A person accused of rape will have to show they had an “objectively reasonable” belief that they had the consent of the victim to have a defence in law under new plans due to be approved by Cabinet on Wednesday.
The accused’s defence that the man believed the woman was consenting will instead have to be objectively reasonable. Effectively this will mean that juries will take into account the steps the accused took to check whether the woman was consenting. There will also be a new provision in the legislation that self-induced intoxication will not be a defence to a charge of rape in relation to the accused’s capacity to understand if he did have consent.
The current definition of rape is that the man knows that a woman is not consenting, or is reckless as to whether she is consenting. The new Bill will amend the fault or mental element — that is, what is in the mind of the accused — of the rape offence by adding that the accused man commits rape if, at the time of the sexual intercourse, he does not “reasonably believe” that the woman was consenting.
The Dublin Rape Crisis Centre has previously said the “honest belief” defence for persons accused of rape is “not acceptable” and puts individual rape victims and all of society at risk.
Is consent belief not just basically 'hear-say'
Long overdue. Claiming complete ignorance of what rape is should not be a defence. You can’t claim you didn’t know red lights were for stopping at.
Interesting... reversing the burden of proof, like in China
If I had any faith in the law, this might be welcome but Wikipedia will decide their sentence unfortunately
A welcome change and breath of fresh air
Grey area here. Anybody can change their mind at any given time and turn it into an accusation. 2 rugby player's spring to mind. But the other side of the coin is some might use this change to try get their own way right from the start, which is worse
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Source: IrishTimes - 🏆 3. / 98 Read more »