‘Honest belief’ rape defence to be reviewed

The “honest belief” defence in rape cases will be reviewed by the Law Reform Commission following a Cabinet decision yesterday.

Independent TD and Children’s Minister Dr Katherine Zappone convinced her Cabinet colleagues to review the defence whereby an accused person can and must be acquitted of rape if he can persuade a jury and the court that he honestly believed that consent was given.

Speaking afterwards, Dr Zappone said: “The defence of honest belief in the consent of a victim, no matter how unreasonable, is outdated. We now have an opportunity to introduce in law the need for those accused of rape to demonstrate an element of reasonableness in relying on the defence of honest belief.

“The current practice allows the accused to continue their illogical process of forming beliefs and risks them engaging in the same behaviour again. Now we have an opportunity to modernise our laws and introduce a long overdue victim centred approach.”

Dr Zappone said the Commission will now “be requested to produce a definitive, balanced and reasonable assessment which I hope will lead to a draft bill before the end of the year”.

Yesterday’s Cabinet meeting also agreed to Justice Minister Frances Fitzgerald’s proposal to include a definition of consent in the Criminal Law (Sexual Offences) Bill.

Ms Fitzgerald explained: “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.”