Government approves inclusion of sexual consent definition in laws
The Government has given the go-ahead to include a definition of sexual consent in our laws.
The Tánaiste says the proposed changes make it clear that people who are asleep or unconscious after drinking alcohol cannot give permission for sex.
Minister for Justice Frances Fitzgerald said the change aims to provide clarity in our legal system.
The Tánaiste said: "The Government has agreed to the inclusion of the new provisions on consent in the Criminal Law (Sexual Offences) Bill 2015. The changes proposed will make it clear that a person who is incapable of contenting to a sexual act due to, for instance, being asleep or unconscious, as a result of intoxication or being mistaken as to the identity of the other person involved cannot give consent.
"Also, a person does not consent if he or she is being unlawfully detained, cannot communicate whether or not they agree to the act due to a physical disability or if the only consent given is that of a third party
"The provisions will help provide additional clarity, together with established case law, in cases involving sexual offences.
"The changes in the Criminal Law (Sexual Offences) Bill are far-reaching and will bring additional protections to some of the most vulnerable people in our community."
