The proposals would mean someone accused of rape would have to show what measures they undertook to ensure consent was given.
(Source: Wikimedia Commons)The cabinet has given its approval to new proposals to strengthen laws around consent, that would mean someone accused of rape would have to show what measures they undertook to ensure consent was given.
Groups representing victims of rape and sexual assault have welcomed the proposals.
Justice Minister Helen McEntee is due to publish details of the bill, under which the defence of being under the influence of drugs or alcohol will not be acceptable.
Executive Director of the Rape Crisis Network, Cliona Sadlier, says proposed changes are welcome:
"At the moment, the piece here is that the defendant's subjective belief that he had consent is what determines that scenario where the court says 'yes you were raped but no he's not guilty.' "
Fine Gael Senator Barry Ward, who is a practising barrister, believes the proposed new laws will stand up to scrutiny.
"It is something that will have to be done very carefully but I think the suggestion is probably proportionate, and the Supreme Court has said previously that introducing these objective standards of criminal liability are acceptable where they are proportionate to the public interest, which would seem to be the case here."
Decision-making
If passed, the changes in the law will mean a jury will need to consider the accused's decision-making capacity at the time.
The jury must also take into account mental illness, age, maturity and any disability the accused has when assessing personal capacity.
