A person accused of rape will have to prove to a jury how they believed they had consent to have sex, under proposals going to Cabinet today.
Under the law, it will no longer be enough for a man to stand up in court and say he believed he had consent to have sex with a woman in a rape trial. The change from the current situation where a man is not guilty of rape if he honestly believed that he had the consent of a woman was a recommendation from the Law Reform Commission on foot of a request by the Attorney General to examine existing rape law.
Anonymity for victims in all trials for sexual offences will be guaranteed and extended to additional offences specifically targeting vulnerable victims, including persons with mental illness or a mental or intellectual disability. This was a recommendation of the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences conducted by an expert working group, led by Professor Tom O’Malley.
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