The Law

Republic of Ireland Law on Sexual Violence

(please click here to go to Northern Ireland Law)

Common Law rape

This is defined in section 1 of the Criminal Law (Rape) Act, 1981(as amended). It says that a man commits rape if he has sexual intercourse with a woman who does not consent and, at the time, he either knows that she does not consent or is reckless as to whether or not she consents. Common law rape can only be committed by a man against a woman. However, a woman may be found guilty of common law rape as an accessory, if she has assisted a man to commit rape. The maximum penalty is life imprisonment.

Section 4 rape

This takes its name from Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. It involves penetration (however slight) of the anus or mouth by the penis (known as Section 4(a) rape), or penetration (however slight) of the vagina by an object held or manipulated by another person (known as Section 4(b) rape).

Section 4(a) rape can only be committed by a man, against either a man or a woman. Section 4(b) rape can only be committed against a woman, but by either men or women. The maximum penalty for both types of rape is life imprisonment.

Aggravated sexual assault

This is defined in sections 2 and 3 of the Criminal Law (Rape) (Amendment) Act, 1990. It is sexual assault involving serious violence or the threat of serious violence, or sexual assault that causes injury or extreme humiliation or degradation. It can be committed by both men and women against a man or a woman.The maximum penalty is life imprisonment.

Sexual assault

This is not defined in the relevant statute. It used to be known as 'indecent assault'. This offence covers a wide range of conduct, from a brief, non-accidental brush against the genitals or breasts through the clothes to a deliberate and prolonged sexual attack involving attempts at penetration. However, it does not involve additional violence or the threat of additional violence. Sexual assault can be committed by both men and women against a man or a woman.The maximum penalty is 10 years imprisonment or 14 years if the victim is under 17 years of age.

Underage sexual offences (defilement)

The age of consent for both heterosexual and homosexual sex is 17. A sexual act with anyone under 17 is illegal. (However, girls aged under 17 years will not be criminalised for engaging in sexual intercourse). The consent to sex of a girl or boy under 17 is not a defence. However, the defendant can argue that they honestly believed the child was over the age of consent. The maximum penalty for underage sexual activity is life imprisonment where the child is under 15 years of age. In the case of a child aged 15 – 17 years, the penalty is 5 years or 10 years if the perpetrator is someone ‘in a position of authority’ over the child. In the case of a second or subsequent conviction in respect of a child aged 15 – 17 years, the penalty increases to 10 years or 15 years in the case of ‘a person in authority’ over the child.

Incest

A man who has sexual intercourse with his grand-daughter, daughter, sister or mother is guilty of incest. A woman who has sexual intercourse with her grandson, son, father or brother is also guilty of incest. Consent is not relevant. The maximum penalty is life imprisonment in the case of a male perpetrator and 7 years in the case of a female perpetrator.

Northern Ireland Law on Sexual Violence

In Northern Ireland, sexual offences have been consolidated into the Sexual Offences (Northern Ireland) Order 2008, which came into force in January 2009. See www.opsi.gov.uk

Rape

Rape is defined as the intentional penetration of the vagina, anus or mouth by the penis without consent. Rape can only be committed by a man. The maximum penalty is life imprisonment.

Sexual assault

There are two offences of sexual assault:

· assault by penetration involves intentional penetration of the vagina or anus by a part of the body or by an object without the person's consent. It can be committed by men or women against a man or a woman. The maximum penalty is life imprisonment,

· assault by touching another person in a sexual and intentional way without the person's consent. It can be committed by a man or woman against a man or a woman. The maximum penalty is 6 months if it is tried in the Magistrates' Court and 10 years if it is tried in the Crown Court.

Causing a person to engage in sexual activity without consent

This is a separate offence and can be tried in either the Magistrates' Court or the Crown Court, depending on how serious it is. It can be committed by a man or a woman against a man or a woman. The maximum penalty is 6 months if it is tried in the Magistrates' Court and 10 years if it is tried in the Crown Court. However, the maximum penalty increases to life imprisonment if there is any kind of penetration.

Under-age offences

The age of consent in Northern Ireland is 16. A defendant is guilty of an offence once the act, the child's age and intention have been proved. Only if the child is 13 or over can the defendant argue that they believed the young person was 16 or over. The maximum penalty for rape or assault by penetration is life imprisonment. The maximum penalty for sexual assault or causing a child to engage in sexual activity is 14 years.

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