New sexual offence laws take effect today

They include provisions criminalising the purchase of sex in Ireland, as well as provisions relating to child sexual exploitation, child sexual abuse and child pornography.

Ms Fitzgerald said: “The new offences relating to child sexual exploitation and child sexual abuse are significant steps forward in strengthening our laws, In particular the Act introduces a specific offence relating to the use of information and communications technology to facilitate the sexual exploitation of a child.

“The offence includes communicating, via ICT, with a child for the purpose of the sexual exploitation of that child and also the sending of sexually explicit material to a child and thereby targets online sexual grooming of children.

“There are new and strengthened offences relating to child pornography. Among these is an offence of attending a live pornographic performance involving a child, including attendance via the use of information and communication technology.

“Offences concerning sexual acts with under age children have also been restated and strengthened in this Act. However, the Act also recognises the reality of under age, consensual, peer relationships through the introduction of a ‘proximity of age’ defence. Under this provision, a person charged with an offence of engaging in a sexual act with a person between the ages of 15 and 17 years can rely on a defence where the act is consensual, non-exploitative and the age difference is no more than two years.”

Ms Fitzgerald said the introduction of a statutory definition of consent would bring Irish legislation in line with other common law jurisdictions.

She said: “Consent is at the heart of every lawful sexual act and the clarity brought to the issue in this Act reinforces that fact.”

Meanwhile, she said new laws criminalising the purchase of sex would “target the demand for prostitution” and would be vital to tackling “the wider exploitation associated with prostitution, including the trafficking of persons for the purpose of prostitution”.