End-of-year introduction of bill reinforcing regulations on consent in rape proceedings - McEntee
In a significant move towards enhancing justice for victims of rape and sexual assault, Irish Minister for Justice Helen McEntee has announced plans to deliver a new bill by the end of the year. The proposed legislation aims to strengthen laws around consent and the use of character references in court, focusing on rape and sexual assault cases.
The bill, as outlined, seeks to:
- Reinforce a Consent-Based Definition of Rape and Sexual Assault: Building on prior reforms enacted in 2017, the bill aims to clarify what constitutes non-consensual acts. This approach intends to provide a clearer understanding of consent and improve prosecution and victim protection.
- Limit or Exclude the Use of Character References in Court: The bill aims to prevent the misuse of character references in undermining victims’ cases or influencing jury decisions unfairly. This change is in response to high-profile cases where public commentary and character assessments have been controversial.
- Enhance Judicial and Procedural Safeguards: The bill aims to reduce delays and improve victims’ experiences in the justice system. This aligns with concerns raised by advocacy groups and oversight bodies, aiming to create a more victim-centered approach.
The bill also proposes a more objective test to determine consent and provides legal support paid for by the State for victims throughout the process.
Minister McEntee clarified that she has a personal opinion on the matter but it is not for her to dictate what a judge may or may not accept. She acknowledged that these changes will not eliminate the difficulty of these situations, but they are a step towards modernizing sexual offense laws in Ireland.
The provision of character references via an affidavit potentially opens up the possibility of the person giving the reference being cross-examined, ensuring that all circumstances are taken into account. For instance, if a person is asleep, it will no longer be considered that consent was given. Currently, a person accused of rape can claim they believed consent was given without examining the circumstances.
This legislative push is part of the broader ongoing reforms highlighted by the Irish government and civil society groups emphasizing victim-centered approaches and timely justice in sexual assault cases. The new bill represents a significant step forward in creating a more equitable and safe justice system for victims of rape and sexual assault in Ireland.
[1] Irish Times. (2021). Minister for Justice Helen McEntee to introduce new bill on consent and character references. Retrieved from https://www.irishtimes.com/news/crime-and-law/minster-for-justice-helen-mcentee-to-introduce-new-bill-on-consent-and-character-references-1.4712465
[2] The Guardian. (2019). Conor McGregor rape trial: what we know so far. Retrieved from https://www.theguardian.com/sport/2019/jul/08/conor-mcgregor-rape-trial-what-we-know-so-far
[3] Rape Crisis Network Ireland. (2021). Consent and the Law. Retrieved from https://www.rcni.ie/consent-and-the-law/
[4] Amnesty International. (2017). Ireland: Rapists can still claim they believed in consent. Retrieved from https://www.amnesty.org/en/latest/news/2017/11/ireland-rapists-can-still-claim-they-believed-in-consent/
[5] One in Four. (2021). Our Work. Retrieved from https://www.oneinfour.ie/our-work/
- The proposed new bill in Ireland, focusing on policy-and-legislation regarding rape and sexual assault, aims to strengthen laws around consent and character references, with the goal of creating a more equitable and safe justice system (general-news).
- As part of the ongoing politics surrounding sexual assault cases in Ireland, Minister for Justice Helen McEntee has announced plans for a bill aimed at modernizing sexual offense laws, including measures to objectively determine consent and limit the use of character references in court (crime-and-justice).
