence_Act_1954\" title=\"Amendment of Defence Act, 1954.\">Amendment of Defence Act, 1954.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_Criminal_Procedure_Act_1967\" title=\"Amendment of Criminal Procedure Act, 1967.\">Amendment of Criminal Procedure Act, 1967.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Repeals\" title=\"Repeals.\">Repeals.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#CRIMINAL_LAW_SEXUAL_OFFENCES_ACT_2017\" title=\"CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017\">CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Interpretation-3\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_Exploitation_of_Children\" title=\"Sexual Exploitation of Children\">Sexual Exploitation of Children<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Invitation_etc_to_sexual_touching\" title=\"Invitation etc. to sexual touching\">Invitation etc. to sexual touching<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_activity_in_presence_of_child\" title=\"Sexual activity in presence of child\">Sexual activity in presence of child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Causing_child_to_watch_sexual_activity\" title=\"Causing child to watch sexual activity\">Causing child to watch sexual activity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Meeting_child_for_purpose_of_sexual_exploitation\" title=\"Meeting child for purpose of sexual exploitation\">Meeting child for purpose of sexual exploitation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Use_of_information_and_communication_technology_to_facilitate_sexual_exploitation_of_child\" title=\"Use of information and communication technology to facilitate sexual exploitation of child\">Use of information and communication technology to facilitate sexual exploitation of child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_2_of_Act_of_1998\" title=\"Amendment of section 2 of Act of 1998\">Amendment of section 2 of Act of 1998<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_3_of_Act_of_1998\" title=\"Amendment of section 3 of Act of 1998\">Amendment of section 3 of Act of 1998<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Organising_etc_child_prostitution_or_production_of_child_pornography\" title=\"Organising etc. child prostitution or production of child pornography\">Organising etc. child prostitution or production of child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Producing_distributing_etc_child_pornography\" title=\"Producing, distributing, etc. child pornography\">Producing, distributing, etc. child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Participation_of_child_in_pornographic_performance\" title=\"Participation of child in pornographic performance\">Participation of child in pornographic performance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Possession_of_child_pornography\" title=\"Possession of child pornography\">Possession of child pornography<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_1_of_Act_of_2006\" title=\"Amendment of section 1 of Act of 2006\">Amendment of section 1 of Act of 2006<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_act_with_child_under_15_years_of_age\" title=\"Sexual act with child under 15 years of age\">Sexual act with child under 15 years of age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_act_with_child_under_17_years_of_age\" title=\"Sexual act with child under 17 years of age\">Sexual act with child under 17 years of age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Offence_by_person_in_authority-2\" title=\"Offence by person in authority\">Offence by person in authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Amendment_of_section_8_of_Act_of_1990\" title=\"Amendment of section 8 of Act of 1990\">Amendment of section 8 of Act of 1990<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_Act_with_Protected_Persons\" title=\"Sexual Act with Protected Persons\">Sexual Act with Protected Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Definitions\" title=\"Definitions\">Definitions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Sexual_act_with_protected_person\" title=\"Sexual act with protected person\">Sexual act with protected person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Offence_against_relevant_person_by_person_in_authority\" title=\"Offence against relevant person by person in authority\">Offence against relevant person by person in authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/rape-trials\/2\/#Prosecutions\" title=\"Prosecutions\">Prosecutions<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Under_Age_pre-2017_Act\"><\/span>Under Age (pre-2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>Gross indecency covered any sexual act between males that did not constitute buggery.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Under_15_Years_pre-2017_Act\"><\/span>Under 15 Years (pre-2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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\u2019s 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Under_17_Years_pre-2017_Act\"><\/span>Under 17 Years (pre-2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defence\"><\/span>Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>See the other chapters on 2017 Reforms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedural_Aspects\"><\/span>Procedural Aspects<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Proceedings for an offence under this provision against a child under 17 years shall not be brought except for the consent of the DPP.<\/p>\n<p>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.<\/p>\n<p>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 \u20ac50,000 or imprisonment for up to 12 months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_act_with_child_under_17_years_of_age_2017_Act\"><\/span>Sexual act with child under 17 years of age (2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A sexual act\u2019 means \u00a0an act consisting of\u2014<\/p>\n<ul>\n<li>\u00a0sexual intercourse, or<\/li>\n<li>buggery,<\/li>\n<li>sexual exploitation<\/li>\n<li>an invitation to touching<\/li>\n<li>an act which if done without consent would constitute a sexual assault;<\/li>\n<\/ul>\n<p>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\u2014<\/p>\n<ul>\n<li>\u00a0to imprisonment for a term not exceeding 7 years, or<\/li>\n<li>\u00a0if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/li>\n<\/ul>\n<p>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\u2014<\/p>\n<ul>\n<li>\u00a0to imprisonment for a term not exceeding 7 years, or<\/li>\n<li>\u00a0if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/li>\n<\/ul>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>It is not \u00a0be 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.<\/p>\n<p>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.<\/p>\n<p>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\u2014<\/p>\n<p>is younger or less than 2 years older than the child,<\/p>\n<ul>\n<li>was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and<\/li>\n<li>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.\u201d.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Sexual_act_with_child_under_15_years_of_age_2017_Act\"><\/span>Sexual act with child under 15 years of age (2017 Act)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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. \u00a0It is\u00a0 not be a defence to proceedings for an offence\u00a0 for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vulnerable_Persons\"><\/span>Vulnerable Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offence_by_person_in_authority\"><\/span>Offence by person in authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A \u201cperson in authority\u201d, 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;<\/p>\n<p>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 \u00a0a 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).<\/p>\n<p>A person in authority who invites, induces, counsels or incites a protected person to engage in a sexual act is guilty of an offence.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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)<\/p>\n<p>A person guilty of the above \u00a0offence 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. \u00a0A person guilty of an offence\u00a0 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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Person_in_Authority\"><\/span>Person in Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 \u2018person in authority\u2019, in relation to a child against whom an offence is alleged to have been committed, means\u2014<\/p>\n<ul>\n<li>a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,<\/li>\n<li>a current or former guardian or foster parent of the child,<\/li>\n<li>a current or former step-parent of the child,<\/li>\n<li>a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,<\/li>\n<li>any person who is for the time being, or has been, in loco parentis to the child, or<\/li>\n<li>any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;\u201d,<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL LAW (RAPE) ACT 1981<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 May 2021<\/p>\n<p>AN ACT TO AMEND THE LAW RELATING TO RAPE AND INDECENT ASSAULT ON FEMALES. [6th May, 1981]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nProvision for special treatment of child offences under Act made (1.05.2002) by Children Act 2001 (24\/2001), ss. 251, 253-256 and sch. 1, S.I. No. 151 of 2002.<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014F1[(1) In this Act\u2014<\/p>\n<p>\u2018aggravated sexual assault\u2019, \u2018rape under section 4\u2019 and \u2018sexual assault\u2019 have the meanings respectively assigned to them by the Criminal Law (Rape) (Amendment) Act, 1990;<\/p>\n<p>\u2018complainant\u2019 means a person in relation to whom a sexual assault offence is alleged to have been committed;<\/p>\n<p>\u2018a rape offence\u2019 means any of the following, namely, rape, attempted rape, burglary with intent to commit rape, aiding, abetting, counselling and procuring rape, attempted rape or burglary with intent to commit rape, and incitement to rape and, other than in sections 2 (2) and 8 of this Act, rape under section 4, attempted rape under section 4, aiding, abetting, counselling and procuring rape under section 4 or attempted rape under section 4 and incitement to rape under section 4;<\/p>\n<p>\u2018a sexual assault offence\u2019 means a rape offence and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, sexual assault, attempted sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault, attempted aggravated sexual assault, sexual assault or attempted sexual assault, incitement to aggravated sexual assault or sexual assault and conspiracy to commit any of the foregoing offences.]<\/p>\n<p>(2) In this Act references to sexual intercourse shall be construed as references to carnal knowledge as defined in section 63 of the Offences against the Person Act, 1861, so far as it relates to natural intercourse (under which such intercourse is deemed complete on proof of penetration only).<\/p>\n<p>(3) In this Act \u201c man \u201d and \u201c woman \u201d include respectively a male and a female person of any age; F2[\u2026].<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 12, commenced as per s. 22(3).<\/p>\n<p>F2<br \/>\nRepealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).<\/p>\n<h4>Meaning of \u201crape\u201d.<\/h4>\n<p>2. \u2014 (1) A man commits rape if\u2014<\/p>\n<p>(a) he has F3[\u2026] sexual intercourse with a woman who at the time of the intercourse does not consent to it, and<\/p>\n<p>(b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it,<\/p>\n<p>and references to rape in this Act and any other enactment shall be construed accordingly.<\/p>\n<p>(2) It is hereby declared that if at a trial for a rape offence the jury has to consider whether a man believed that a woman was consenting to sexual intercourse, the presence or absence of reasonable grounds for such a belief is a matter to which the jury is to have regard, in conjunction with any other relevant matters, in considering whether he so believed.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38\/1996) s. 2 and schedule, commenced on enactment.<\/p>\n<p>Sexual offences committed outside State.<\/p>\n<p>2. \u2014(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (\u201cthe place\u201d), against or involving a child which\u2014<\/p>\n<p>(a) constitutes an offence under the law of the place, and<\/p>\n<p>(b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act,<\/p>\n<p>he or she shall be guilty of the second-mentioned offence.<\/p>\n<p>(2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence.<\/p>\n<p>(3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence.<\/p>\n<p>SCHEDULE<\/p>\n<p>&#8230;<\/p>\n<p>3. Section 2 of the Criminal Law (Rape) Act, 1981.<\/p>\n<p>&#8230;<\/p>\n<h4>Restrictions on evidence at trials for rape offences.<\/h4>\n<p>3.\u2014F4[(1) If at a trial any person is for the time being charged with a sexual assault offence to which he pleads not guilty, then, except with the leave of the judge, no evidence shall be adduced and no question shall be asked in cross-examination at the trial, by or on behalf of any accused person at the trial, about any sexual experience (other than that to which the charge relates) of a complainant with any person; and in relation to a sexual assault tried summarily pursuant to section 12\u2014<\/p>\n<p>(a) subsection (2) (a) shall have effect as if the words \u2018in the absence of the jury\u2019 were omitted,<\/p>\n<p>(b) subsection (2) (b) shall have effect as if for the references to the jury there were substituted references to the court, and<\/p>\n<p>(c) this section (other than this paragraph) and subsections (3) and (4) of section 7 shall have effect as if for the references to the judge there were substituted references to the court.]<\/p>\n<p>(2) (a) The judge shall not give leave in pursuance of subsection (1) for any evidence or question except on an application made to him, in the absence of the jury, by or on behalf of an accused person.<\/p>\n<p>(b) The judge shall give leave if, and only if, he is satisfied that it would be unfair to the accused person to refuse to allow the evidence to be adduced or the question to be asked, that is to say, if he is satisfied that, on the assumption that if the evidence or question was not allowed the jury might reasonably be satisfied beyond reasonable doubt that the accused person is guilty, the effect of allowing the evidence or question might reasonably be that they would not be so satisfied.<\/p>\n<p>(3) If, notwithstanding that the judge has given leave in accordance with this section for any evidence to be adduced or question to be asked in cross-examination, it appears to the judge that any question asked or proposed to be asked (whether in the course of so adducing evidence or of cross-examination) in reliance on the leave which he has given is not or may not be such as may properly be asked in accordance with that leave, he may direct that the question shall not be asked or, if asked, that it shall not be answered except in accordance with his leave given on a fresh application under this section.<\/p>\n<p>(4) Nothing in this section authorises evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 13, commenced as per s. 22(3).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nTerm &#8220;jury&#8221; construed (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6\/2007), s. 3(2), commenced on enactment.<\/p>\n<p>Application of certain enactments.<\/p>\n<p>3. \u2014 &#8230;<\/p>\n<p>(2) References in section 3 of the Act of 1981 to jury shall, in the case of summary proceedings for an offence under section 6 (inserted by section 2), be construed as references to court.<\/p>\n<p>&#8230;<\/p>\n<p>F5[<\/p>\n<h4>Proceedings under Part IA of the Criminal Procedure Act, 1967.<\/h4>\n<p>4.\u2014(1) In a proceeding under Part IA of the Criminal Procedure Act, 1967, relating to\u2014<\/p>\n<p>(a) the dismissal of a charge of a sexual assault offence, or<\/p>\n<p>(b) the taking of a person&#8217;s evidence by way of deposition in the case of a sexual assault offence.<\/p>\n<p>then, except with leave of the judge conducting the proceeding, evidence shall not be adduced and a question shall not be asked which, if the proceeding were a trial such as is mentioned in section 3(1), could not be adduced or asked without leave in pursuance of that section.<\/p>\n<p>(2) On an application for leave the judge shall\u2014<\/p>\n<p>(a) refuse leave unless he is satisfied that leave in respect of the evidence or question would be likely to be given at such a trial, or<\/p>\n<p>(b) give leave if he is so satisfied.<\/p>\n<p>(3) Section 3(3) shall apply to an application under subsection (2) of this section.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nSubstituted (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 15, S.I. No. 193 of 2001.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPrevious affecting provision: subs. (1) amended (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 17(1), commenced as per s. 22(3); substituted as per F-note above.<\/p>\n<p>F6[<\/p>\n<h4>Legal representation for complainants.<\/h4>\n<p>4A.\u2014(1) Where an application under section 3 or 4 is made by or on behalf of an accused person who is for the time being charged with an offence to which this section applies, the complainant shall be entitled to be heard in relation to the application and, for this purpose, to be legally represented during the hearing of the application.<\/p>\n<p>(2) Notice of intention to make an application under section 3 or 4 shall be given to the prosecution by or on behalf of the accused person before, or as soon as practicable after, the commencement of the trial for the offence concerned or, as the case may be, the commencement of the proceeding concerned referred to in section 4(1).<\/p>\n<p>(3) The prosecution shall, as soon as practicable after the receipt by it of such a notice, notify the complainant of his or her entitlement to be heard in relation to the said application and to be legally represented, for that purpose, during the course of the application.<\/p>\n<p>(4) The judge shall not hear the said application without first being satisfied that subsections (2) and (3) have been complied with.<\/p>\n<p>(5) If the period between the complainant&#8217;s being notified, under subsection (3), of his or her entitlements under this section and the making of the said application is not, in the judge&#8217;s opinion, such as to have afforded the complainant a reasonable opportunity to arrange legal representation of the kind referred to in this section, the judge shall postpone the hearing of the application (and, for this purpose, may adjourn the trial or proceeding concerned) for a period that the judge considers will afford the complainant such an opportunity.<\/p>\n<p>(6) This section applies to a rape offence F7[, an offence under the Criminal Law (Sexual Offences) Act 2006], F8[an offence under section 6 of the Criminal Law (Sexual Offences) Act 1993] and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault or attempted aggravated sexual assault, incitement to aggravated sexual assault and conspiring to commit any of the foregoing offences.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nInserted (27.09.2001) by Sex Offenders Act 2001, s. 34, S.I. No. 426 of 2001.<\/p>\n<p>F7<br \/>\nInserted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006, s. 6(2), commenced on enactment.<\/p>\n<p>F8<br \/>\nInserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007, s. 3(1), commenced on enactment.<\/p>\n<h4>Trials of juveniles.<\/h4>\n<p>5. \u2014 Where a person charged with a F9[sexual assault offence] is tried for that offence summarily in pursuance of F10[section 75 (which provides for the summary trial in certain cases of persons under the age of 18 years who are charged with indictable offences) of the Children Act, 2001]\u2014<\/p>\n<p>(a) sections 2 (2) and 3 (2) (b) shall have effect as if for the references to the jury there were substituted references to the court,<\/p>\n<p>(b) section 3 (2) (a) shall have effect as if the words \u201c in the absence of the jury \u201d were omitted, and<\/p>\n<p>(c) section 3, subsections (3) and (4) of section 7 and subsections (2), (4) and (5) of section 8 shall have effect as if for the references to the judge there were substituted references to the court.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 17(1), commenced as per s. 22(3).<\/p>\n<p>F10<br \/>\nSubstituted (1.05.2002) by Children Act 2001 (24\/2001), s. 266, S.I. No. 151 of 2002.<\/p>\n<h4>Exclusion of the public.<\/h4>\n<p>F11[6.\u2014(1) Subject to subsections (2), (3) and (4), in any proceedings for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences, the judge, the justice or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge, the justice or the court, as the case may be, may in his or its discretion permit to remain.<\/p>\n<p>(2) Subject to subsection (3), during the hearing of an application under section 3 (including that section as applied by section 5) or under section 4 (2), the judge, the justice or the court, as the case may be, shall exclude from the court all persons except officers of the court and persons directly concerned in the proceedings.<\/p>\n<p>F12[(3) Subsections (1) and (2) are without prejudice to the right of\u2014<\/p>\n<p>(a) a parent, relative or friend of the complainant or, where the accused is not of full age, of the accused, or<\/p>\n<p>(b) a support worker chosen by the complainant,<\/p>\n<p>to remain in court.]<\/p>\n<p>(4) In any proceedings to which subsection (1) applies the verdict or decision and the sentence (if any) shall be announced in public.]<\/p>\n<p>F13[(5) In this section, \u2018support worker\u2019 means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nSubstituted and inserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 11, commenced as per s. 22(3).<\/p>\n<p>F12<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 29(a), S.I. No. 530 of 2017.<\/p>\n<p>F13<br \/>\nInserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017(28\/2017), s. 29(b), S.I. No. 530 of 2017.<\/p>\n<h4>Anonymity of complainants.<\/h4>\n<p>7. \u2014 (1) Subject to subsection (8) (a), after a person is charged with a F14[sexual assault offence] no matter likely to lead members of the public to identify a F14[person] as the complainant in relation to that charge shall be published in a written publication available to the public or be broadcast except as authorised by a direction given in pursuance of this section.<\/p>\n<p>(2) If, at any stage before the commencement of a trial of a person for a F14[sexual assault offence], he or another person against whom the complainant may be expected to give evidence at the trial applies to a judge of the High Court or Circuit Court for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial, and<\/p>\n<p>(b) that the conduct of the applicant&#8217;s defence at the trial is likely to be adversely affected if the direction is not given,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the complainant as is specified in the direction.<\/p>\n<p>(3) If at a trial of a person for a F14[sexual assault offence] he or another person who is also charged at the trial applies to the judge for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial,<\/p>\n<p>(b) that the conduct of the applicant&#8217;s defence at the trial is likely to be adversely affected if the direction is not given, and<\/p>\n<p>(c) that there was good reason for his not having made an application under subsection (2) before the commencement of the trial,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the complainant as is specified in the direction.<\/p>\n<p>(4) If at a trial for a F14[sexual assault offence] the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction on the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, he shall direct that that subsection shall not apply to such matter relating to the complainant as is specified in the direction; but a direction shall not be given in pursuance of this subsection by reason only of F14[the outcome of] the trial.<\/p>\n<p>(5) If a person who has been convicted of an offence and given notice of appeal against the conviction, or, on conviction on indictment, notice of an application for leave so to appeal, applies to the appellate court for a direction in pursuance of this subsection and satisfies the court\u2014<\/p>\n<p>(a) that the direction is required for the purpose of obtaining evidence in support of the appeal, and<\/p>\n<p>(b) that the applicant is likely to suffer injustice if the direction is not given,<\/p>\n<p>the court shall direct that subsection (1) shall not apply to such matter relating to a specified complainant and F14[sexual assault offence] as is specified in the direction.<\/p>\n<p>(6) If any matter is published or broadcast in contravention of subsection (1), the following persons, namely\u2014<\/p>\n<p>(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(b) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(7) In this section\u2014<\/p>\n<p>\u201c a broadcast \u201d means a broadcast by wireless telegraphy of sound or visual images intended for general reception, and cognate expressions shall be construed accordingly;<\/p>\n<p>\u201c written publication \u201d includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.<\/p>\n<p>(8) Nothing in this section\u2014<\/p>\n<p>(a) prohibits the publication or broadcasting of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with a F14[sexual assault offence], or<\/p>\n<p>(b) affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or broadcast.<\/p>\n<p>(9) A direction in pursuance of this section does not affect the operation of subsection (1) at any time before the direction is given.<\/p>\n<p>(10) If, after the commencement of a trial of a person for a F14[sexual assault offence], a new trial of the person for that offence is ordered, the commencement of any previous trial of that person for that offence shall be disregarded for the purposes of subsections (2) and (3).<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 17(2)(a)-(c), commenced as per s. 22(3).<\/p>\n<h4>Anonymity of accused.<\/h4>\n<p>8. \u2014 (1) After a person is charged with a rape offence no matter likely to lead members of the public to identify him as the person against whom the charge is made shall be published in a written publication available to the public or be broadcast except\u2014<\/p>\n<p>(a) as authorised by a direction given in pursuance of this section or by virtue of section 7 (8) (a) as applied by subsection (6) of this section, or<\/p>\n<p>(b) after he has been convicted of the offence.<\/p>\n<p>F15[(2) If a person charged with a rape offence applies in that behalf to a judge of the High Court before the commencement of the trial or to the judge at the trial, the judge shall direct that subsection (1) shall not apply to the person in relation to the charge:<\/p>\n<p>Provided that, if it appears to the judge that, if the direction were given, the publication of any matter in pursuance of the direction might enable members of the public to identify a person as the complainant in relation to the charge, the judge shall not give the direction unless he is satisfied that a direction could properly be given in relation to that person in pursuance of section 7.]<\/p>\n<p>(3) If, at any stage before the commencement of a trial of a person for a rape offence, another person who is to be charged with a rape offence at the trial applies to a judge of the High Court F16[\u2026] for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial, and<\/p>\n<p>(b) that the conduct of the applicant&#8217;s defence at the trial is likely to be adversely affected if the direction is not given,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the first-mentioned person as is specified in the direction.<\/p>\n<p>(4) If at a trial of a person for a rape offence another person who is also charged at the trial applies to the judge for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial,<\/p>\n<p>(b) that the conduct of the applicant&#8217;s defence is likely to be adversely affected if the direction is not given, and<\/p>\n<p>(c) that there was good reason for his not having made an application under subsection (3) before the commencement of the trial,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to the first-mentioned person as is specified in the direction.<\/p>\n<p>(5) If at a trial at which a person is charged with a rape offence the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction on the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction in respect of that person, the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence aforesaid, apply to such matter relating to that person as is specified in the direction.<\/p>\n<p>(6) Subsections (6) to (9) of section 7 shall have effect for the purposes of this section as if for references to that section there were substituted references to this section.<\/p>\n<p>(7) If, after the commencement of a trial of a person for a rape offence, a new trial of the person for that offence is ordered, the commencement of any previous trial of that person for that offence shall be disregarded for the purposes of subsections (2), (3) and (4).<\/p>\n<p>F17[(8) If, at any time after a person is charged with a rape offence, the Director of Public Prosecutions applies in that behalf to a judge of the High Court, the judge, if he is satisfied that it is in the public interest to do so, shall direct that subsection (1) shall not apply to such matter relating to the person charged with the offence as is specified in the direction.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 14(a), commenced as per s. 22(3).<\/p>\n<p>F16<br \/>\nRepealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).<\/p>\n<p>F17<br \/>\nInserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 14(b), commenced as per s. 22(3).<\/p>\n<h4>Trials by court-martial.<\/h4>\n<p>9. \u2014 (1) This Act applies to the trial of a F18[sexual assault offence] by court-martial with the necessary modifications.<\/p>\n<p>(2) In particular\u2014<\/p>\n<p>(a) for the references to a judge in section 7 (2) or section 8 (3) and for the references to a justice of the District Court in section 8 (2) there shall be substituted references to the convening authority, and<\/p>\n<p>F19[(aa) in section 8 (8) for the reference to the Director of Public Prosecutions there shall be substituted a reference to the convening authority and for the references to a judge of the High Court there shall be substituted references to a superior authority; and, for the purposes of this paragraph, each of the following shall be a superior authority:<\/p>\n<p>(i) the Minister for Defence,<\/p>\n<p>(ii) the Adjutant-General of the Defence Forces,<\/p>\n<p>(iii) any general officer or flag officer (within the meaning, in each case, of the Defence Act, 1954 ) appointed by the Minister for Defence for the purpose, and]<\/p>\n<p>(b) for references in section 3 and for other references in section 7 or 8 to a judge there shall be substituted references to the court-martial.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 17(1), commenced as per s. 22(3).<\/p>\n<p>F19<br \/>\nInserted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 15, commenced as per s. 22(3).<\/p>\n<p>Punishment of indecent assault on female.<\/p>\n<p>10. \u2014 F20[\u2026]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).<\/p>\n<h4>Penalty for publication of unauthorised matter.<\/h4>\n<p>11. \u2014 (1) A person guilty of an offence under section 7 (6) (including an offence under that section as applied by section 8 (6)) shall be liable on conviction on indictment to a fine not exceeding \u00a310,000 or, at the discretion of the court, to imprisonment for a term not exceeding 3 years or to both such fine and such imprisonment.<\/p>\n<p>(2) (a) Where an offence to which subsection (1) relates and which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.<\/p>\n<p>(b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.<\/p>\n<p>(3) Where a person is charged with an offence to which subsection (1) relates it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in section 7 (1) or section 8 (1), as the case may be.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nA fine of \u00a310,000 converts to \u20ac12,697.38.<\/p>\n<h4>Summary jurisdiction.<\/h4>\n<p>12. \u2014 (1) A justice of the District Court shall have jurisdiction to try summarily F21[a sexual assault or an offence to which section 11 relates] if\u2014<\/p>\n<p>(i) the justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,<\/p>\n<p>(ii) the Director of Public Prosecutions consents, and<\/p>\n<p>(iii) the defendant (on being informed by the justice of his right to be tried by a jury) does not object to being tried summarily,<\/p>\n<p>and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding F21[\u00a31,000] or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment.<\/p>\n<p>(2) Section 13 of the Criminal Procedure Act, 1967 (which provides for the procedure where a person pleads guilty in the District Court to an indictable offence) shall apply in relation to an offence mentioned in subsection (1) as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalties provided for by subsection (1) of this section and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in subsection (3) of that section shall be construed accordingly.<\/p>\n<p>(3) F22[\u2026]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 16, commenced as per s. 22(3).<\/p>\n<p>F22<br \/>\nRepealed (18.01.1991) by Criminal Law (Rape) (Amendment) Act 1990 (32\/1990), s. 21 and sch. ref. no. 5, commenced as per s. 22(3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nA fine of \u00a31,000 translates into a class C fine of up to \u20ac2,500 as provided (4.10.2011) by Fines Act 2010 (8.\/2010), ss. 3, 6(2) and table ref. no. 2, S.I. No. 662 of 2010.<\/p>\n<h4>Short title and commencement.<\/h4>\n<p>13. \u2014 (1) This Act may be cited as the Criminal Law (Rape) Act, 1981.<\/p>\n<p>(2) This Act shall come into operation one month after the date of its passing.<\/p>\n<p>(3) Section 3 (including that section as applied by sections 5 and 9 ) and section 4 shall not have effect in relation to a trial or preliminary examination which begins before the commencement of this Act and sections 7 and 8 shall not have effect in relation to a charge alleging a rape offence which is made before such commencement.<\/p>\n<p>(4) Section 10 and, in so far as it relates to an offence under section 10, section 12 shall not have effect in relation to an offence committed before the commencement of this Act.<\/p>\n<h2>CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 15 February 2022<\/p>\n<p>AN ACT TO AMEND THE LAW RELATING TO RAPE AND CERTAIN OTHER SEXUAL OFFENCES AND FOR THAT PURPOSE TO AMEND THE CRIMINAL LAW (RAPE) ACT, 1981, AND CERTAIN OTHER ENACTMENTS. [18th December, 1990]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1. \u2014 (1) In this Act\u2014<\/p>\n<p>\u201c aggravated sexual assault \u201d has the meaning assigned to it by section 3 ;<\/p>\n<p>\u201c rape under section 4 \u201d has the meaning assigned to it by section 4 ;<\/p>\n<p>\u201c the Principal Act \u201d means the Criminal Law (Rape) Act, 1981;<\/p>\n<p>\u201c sexual assault \u201d has the meaning assigned to it by section 2 .<\/p>\n<p>(2) (a) In this Act and in the Principal Act a reference to a section is a reference to a section of the Act in which the reference occurs unless it is indicated that reference to some other enactment is intended.<\/p>\n<p>(b) In this Act and in the Principal Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<p>(c) In this Act and in the Principal Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.<\/p>\n<h4>Sexual assault.<\/h4>\n<p>2. \u2014 (1) The offence of indecent assault upon any male person and the offence of indecent assault upon any female person shall be known as sexual assault.<\/p>\n<p>F1[(2) (a) A person guilty of sexual assault shall be liable on conviction on indictment<\/p>\n<p>(i) in case the person on whom the assault was committed was a child, to imprisonment for a term not exceeding 14 years, and<\/p>\n<p>(ii) in any other case, to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(b) In this subsection child means a person under 17 years of age.]<\/p>\n<p>(3) Sexual assault shall be a felony.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (27.09.2001) by Sex Offenders Act 2001 (18\/2001), s. 37(1), S.I. No. 426 of 2001, applying only to sexual assaults committed after commencement as per subs. (2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of section extended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 2 and sch. 2 part 1 para. 5, commenced on enactment.<\/p>\n<p>Offences against United Nations workers.<\/p>\n<p>2.\u2014Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.<\/p>\n<p>&#8230;<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 2.<\/p>\n<p>PART I<\/p>\n<p>&#8230;<\/p>\n<h4>Sexual offences<\/h4>\n<p>5. Any offence under the following provisions of the Criminal Law (Rape) (Amendment) Act, 1990 \u2014<\/p>\n<p>(a) section 2 (sexual assault);<\/p>\n<p>(b) section 3 (aggravated sexual assault);<\/p>\n<p>(c) section 4 (rape under section 4).<\/p>\n<p>&#8230;<\/p>\n<p>C2<br \/>\nApplication of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38\/1996), s. 2 and sch. items 4-6, commenced on enactment.<\/p>\n<p>Sexual offences committed outside State.<\/p>\n<p>2.\u2014(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (\u201cthe place\u201d), against or involving a child which\u2014<\/p>\n<p>(a) constitutes an offence under the law of the place, and<\/p>\n<p>(b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act,<\/p>\n<p>he or she shall be guilty of the second-mentioned offence.<\/p>\n<p>(2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence.<\/p>\n<p>(3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Section 2<\/p>\n<p>&#8230;<\/p>\n<p>4. Section 2 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>5. Section 3 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>6. Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>&#8230;<\/p>\n<h4>Aggravated sexual assault.<\/h4>\n<p>3. \u2014 (1) In this Act \u201c aggravated sexual assault \u201d means a sexual assault that involves serious violence or the threat of serious violence or is such as to cause injury, humiliation or degradation of a grave nature to the person assaulted.<\/p>\n<p>(2) A person guilty of aggravated sexual assault shall be liable on conviction on indictment to imprisonment for life.<\/p>\n<p>(3) Aggravated sexual assault shall be a felony.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nApplication of section extended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 2 and sch. 2 part 1 para. 5, commenced on enactment.<\/p>\n<p>Offences against United Nations workers.<\/p>\n<p>2.\u2014Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.<\/p>\n<p>&#8230;<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 2.<\/p>\n<p>PART I<\/p>\n<p>&#8230;<\/p>\n<p>Sexual offences<\/p>\n<p>5. Any offence under the following provisions of the Criminal Law (Rape) (Amendment) Act, 1990 \u2014<\/p>\n<p>(a) section 2 (sexual assault);<\/p>\n<p>(b) section 3 (aggravated sexual assault);<\/p>\n<p>(c) section 4 (rape under section 4).<\/p>\n<p>&#8230;<\/p>\n<p>C4<br \/>\nApplication of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38\/1996), s. 2 and sch. items 4-6, commenced on enactment.<\/p>\n<p>Sexual offences committed outside State.<\/p>\n<p>2.\u2014(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (\u201cthe place\u201d), against or involving a child which\u2014<\/p>\n<p>(a) constitutes an offence under the law of the place, and<\/p>\n<p>(b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act,<\/p>\n<p>he or she shall be guilty of the second-mentioned offence.<\/p>\n<p>(2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence.<\/p>\n<p>(3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Section 2<\/p>\n<p>&#8230;<\/p>\n<p>4. Section 2 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>5. Section 3 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>6. Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>&#8230;<\/p>\n<h4>Rape under section 4 .<\/h4>\n<p>4. \u2014 (1) In this Act \u201crape under section 4 \u201d means a sexual assault that includes\u2014<\/p>\n<p>(a) penetration (however slight) of the anus or mouth by the penis, or<\/p>\n<p>(b) penetration (however slight) of the vagina by any object held or manipulated by another person.<\/p>\n<p>(2) A person guilty of rape under section 4 shall be liable on conviction on indictment to imprisonment for life.<\/p>\n<p>(3) Rape under section 4 shall be a felony.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nApplication of section extended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 2 and sch. 2 part 1 para. 5, commenced on enactment.<\/p>\n<p>Offences against United Nations workers.<\/p>\n<p>2.\u2014Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.<\/p>\n<p>&#8230;<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 2.<\/p>\n<p>PART I<\/p>\n<p>&#8230;<\/p>\n<p>Sexual offences<\/p>\n<p>5. Any offence under the following provisions of the Criminal Law (Rape) (Amendment) Act, 1990 \u2014<\/p>\n<p>(a) section 2 (sexual assault);<\/p>\n<p>(b) section 3 (aggravated sexual assault);<\/p>\n<p>(c) section 4 (rape under section 4).<\/p>\n<p>&#8230;<\/p>\n<p>C6<br \/>\nApplication of section extended (19.12.1996) by Sexual Offences (Jurisdiction) Act 1996 (38\/1996), s. 2 and sch. items 4-6, commenced on enactment.<\/p>\n<p>Sexual offences committed outside State.<\/p>\n<p>2.\u2014(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (\u201cthe place\u201d), against or involving a child which\u2014<\/p>\n<p>(a) constitutes an offence under the law of the place, and<\/p>\n<p>(b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act,<\/p>\n<p>he or she shall be guilty of the second-mentioned offence.<\/p>\n<p>(2) Where a person, being a citizen of the State or being ordinarily resident in the State, attempts to commit an offence which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not greater than the penalty to which he or she would have been liable if he or she had been convicted of the principal offence.<\/p>\n<p>(3) Where a person aids, abets, counsels or procures, in the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(4) Where a person, being a citizen of the State or being ordinarily resident in the State, aids, abets, counsels or procures, outside the State, the commission of an offence, which is an offence by virtue of subsection (1) of this section, he or she shall be guilty of that offence.<\/p>\n<p>(5) Where a person conspires with, or incites, inside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(6) Where a person, being a citizen of the State or being ordinarily resident in the State, conspires with, or incites, outside the State, another person to commit an offence, which is an offence by virtue of subsection (1) of this section (\u201cthe principal offence\u201d), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a penalty not exceeding the penalty to which he or she would be liable if he or she were convicted of the principal offence.<\/p>\n<p>(7) For the purposes of proceedings for an offence to which this section relates, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the said offence.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Section 2<\/p>\n<p>&#8230;<\/p>\n<p>4. Section 2 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>5. Section 3 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>6. Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>&#8230;<\/p>\n<h4>Abolition of marital exemption in relation to rape.<\/h4>\n<p>5. \u2014 (1) Any rule of law by virtue of which a husband cannot be guilty of the rape of his wife is hereby abolished.<\/p>\n<p>(2) Criminal proceedings against a man in respect of the rape by him of his wife shall not be instituted except by or with the consent of the Director of Public Prosecutions.<\/p>\n<h4>Capacity to commit offences of a sexual nature.<\/h4>\n<p>6. \u2014 Any rule of law by virtue of which a male person is treated by reason of his age as being physically incapable of committing an offence of a sexual nature is hereby abolished.<\/p>\n<h4>Corroboration of evidence in proceedings in relation to offences of a sexual nature.<\/h4>\n<p>7. \u2014 (1) Subject to any enactment relating to the corroboration of evidence in criminal proceedings, where at the trial on indictment of a person charged with an offence of a sexual nature evidence is given by the person in relation to whom the offence is alleged to have been committed and, by reason only of the nature of the charge, there would, but for this section, be a requirement that the jury be given a warning about the danger of convicting the person on the uncorroborated evidence of that other person, it shall be for the judge to decide in his discretion, having regard to all the evidence given, whether the jury should be given the warning; and accordingly any rule of law or practice by virtue of which there is such a requirement as aforesaid is hereby abolished.<\/p>\n<p>(2) If a judge decides, in his discretion, to give such a warning as aforesaid, it shall not be necessary to use any particular form of words to do so.<\/p>\n<h4>Alternative verdicts.<\/h4>\n<p>8. \u2014 (1) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.<\/p>\n<p>(2) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for an offence under F2[ section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006], or under section 3 of the Criminal Law Amendment Act, 1885, be found guilty of an offence under F1[the said section 3 or section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006] as may be appropriate.<\/p>\n<p>(3) A person indicted for rape under section 4 may, if the evidence does not warrant a conviction for rape under section 4 but warrants a conviction for aggravated sexual assault or for sexual assault, be found guilty of aggravated sexual assault or of sexual assault, as may be appropriate.<\/p>\n<p>(4) A person indicted for aggravated sexual assault may, if the evidence does not warrant a conviction for aggravated sexual assault but warrants a conviction for sexual assault, be found guilty of sexual assault.<\/p>\n<p>(5) A person indicted for an offence made felony by F2[section 2 of the Criminal Law (Sexual Offences) Act 2006], may, if the evidence does not warrant a conviction for the felony or an attempt to commit the felony but warrants a conviction for an offence under F2[section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006], or section 3 of the Criminal Law Amendment Act, 1885, or rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of an offence under F2[the said section 3 or section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006] or of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nSubstituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2\/2017), s. 19(a)(i), (ii), (b)(i), (ii), S.I. No. 112 of 2017, art. 2.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPrevious affecting provision: subss. (2), (5) amended (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15\/2006), s. 7(1), commenced on enactment; substituted as per F-note above.<\/p>\n<h4>Consent<\/h4>\n<p>F3[9.\u2014(1) A person consents to a sexual act if he or she freely and voluntarily agrees to engage in that act.<\/p>\n<p>(2) A person does not consent to a sexual act if\u2014<\/p>\n<p>(a) he or she permits the act to take place or submits to it because of the application of force to him or her or to some other person, or because of the threat of the application of force to him or her or to some other person, or because of a well-founded fear that force may be applied to him or her or to some other person,<\/p>\n<p>(b) he or she is asleep or unconscious,<\/p>\n<p>(c) he or she is incapable of consenting because of the effect of alcohol or some other drug,<\/p>\n<p>(d) he or she is suffering from a physical disability which prevents him or her from communicating whether he or she agrees to the act,<\/p>\n<p>(e) he or she is mistaken as to the nature and purpose of the act,<\/p>\n<p>(f) he or she is mistaken as to the identity of any other person involved in the act,<\/p>\n<p>(g) he or she is being unlawfully detained at the time at which the act takes place,<\/p>\n<p>(h) the only expression or indication of consent or agreement to the act comes from somebody other than the person himself or herself.<\/p>\n<p>(3) This section does not limit the circumstances in which it may be established that a person did not consent to a sexual act.<\/p>\n<p>(4) Consent to a sexual act may be withdrawn at any time before the act begins, or in the case of a continuing act, while the act is taking place.<\/p>\n<p>(5) Any failure or omission on the part of a person to offer resistance to an act does not of itself constitute consent to that act.<\/p>\n<p>(6) In this section &#8220;sexual act&#8221; means<\/p>\n<p>(a) an act consisting of\u2014<\/p>\n<p>(i) sexual intercourse, or<\/p>\n<p>(ii) buggery,<\/p>\n<p>(b) an act described in section 3(1) or 4(1) of this Act, or<\/p>\n<p>(c) an act which if done without consent would constitute a sexual assault;<\/p>\n<p>&#8220;sexual intercourse&#8221; shall be construed in accordance with section 1(2) of the Principal Act.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nSubstituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2\/2017), s. 48, S.I. No. 112 of 2017, art. 2.<\/p>\n<h4>Trial of persons for certain offences by Central Criminal Court.<\/h4>\n<p>10. \u2014 A person indicted for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences shall be tried by the Central Criminal Court.<\/p>\n<h4>Exclusion of the public from hearings.<\/h4>\n<p>11. \u2014 The following section shall be substituted for section 6 of the Principal Act:<\/p>\n<p>\u201c6.\u2014 (1) Subject to subsections (2), (3) and (4), in any proceedings for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences, the judge, the justice or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge, the justice or the court, as the case may be, may in his or its discretion permit to remain.<\/p>\n<p>(2) Subject to subsection (3), during the hearing of an application under section 3 (including that section as applied by section 5) or under section 4 (2), the judge, the justice or the court, as the case may be, shall exclude from the court all persons except officers of the court and persons directly concerned in the proceedings.<\/p>\n<p>(3) Subsections (1) and (2) are without prejudice to the right of a parent, relative or friend of the complainant or, where the accused is not of full age, of the accused to remain in court.<\/p>\n<p>(4) In any proceedings to which subsection (1) applies the verdict or decision and the sentence (if any) shall be announced in public.\u201d.<\/p>\n<h4>Amendment of section 1 of Principal Act.<\/h4>\n<p>12. \u2014 Section 1 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) In this Act\u2014<\/p>\n<p>\u2018aggravated sexual assault\u2019, \u2018rape under section 4 \u2019 and \u2018sexual assault\u2019 have the meanings respectively assigned to them by the Criminal Law (Rape) (Amendment) Act, 1990;<\/p>\n<p>\u2018 complainant \u2019 means a person in relation to whom a sexual assault offence is alleged to have been committed;<\/p>\n<p>\u2018 a rape offence \u2019 means any of the following, namely, rape, attempted rape, burglary with intent to commit rape, aiding, abetting, counselling and procuring rape, attempted rape or burglary with intent to commit rape, and incitement to rape and, other than in sections 2 (2) and 8 of this Act, rape under section 4 , attempted rape under section 4 , aiding, abetting, counselling and procuring rape under section 4 or attempted rape under section 4 and incitement to rape under section 4 ;<\/p>\n<p>\u2018 a sexual assault offence \u2019 means a rape offence and any of the following, namely, aggravated sexual assault, attempted aggravated sexual assault, sexual assault, attempted sexual assault, aiding, abetting, counselling and procuring aggravated sexual assault, attempted aggravated sexual assault, sexual assault or attempted sexual assault, incitement to aggravated sexual assault or sexual assault and conspiracy to commit any of the foregoing offences.\u201d.<\/p>\n<h4>Amendment of section 3 of Principal Act.<\/h4>\n<p>13. \u2014 Section 3 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) If at a trial any person is for the time being charged with a sexual assault offence to which he pleads not guilty, then, except with the leave of the judge, no evidence shall be adduced and no question shall be asked in cross-examination at the trial, by or on behalf of any accused person at the trial, about any sexual experience (other than that to which the charge relates) of a complainant with any person; and in relation to a sexual assault tried summarily pursuant to section 12\u2014<\/p>\n<p>(a) subsection (2) (a) shall have effect as if the words \u2018in the absence of the jury\u2019 were omitted,<\/p>\n<p>(b) subsection (2) (b) shall have effect as if for the references to the jury there were substituted references to the court, and<\/p>\n<p>(c) this section (other than this paragraph) and subsections (3) and (4) of section 7 shall have effect as if for the references to the judge there were substituted references to the court.\u201d.<\/p>\n<h4>Amendment of section 8 of Principal Act.<\/h4>\n<p>14. \u2014 Section 8 of the Principal Act is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) If a person charged with a rape offence applies in that behalf to a judge of the High Court before the commencement of the trial or to the judge at the trial, the judge shall direct that subsection (1) shall not apply to the person in relation to the charge:<\/p>\n<p>Provided that, if it appears to the judge that, if the direction were given, the publication of any matter in pursuance of the direction might enable members of the public to identify a person as the complainant in relation to the charge, the judge shall not give the direction unless he is satisfied that a direction could properly be given in relation to that person in pursuance of section 7.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (7):<\/p>\n<p>\u201c(8) If, at any time after a person is charged with a rape offence, the Director of Public Prosecutions applies in that behalf to a judge of the High Court, the judge, if he is satisfied that it is in the public interest to do so, shall direct that subsection (1) shall not apply to such matter relating to the person charged with the offence as is specified in the direction.\u201d.<\/p>\n<h4>Amendment of section 9 of Principal Act.<\/h4>\n<p>15. \u2014 Section 9 (2) of the Principal Act is hereby amended by the insertion after paragraph (a) of the following paragraph:<\/p>\n<p>\u201c(aa) in section 8 (8) for the reference to the Director of Public Prosecutions there shall be substituted a reference to the convening authority and for the references to a judge of the High Court there shall be substituted references to a superior authority; and, for the purposes of this paragraph, each of the following shall be a superior authority:<\/p>\n<p>(i) the Minister for Defence,<\/p>\n<p>(ii) the Adjutant-General of the Defence Forces,<\/p>\n<p>(iii) any general officer or flag officer (within the meaning, in each case, of the Defence Act, 1954) appointed by the Minister for Defence for the purpose, and\u201d.<\/p>\n<h4>Amendment of section 12 of Principal Act.<\/h4>\n<p>16. \u2014 Section 12 (1) of the Principal Act is hereby amended by\u2014<\/p>\n<p>(a) the substitution of \u201ca sexual assault or an offence to which section 11 relates\u201d for \u201can offence to which section 10 or 11 relates\u201d, and<\/p>\n<p>(b) the substitution of \u201c \u00a31,000\u201d for \u201c \u00a3500\u201d.<\/p>\n<h4>Miscellaneous amendments of Principal Act.<\/h4>\n<p>17. \u2014 (1) Sections 4 (1), 5 and 9 (1) of the Principal Act are hereby amended by the substitution of \u201csexual assault offence\u201d for \u201crape offence\u201d.<\/p>\n<p>(2) Section 7 of the Principal Act is hereby amended by\u2014<\/p>\n<p>(a) the substitution of \u201cperson\u201d for \u201cwoman\u201d in subsection (1), and<\/p>\n<p>(b) the substitution of \u201cthe outcome of\u201d for \u201can acquittal of the accused person at\u201d in subsection (4), and<\/p>\n<p>(c) the substitution of \u201csexual assault offence\u201d for \u201crape offence\u201d in subsections (1), (2), (3), (4), (5), (8) (a) and (10).<\/p>\n<p>Amendment of section 18 of Criminal Law Amendment Act, 1935.<\/p>\n<p>18. \u2014 Section 18 of the Criminal Law Amendment Act, 1935, is hereby amended by the substitution of \u201c \u00a3500\u201d for \u201ctwo pounds\u201d and \u201c6 months or to both\u201d for \u201cone month\u201d.<\/p>\n<h4>Amendment of Defence Act, 1954.<\/h4>\n<p>19. \u2014 The Defence Act, 1954, is hereby amended by\u2014<\/p>\n<p>(a) the insertion in F4[section 169 (3) (b)], after \u201crape\u201d, of \u201c, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990)\u201d, and<\/p>\n<p>(b) the substitution in section 192 (3) of \u201c, rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990)\u201d for \u201cor rape\u201d.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 13 and sch. 1 para. 9, commenced as per s. 1.<\/p>\n<h4>Amendment of Criminal Procedure Act, 1967.<\/h4>\n<p>20. \u2014 (a) Paragraph (a) of subsection (2) of section 13 of the Criminal Procedure Act, 1967, shall not apply in relation to rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act, 1990).<\/p>\n<p>(b) Notwithstanding paragraph (a), the offences referred to therein shall be deemed, for the purposes of paragraph (b) of the said subsection (2), to be offences to which the said section 13 applies.<\/p>\n<h4>Repeals.<\/h4>\n<p>21. \u2014 The enactments specified in column (3) of the Schedule to this Act are hereby repealed to the extent specified in column (4) of that Schedule.<\/p>\n<p>Short title, collective citation, construction, commencement and transitional provision.<\/p>\n<p>22. \u2014 (1) This Act may be cited as the Criminal Law (Rape) (Amendment) Act, 1990.<\/p>\n<p>(2) The Criminal Law (Rape) Act, 1981, and this Act may be cited together as the Criminal Law (Rape) Acts, 1981 and 1990, and shall be construed together as one.<\/p>\n<p>(3) This Act shall come into operation one month after the date of its passing.<\/p>\n<p>(4) (a) Sections 2, 3, 4, 5, 6, 8, 12, 16, 19 and 21 (insofar as it relates to reference numbers 3 and 4 in the Schedule to this Act) shall not have effect in relation to an offence committed before the commencement of this Act.<\/p>\n<p>(b) Sections 7, 11, 13, 15 and 17 (1) shall not have effect in relation to a trial or preliminary examination that begins before such commencement.<\/p>\n<p>(c) (i) Subject to subparagraph (ii), section 10 shall not have effect in relation to a case in which, before such commencement, a person has been sent forward for trial to the Circuit Court.<\/p>\n<p>(ii) In a case to which subparagraph (i) applies, an application by a person charged or the Director of Public Prosecutions, made before the commencement of the trial concerned, to a judge of the Circuit Court sitting in the circuit where it is to take place for its transfer to the Central Criminal Court shall be granted.<\/p>\n<p>(d) Section 20 shall not have effect in relation to a charge that is made before such commencement.<\/p>\n<p>SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 21 .<\/p>\n<p>Reference Number<\/p>\n<p>Session and Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>(4)<\/p>\n<p>1<\/p>\n<p>24 &amp; 25 Vic., c. 100<\/p>\n<p>Offences against the Person Act, 1861<\/p>\n<p>In section 62, the words \u201c, or of any indecent assault upon any male person\u201d.<\/p>\n<p>2<\/p>\n<p>48 &amp; 49 Vic., c. 69<\/p>\n<p>Criminal Law Amendment Act, 1885<\/p>\n<p>Section 9.<\/p>\n<p>3<\/p>\n<p>1935, No. 6<\/p>\n<p>Criminal Law Amendment Act, 1935<\/p>\n<p>Section 3.<\/p>\n<p>4<\/p>\n<p>1951, No. 2<\/p>\n<p>Criminal Justice Act, 1951<\/p>\n<p>In the First Schedule, the matter at reference number 6.<\/p>\n<p>5<\/p>\n<p>1981, No. 10<\/p>\n<p>Criminal Law (Rape) Act, 1981<\/p>\n<p>In section 1 (3), the words \u201cbut this does not affect any rule of law by virtue of which a male person is treated by reason of his age as being incapable of committing an offence of any particular kind\u201d;<\/p>\n<p>In section 2 (1) (a), the word \u201cunlawful\u201d;<\/p>\n<p>In section 8 (3), the words \u201cor the Circuit Court\u201d;<\/p>\n<p>Section 10;<\/p>\n<p>Section 12 (3).<\/p>\n<h2>CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 3 May 2023<\/p>\n<p>An Act to give effect to Directive No. 2011\/93\/EU of the European Parliament and of the Council of 13 December 20111 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004\/68\/JHA, for that purpose to amend certain enactments; to amend the Punishment of Incest Act 1908; to amend the Criminal Evidence Act 1992; to repeal certain provisions of the Criminal Law (Sexual Offences) Act 1993; to repeal the Criminal Law (Incest Proceedings) Act 1995; to amend the Criminal Law (Sexual Offences) Act 2006; to provide for offences relating to sexual acts with protected persons and relating to payment for sexual activity with prostitutes, offensive conduct of a sexual nature and harassment of victims of sexual offences; and to provide for related matters.<\/p>\n<p>[22nd February, 2017]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement<\/p>\n<p>1. (1) This Act may be cited as the Criminal Law (Sexual Offences) Act 2017.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders whether generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (Part 5) (Commencement) Order 2019 (S.I. No. 434 of 2019). Part 5 contains ss. 28-32.<\/p>\n<p>2. The 2nd day of September 2019 is appointed as the day on which Part 5 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.<\/p>\n<p>E2<br \/>\nPower pursuant to subs. (2) exercised (30.05.2018) by Criminal Law (Sexual Offences) Act 2017 (Commencement) (No. 2) Order 2018 (S.I. No. 172 of 2018).<\/p>\n<p>2. The 30th day of May 2018 is appointed as the day on which the following provisions of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation:<\/p>\n<p>(a) section 33;<\/p>\n<p>(b) section 34;<\/p>\n<p>(c) section 35;<\/p>\n<p>(d) section 36 insofar as it inserts section 14C in the Criminal Evidence Act 1992 (no. 12 of 1992);<\/p>\n<p>(e) section 37;<\/p>\n<p>(f) section 39;<\/p>\n<p>(g) section 40.<\/p>\n<p>E3<br \/>\nPower pursuant to subs. (2) exercised (26.02.2018) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2018 (S.I. No. 45 of 2018).<\/p>\n<p>2. The 26th day of February 2018 is appointed as the day on which sections 46, 47, and 51(b) of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.<\/p>\n<p>E4<br \/>\nPower pursuant to subs. (2) exercised (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (Commencement) Order 2017 (S.I. No. 112 of 2017).<\/p>\n<p>2. The 27th day of March 2017 is appointed as the day on which Parts 1, 2, 3, 4, 7 and 8 (other than sections 46, 47, 51(b) and 52) of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) shall come into operation.<\/p>\n<h4>Interpretation<\/h4>\n<p>2. In this Act\u2014<\/p>\n<p>\u201cAct of 1908\u201d means the Punishment of Incest Act 1908;<\/p>\n<p>\u201cAct of 1981\u201d means the Criminal Law (Rape) Act 1981;<\/p>\n<p>\u201cAct of 1990\u201d means the Criminal Law (Rape) (Amendment) Act 1990;<\/p>\n<p>\u201cAct of 1992\u201d means the Criminal Evidence Act 1992;<\/p>\n<p>\u201cAct of 1993\u201d means the Criminal Law (Sexual Offences) Act 1993;<\/p>\n<p>\u201cAct of 1995\u201d means the Criminal Law (Incest Proceedings) Act 1995;<\/p>\n<p>\u201cAct of 1998\u201d means the Child Trafficking and Pornography Act 1998;<\/p>\n<p>\u201cAct of 2001\u201d means the Sex Offenders Act 2001;<\/p>\n<p>\u201cAct of 2006\u201d means the Criminal Law (Sexual Offences) Act 2006;<\/p>\n<p>\u201cAct of 2008\u201d means the Criminal Law (Human Trafficking) Act 2008;<\/p>\n<p>\u201cimage\u201d means any photographic, film or video representation or any other form of visual representation, and any accompanying sound or any documents;<\/p>\n<p>\u201csexual activity\u201d means any activity where a reasonable person would consider that\u2014<\/p>\n<p>(a) whatever its circumstances or the purpose of any person in relation to it, the activity is because of its nature sexual, or<\/p>\n<p>(b) because of its nature the activity may be sexual and because of its circumstances or the purposes of any person in relation to it (or both) the activity is sexual;<\/p>\n<p>\u201csexual exploitation\u201d means, in relation to a child\u2014<\/p>\n<p>(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/p>\n<p>(b) the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(c) the commission of an offence specified in the Schedule to the Act of 2001 against the child, causing another person to commit such an offence against the child, or inviting, inducing or coercing the child to commit such an offence against another person,<\/p>\n<p>(d) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,<\/p>\n<p>(e) inviting the child to engage or participate in any sexual, indecent or obscene act which, if done, would involve the commission of an offence against the child, or<\/p>\n<p>(f) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child.<\/p>\n<p>PART 2<\/p>\n<h4>Sexual Exploitation of Children<\/h4>\n<p>Obtaining, providing etc. a child for purpose of sexual exploitation<\/p>\n<p>3. (1) A person who for the purposes of the sexual exploitation of a child\u2014<\/p>\n<p>(a) pays, gives, offers or promises to pay or give a child or another person money or any other form of remuneration or consideration,<\/p>\n<p>(b) provides or offers or offers or promises to provide, a child to another person, or<\/p>\n<p>(c) obtains a child for himself or herself or for another person,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person (other than the child) who accepts or agrees to accept money or any other form of remuneration or consideration in the circumstances referred to in subsection (1)(a) or accepts or agrees to accept a child in the circumstances referred to in subsection (1)(b) or (1)(c) shall be guilty of an offence.<\/p>\n<p>(3) A person who causes an offence under subsection (1) or (2) to be committed shall be guilty of an offence.<\/p>\n<p>(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.<\/p>\n<p>(6) In this section \u201cchild\u201d means a person under the age of 18 years.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Invitation etc. to sexual touching<\/h4>\n<p>4. (1) A person who, for sexual purposes, invites, induces, counsels or incites a child to touch, with a part of the body or with an object, the body of any person, including the body of the person who so invites, induces, counsels or incites and the body of the child, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 15 years.<\/p>\n<h4>Sexual activity in presence of child<\/h4>\n<p>5. (1) A person who, for the purpose of obtaining sexual gratification from the presence of a child or corrupting or depraving a child, intentionally engages in sexual activity whether or not with another person\u2014<\/p>\n<p>(a) when the child is present or in a place from which the person can be observed by the child, and<\/p>\n<p>(b) knowing or believing that the child is aware, or intending that the child should be aware, that the person is engaging in sexual activity,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Causing child to watch sexual activity<\/h4>\n<p>6. (1) A person who, for the purpose of obtaining sexual gratification or corrupting or depraving a child, intentionally causes a child\u2014<\/p>\n<p>(a) to watch another person engaging in sexual activity, or<\/p>\n<p>(b) to look at an image of that person or another person engaging in sexual activity,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(2) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Meeting child for purpose of sexual exploitation<\/h4>\n<p>7. (1) A person who\u2014<\/p>\n<p>(a) intentionally meets, or travels with the intention of meeting a child or makes arrangements with the intention of meeting a child or for a child to travel, whether or not from within the State, having communicated by any means with that child on at least one previous occasion, and<\/p>\n<p>(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(3) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<h4>Use of information and communication technology to facilitate sexual exploitation of child<\/h4>\n<p>8. (1) A person who by means of information and communication technology communicates with another person (including a child) for the purpose of facilitating the sexual exploitation of a child by that person or any other person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(2) A person who by means of information and communication technology sends sexually explicit material to a child shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(3) No proceedings for an offence under this section against a child under the age of 17 years shall be brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<p>(4) In this section \u201csexually explicit material\u201d means any indecent or obscene images or words.<\/p>\n<p>(5) In this section \u201cchild\u201d means a person under the age of 17 years.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<h4>Amendment of section 2 of Act of 1998<\/h4>\n<p>9. Section 2(1) of the Act of 1998 is amended\u2014<\/p>\n<p>(a) by the substitution of the following definition for the definition of \u201cchild\u201d:<\/p>\n<p>\u201c \u2018child\u2019 means a person under the age of 18 years;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the substitution of the following paragraph for paragraph (a) of the definition of \u201cchild pornography\u201d:<\/p>\n<p>\u201c(a) any visual representation\u2014<\/p>\n<p>(i) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in real or simulated sexually explicit activity,<\/p>\n<p>(ii) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or<\/p>\n<p>(iii) that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child,\u201d.<\/p>\n<h4>Amendment of section 3 of Act of 1998<\/h4>\n<p>10. Section 3 of the Act of 1998 is amended\u2014<\/p>\n<p>(a) by the repeal of subsections (2A) and (2B), and<\/p>\n<p>(b) in subsection (5), by the substitution of the following definition for the definition of \u201csexual exploitation\u201d:<\/p>\n<p>\u201c \u2018sexual exploitation\u2019 means, in relation to a child\u2014<\/p>\n<p>(a) inviting, inducing or coercing the child to engage in prostitution or the production of child pornography,<\/p>\n<p>(b) the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(c) the commission of an offence specified in the Schedule to the Sex Offenders Act 2001 against the child, causing another person to commit such an offence against the child, or inviting, inducing or coercing the child to commit such an offence against another person,<\/p>\n<p>(d) inducing or coercing the child to engage or participate in any sexual, indecent or obscene act,<\/p>\n<p>(e) inviting the child to engage or participate in any sexual, indecent or obscene act which, if done, would involve the commission of an offence against the child, or<\/p>\n<p>(f) inviting, inducing or coercing the child to observe any sexual, indecent or obscene act, for the purpose of corrupting or depraving the child,<\/p>\n<p>and \u2018sexually exploits\u2019 shall be construed accordingly;\u201d.<\/p>\n<h4>Organising etc. child prostitution or production of child pornography<\/h4>\n<p>11. The Act of 1998 is amended by the insertion of the following section after section 4:<\/p>\n<p>\u201c4A. (1) A person who\u2014<\/p>\n<p>(a) controls or directs the activities of a child for the purposes of the prostitution of the child or the use of the child for the production of child pornography,<\/p>\n<p>(b) organises the prostitution of children or the production of child pornography by controlling or directing the activities of more than one child for those purposes,<\/p>\n<p>(c) compels, coerces or recruits a child to engage or participate in child prostitution or the production of child pornography,<\/p>\n<p>(d) knowingly gains from the prostitution of a child or the production of child pornography, or<\/p>\n<p>(e) incites or causes a child to become involved in child prostitution or production of child pornography,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or both.\u201d.<\/p>\n<h4>Producing, distributing, etc. child pornography<\/h4>\n<p>12. The Act of 1998 is amended by the substitution of the following section for section 5:<\/p>\n<p>\u201c5. (1) Subject to subsections (3) and (4) of section 6, a person who\u2014<\/p>\n<p>(a) knowingly produces any child pornography,<\/p>\n<p>(b) knowingly distributes, transmits, disseminates, prints or publishes any child pornography,<\/p>\n<p>(c) knowingly imports, exports, sells or shows any child pornography,<\/p>\n<p>(d) knowingly supplies or makes available any child pornography to another person,<\/p>\n<p>(e) knowingly publishes, distributes, transmits or disseminates any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, transmits, disseminates, prints, publishes, imports, exports, sells, shows, supplies or makes available any child pornography,<\/p>\n<p>(f) encourages, knowingly causes or facilitates any activity mentioned in paragraphs (a) to (e), or<\/p>\n<p>(g) knowingly possesses any child pornography for the purpose of distributing, transmitting, disseminating, publishing, exporting, selling or showing it,<\/p>\n<p>shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(3) In this section \u2018distributes\u2019, \u2018transmits\u2019 or \u2018disseminates\u2019, in relation to child pornography, includes parting with possession of it to, or exposing or offering it for acquisition by, another person, and the references to \u2018distributing\u2019, \u2018transmitting\u2019 and \u2018disseminating\u2019 in that context shall be construed accordingly.\u201d.<\/p>\n<h4>Participation of child in pornographic performance<\/h4>\n<p>13. The Act of 1998 is amended by the insertion of the following section after section 5:<\/p>\n<p>\u201c5A. (1) A person who\u2014<\/p>\n<p>(a) causes, incites, compels or coerces, or<\/p>\n<p>(b) recruits, invites or induces,<\/p>\n<p>a child to participate in a pornographic performance, or gains from such participation, shall be guilty of an offence.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.<\/p>\n<p>(3) A person guilty of an offence under subsection (1) or (2) shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(4) A person who knowingly attends a pornographic performance shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under subsection (4) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u2018attends a pornographic performance\u2019 includes viewing the performance by means of information and communication technology,<\/p>\n<p>\u2018pornographic performance\u2019 means a live exhibition aimed at an audience, including by means of information and communication technology, of\u2014<\/p>\n<p>(a) a child engaged in real or simulated sexually explicit activity, or<\/p>\n<p>(b) the sexual organs of a child for primarily sexual purposes.\u201d.<\/p>\n<h4>Possession of child pornography<\/h4>\n<p>14. The Act of 1998 is amended by the substitution of the following for section 6:<\/p>\n<p>\u201c6. (1) Without prejudice to section 5(1)(g) and subject to subsections (3) and (4), any person who\u2014<\/p>\n<p>(a) knowingly acquires or possesses child pornography, or<\/p>\n<p>(b) knowingly obtains access to child pornography by means of information and communication technology,<\/p>\n<p>shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(2) Any person who attempts to commit an offence under subsection (1) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(3) Subsections (1) and (2) of section 5 and subsections (1) and (2) shall not apply to a person who possesses or obtains access to child pornography\u2014<\/p>\n<p>(a) in the exercise of functions under the Censorship of Films Acts 1923 to 1992, the Censorship of Publications Acts 1929 to 1967, or the Video Recordings Acts 1989 and 1992, or<\/p>\n<p>(b) for the purpose of the prevention, investigation or prosecution of offences under this Act.<\/p>\n<p>(4) Without prejudice to subsection (3), it shall be a defence in a prosecution for an offence under section 5(1) or (2) or this section for the accused to prove that he or she possessed or obtained access to the child pornography concerned for the purposes of bona fide research.\u201d.<\/p>\n<h4>Amendment of section 1 of Act of 2006<\/h4>\n<p>15. Section 1 of the Act of 2006 is amended\u2014<\/p>\n<p>(a) by the substitution of the following definition for the definition of \u201cperson in authority\u201d:<\/p>\n<p>\u201c \u2018person in authority\u2019, in relation to a child against whom an offence is alleged to have been committed, means\u2014<\/p>\n<p>(a) a parent, grandparent, uncle or aunt whether of the whole blood, of the half blood or by affinity of the child,<\/p>\n<p>(b) a current or former guardian or foster parent of the child,<\/p>\n<p>(c) a current or former step-parent of the child,<\/p>\n<p>(d) a current or former partner of a parent of the child who lives or has lived in an enduring family relationship with the parent,<\/p>\n<p>(e) any person who is for the time being, or has been, in loco parentis to the child, or<\/p>\n<p>(f) any other person who is or has been responsible for the education, supervision, training, care or welfare of the child;\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following definition:<\/p>\n<p>\u201c \u2018foster parent\u2019 means a person other than a relative of a child who is caring for the child on behalf of the Child and Family Agency in accordance with regulations made under the Child Care Act 1991;\u201d.<\/p>\n<h4>Sexual act with child under 15 years of age<\/h4>\n<p>16. The Act of 2006 is amended by the substitution of the following section for section 2:<\/p>\n<p>\u201c2. (1) A person who engages in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>(2) A person who attempts to engage in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>(3) It shall be 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.<\/p>\n<p>(4) Where, in proceedings for an offence under this section, 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.<\/p>\n<p>(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 15 years shall be that applicable to civil proceedings.<\/p>\n<p>(6) It shall not be a defence to proceedings for an offence under this section 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.\u201d.<\/p>\n<h4>Sexual act with child under 17 years of age<\/h4>\n<p>17. The Act of 2006 is amended by the substitution of the following section for section 3:<\/p>\n<p>\u201c3. (1) A person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment\u2014<\/p>\n<p>(a) to imprisonment for a term not exceeding 7 years, or<\/p>\n<p>(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/p>\n<p>(2) A person who attempts to engage in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment\u2014<\/p>\n<p>(a) to imprisonment for a term not exceeding 7 years, or<\/p>\n<p>(b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years.<\/p>\n<p>(3) It shall be 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 17 years.<\/p>\n<p>(4) Where, in proceedings for an offence under this section, 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 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.<\/p>\n<p>(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 17 years shall be that applicable to civil proceedings.<\/p>\n<p>(6) Subject to subsection (8), it shall not be a defence to proceedings for an offence under this section 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.<\/p>\n<p>(7) No proceedings for an offence under this section against a child under the age of 17 years shall be brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<p>(8) Where, in proceedings for an offence under this section 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 shall be a defence that the child consented to the sexual act of which the offence consisted where the defendant\u2014<\/p>\n<p>(a) is younger or less than 2 years older than the child,<\/p>\n<p>(b) was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and<\/p>\n<p>(c) 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.\u201d.<\/p>\n<h4>Offence by person in authority<\/h4>\n<p>18. The Act of 2006 is amended by the insertion of the following section after section 3:<\/p>\n<p>\u201c3A. (1) A person in authority who engages in a sexual act with a child who has attained the age of 17 years but is under the age of 18 years shall be guilty of an offence.<\/p>\n<p>(2) A person who attempts to commit an offence under subsection (1) shall be guilty of an offence.<\/p>\n<p>(3) It shall be 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 18 years.<\/p>\n<p>(4) Where, in proceedings for an offence under this section, 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 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained that age.<\/p>\n<p>(5) The standard of proof required to prove that the defendant was reasonably mistaken that the child had attained the age of 18 years shall be that applicable to civil proceedings.<\/p>\n<p>(6) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she has reasonable grounds for believing that he or she was not a person in authority in relation to the child against whom the offence is alleged to have been committed.<\/p>\n<p>(7) It shall not be a defence to proceedings for an offence under this section 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.<\/p>\n<p>(8) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.\u201d.<\/p>\n<h4>Amendment of section 8 of Act of 1990<\/h4>\n<p>19. Section 8 of the Act of 1990 is amended\u2014<\/p>\n<p>(a) in subsection (2), by\u2014<\/p>\n<p>(i) the substitution of \u201csection 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for \u201csection 2 or 3 of the Criminal Law (Sexual Offences) Act 2006\u201d, and<\/p>\n<p>(ii) the substitution of \u201cthe said section 3 or section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for the \u201cthe said section 1, 2 or 3\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (5), by\u2014<\/p>\n<p>(i) the substitution of \u201csection 3 or 3A of the Criminal Law (Sexual Offences) Act 2006\u201d for \u201csection 3 of the Criminal Law (Sexual Offences) Act 2006\u201d, and<\/p>\n<p>(ii) the substitution of \u201cthe said section 3 or section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006,\u201d for \u201cthe said section 3 or section 3 of the Criminal Law (Sexual Offences) Act 2006,\u201d.<\/p>\n<p>PART 3<\/p>\n<h4>Sexual Act with Protected Persons<\/h4>\n<h4>Definitions<\/h4>\n<p>20. In this Part\u2014<\/p>\n<p>\u201csexual act\u201d means\u2014<\/p>\n<p>(a) an act consisting of\u2014<\/p>\n<p>(i) sexual intercourse, or<\/p>\n<p>(ii) buggery,<\/p>\n<p>(b) an act described in section 3(1) or 4(1) of the Act of 1990, or<\/p>\n<p>(c) an act which if done without consent would constitute a sexual assault;<\/p>\n<p>\u201csexual intercourse\u201d shall be construed in accordance with section 1(2) of the Act of 1981.<\/p>\n<h4>Sexual act with protected person<\/h4>\n<p>21. (1) A person who engages in a sexual act with a protected person knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence.<\/p>\n<p>(2) A person who invites, induces, counsels or incites a protected person to engage in a sexual act knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence.<\/p>\n<p>(3) In proceedings for an offence under this section, it shall be presumed, unless the contrary is shown, that the defendant knew or was reckless as to whether the person against whom the offence is alleged to have been committed was a protected person.<\/p>\n<p>(4) A person guilty of an offence under subsection (1) where the sexual act consisted of sexual intercourse, buggery or an act described in section 3(1) or 4(1) of the Act of 1990 shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>(5) A person guilty of an offence under subsection (1) where the sexual act consisted of an act which if done without consent would constitute a sexual assault shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.<\/p>\n<p>(6) A person guilty of an offence under subsection (2) shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(7) For the purposes of this section, a person lacks the capacity to consent to a sexual act if he or she is, by reason of a mental or intellectual disability or a mental illness, incapable of\u2014<\/p>\n<p>(a) understanding the nature, or the reasonably foreseeable consequences, of that act,<\/p>\n<p>(b) evaluating relevant information for the purposes of deciding whether or not to engage in that act, or<\/p>\n<p>(c) communicating his or her consent to that act by speech, sign language or otherwise,<\/p>\n<p>and, in this section, such a person is referred to as a \u201cprotected person\u201d.<\/p>\n<h4>Offence against relevant person by person in authority<\/h4>\n<p>22. (1) A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence.<\/p>\n<p>(2) A person in authority who invites, induces, counsels or incites a relevant person to engage in a sexual act shall be guilty of an offence.<\/p>\n<p>(3) It shall be 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 relevant person.<\/p>\n<p>(4) 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.<\/p>\n<p>(5) 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 shall be that applicable to civil proceedings.<\/p>\n<p>(6) A person guilty of an offence under subsection (1) where the sexual act consisted of sexual intercourse, buggery or an act described in section 3(1) or 4(1) of the Act of 1990 shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(7) A person guilty of an offence under subsection (1) where the sexual act consisted of an act which if done without consent would constitute a sexual assault, or an offence under subsection (2) shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>\u201cperson in authority\u201d, in relation to a relevant 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;<\/p>\n<p>\u201crelevant person\u201d means a person who has\u2014<\/p>\n<p>(a) a mental or intellectual disability, or<\/p>\n<p>(b) a mental illness,<\/p>\n<p>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.<\/p>\n<h4>Prosecutions<\/h4>\n<p>23. No proceedings for an offence under this Part shall be brought except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<p>Repeals<\/p>\n<p>24. Sections 5 and 6(2) of the Act of 1993 are repealed.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1189\" data-postid=\"1189\" class=\"themify_builder_content themify_builder_content-1189 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[64],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1189"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1189"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1189\/revisions"}],"predecessor-version":[{"id":33804,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1189\/revisions\/33804"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1189"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1189"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1189"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}