RCNI Press Release 25 November 2005

High Court Judge Justice Roderick Evans, ruling in the UK sets outrageous precedence

Rape Crisis Network Ireland (RCNI) are extremely concerned at a high court judge’s decision to throw out a rape case because the victim was drunk and unconscious at the time that the defendant allegedly raped her in a corridor.

Fiona Neary, RCNI executive Director said, ‘I am appalled by the judge’s decision in this case. A student who was unconscious when a fellow student had sex with her, had her case thrown out by the judge on the basis of the defence arguing that ‘drunken consent was still consent’. I cannot believe that that judge, or any judge, would accept evidence in their court room from someone who was so drunk as to be unable to stand up-right and who was at times unconscious. How on earth could he therefore rule that this person has the capacity to give consent in that condition? Having sex with someone who is legless and unconscious is rape!

The UK has a definition of consent which should protect against this sort of absurdity. The definition is:- A person consents if she/ he agrees by choice, and has the freedom and capacity to make that choice.

The RCNI are calling for the introduction of a definition of consent in Ireland, and also a national debate and discussion on what constitutes consent. We appear to be entering a public debate about the behaviour of people, young women in particular, and how that behaviour might somehow mean consent or at least that “she was asking for it”. Behaviours which we are now seeing being paraded as green lights for rape apparently include: how a woman dresses, if she has a drink, how she might look at you, how she might smile, if she has a coffee with someone, if she accepts a drink from someone, etc. Whilst each of these activities are now commonly part of socialising, not one of these activities is consent.

The law is there to protect vulnerable people. Clearly someone who is unconscious with alcohol is vulnerable – no matter how they got that way in the first place. The law should never protect those who decide to take advantage of that vulnerability.’

Notes:
• The RCNI is the national forum of Rape Crisis Centres, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.

For information contact:
Cliona Saidlear 087 2196447
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