‘Significant and necessary': Advocacy groups welcome proposal to change ‘honest belief' rape defence
proposed changes to consent law
that could see 'honest' belief of consent no longer being considered a legal defence in rape cases.
Rape Crisis Ireland (RCI) executive director Dr Clíona Saidléar said the change would raise the current 'low bar' of consent law in Ireland.
'This reform will be a modest change where defendants can no longer simply rely on their own understanding of an honest belief they had consent,' Dr Saidléar said.
'The change, which has been under discussion since 2016, will raise this low bar and require that that belief not only be honestly held, but also reasonable.'
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The planned reform is at an advanced stage, with backing from the
Law Reform Commission
and as a key part of the Government's plan to take action on consent laws.
Welcoming the reform, RCI said the 'paramount concern' for survivors of sexual violence is that laws and policies effectively uphold and deliver justice.
The organisation added that it would closely examine the legislation's wording when it is published, 'but expect there to be broad agreement given the amount of scrutiny the proposal has already had in recent years'.
The
National Women's Council
(NWC) said the proposal to remove the honest belief in consent as a legal defence in rape cases would be 'a crucial step towards a justice system in Ireland that centres survivors'.
Speaking of the potential impact of this reform, NWC's violence against women co-ordinator Ivanna Youtchak said it would help shift the balance toward a justice process 'that recognises consent must be freely given, voluntary, ongoing, and affirms survivors' right to be heard and believed'.
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Women's Aid
chief executive Sarah Benson said the change was 'long overdue' and 'an important step to help improve victims-survivors' confidence' in the Irish justice system.
'The removal of the present scenario where an 'unreasonable' belief in consent can be grounds for an alleged perpetrator to be found innocent of rape is an important step to help improve victims-survivors' confidence that there can be justice in these deeply traumatic legal processes,' said Ms Benson.
'Women's Aid will monitor the progress of this action in the hope that it will be taken quickly, as it is already long overdue.'
Dublin Rape Crisis Centre
(DRCC) also welcomed the proposed legislative change. In a statement shared to social media on Monday, the charity described the reform as 'significant and necessary' and said it reflected a 'victim-centred focus'.
The organisation said it had expressed concern in November 2023 when it was revealed that the provision was being removed from draft legislation.
'This reform will ensure that any belief in consent must be objectively reasonable, rather than based on subjective beliefs. It is a crucial step in strengthening protections for survivors and ensuring that perpetrators are held accountable for their actions,' DRCC chief executive Rachel Morrogh said.
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'Scale of our sexual violence epidemic' shown by record calls and texts to national rape crisis helpline
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'The passage of this legislation cannot come soon enough and we remain committed to working with all stakeholders to create a justice system that truly supports and protects survivors of sexual violence.'
According to figures from DRCC's annual report, published in May, the national Rape Crisis Helpline received more than 20,000 contacts for the first time last year. This marked a 22 per cent increase on 2023; 37 per cent of the 22,700 contacts made in 2024 related to rape as an adult.
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