A bill to strengthen the law on consent, knowledge and belief in rape cases is to go before the Republic of Ireland’s cabinet.
The bill would change the current situation where a man is not guilty of rape if he believed he had consent.
Under the new proposals, the accused’s defence that he believed the woman was consenting has to be objectively reasonable.
Juries would have to consider the steps the accused took to check whether the woman was consenting, as well as the accused’s decision-making capacity at that time.
The bill would also include the provision that self-induced intoxication would not be a defence to a charge of rape in relation to an accused’s capacity to understand if he did have consent.
Under current law, the accused’s own subjectively honest but mistaken belief that the woman was consenting is a defence to rape.
The bill would also provide for anonymity for victims and the accused in all trials for sexual offences and not just in rape trials.
Anonymity for the accused would also be provided under the bill in case they are found not guilty of the offence.
If an accused person is convicted of a sexual offence, they may be identified, unless to do so would lead to identification of the victim.
The bill would see the public excluded from court for sexual offence trials and while it would not affect the media’s ability to report, the definitions of “broadcast” and “publication” would be updated to ensure that social media is covered in order to protect the victim’s identity.
If approved, the full bill would be published at the end of the year.
