The issue of consent in cases of sexual violence is a major grey area in Irish law as there is no statutory definition for it.
“Introducing a statutory definition of consent is a matter which is under review in the department,” a spokeswoman from the Department of Justice told the Irish Examiner.
This news follows the publication of the Criminal Law (Sexual Offences) Bill 2015, which referred to consent but failed to define it. As it stands, there is only a reference to consent in Irish law.
The department spokeswoman said: “Section 9 of the Criminal Law (Rape) (Amendment) Act 1990 confirms that the failure to offer resistance does not amount to consent. Otherwise, the issue of what is or is not consent has been developed through case law. The courts have confirmed that consent requires voluntary agreement by a person at the age of consent and with the necessary mental capacity.”
